Why This Happens
This is a common roadblock for families—especially those with students who are “high-achieving” but still struggle with ADHD.
Schools often argue that because a student makes good grades, they don’t need a 504 plan.
But that’s a misinterpretation of Section 504 law. Here’s how to navigate it.
1. Know the Legal Standard
Section 504 Eligibility
A student qualifies if they have a physical or mental impairment that substantially limits one or more major life activities (34 C.F.R. §104.3).
Major Life Activities include
Concentrating, thinking, reading, learning, organizing, and regulating behavior — not just earning grades.
Grades are not the only measure.
A student can make As and Bs and still qualify if ADHD substantially limits focus, organization, test-taking, or other aspects of school functioning.
The Office for Civil Rights (OCR) has ruled repeatedly that academic success does not automatically disqualify a student from 504 protections.
2. Document Functional Limitations
To strengthen your case, gather evidence showing how ADHD impacts your child beyond grades:
- Teacher feedback: struggles with attention, completing work on time, staying seated, or frequent redirection.
- Medical or psychological documentation: ADHD diagnosis, symptom severity, medication effects.
- Work samples: missed homework, incomplete tests, or disorganized written work despite strong understanding.
- Standardized test performance vs. classroom grades: underperformance on timed or high-demand tasks can be powerful evidence.
- Parent observations: excessive time spent on homework, emotional outbursts, or fatigue from constant self-regulation.
3. Request a 504 Evaluation in Writing
Submit a formal written request for evaluation under Section 504 to your child’s principal or district 504 coordinator.
Be sure to cite Section 504 and the ADA Amendments Act (2008), which broadened protections to explicitly include concentration and thinking as major life activities.
Attach medical or psychological documentation confirming the ADHD diagnosis.
Example wording:
“I am requesting a Section 504 evaluation for my child under the ADA Amendments Act. Although my child currently maintains passing grades, ADHD substantially limits the major life activities of concentrating, focusing, and organizing, which affects daily functioning and educational access.”
4. Be Ready for Pushback
Schools may argue:
“Good grades = no impact.”
→ Counter: The law focuses on access and functioning, not just academic performance.
Or they may say:
“RTI or teacher support is enough.”
→ Counter: Informal supports can disappear at any time. A 504 plan provides consistent, legal protections.
If the school denies the request, ask for a written explanation of why they believe your child does not qualify.
This documentation creates a helpful paper trail if you need to appeal or escalate later.
5. Options if Denied
- Appeal within the district: Most districts have a grievance process for Section 504 denials.
- File a complaint with OCR: You can file a free complaint with the U.S. Department of Education Office for Civil Rights, which has ruled against schools that deny accommodations based solely on good grades.
- Seek outside advocacy: Organizations such as Disability Rights Mississippi (when funding allows), private advocates, or education attorneys can help.
Helpful Tools
Sample Parent Letter
A template you can adapt when requesting a Section 504 evaluation. It’s written to be professional, assertive, and anticipates the “good grades” objection.
Common ADHD Accommodations List
Attach this to your parent letter. These are evidence-based supports that help students thrive without lowering academic standards.
Learn More:
ADDitude Magazine offers excellent articles, legal guides, and downloadable resources for parents navigating ADHD and education law.
The Well: Family Support
At The Well, we help parents advocate for their children with confidence.
Our clinicians and family advocates can provide documentation, psychoeducation, and emotional support to make the process less overwhelming.
Visit thewellms.org to learn more about our ADHD and family counseling services.
