OCR also released a Question and Answer Guide on the ADA Amendments Act of 2008 for Students with Disabilities Attending Public Elementary and Secondary Schools.
Within the Question and Answer Guide, I was pleased to see OCR emphasize that "Grades alone are an insufficient basis upon which to determine whether a student has a disability," and that "Grades are just one consideration and do not provide information on how much effort or how many outside resources are required for the student to achieve those grades." Often, school districts will deny 504 and IEP eligibility because the child is receiving good grades. This OCR document provides support that the report-card-only eligiblity test is not permissible.
If you have question about whether your child qualifies for 504 accomodations or special education services, contact the Boston area Law Office of Lillian Wong today.