issue of The Special Ed Advocate,
we look at special education services for children with ADD/ ADHD
and parental rights in due process hearings.
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Are children with ADD/ADHD eligible for special education services under the IDEA? When are children with ADD/ADHD eligible for accommodations and modifications under Section 504? Can children with ADD/ADHD be suspended or expelled from school? (Answers: Maybe, maybe, maybe).
with Attention Deficit Disorders often have other problems that affect
learning and behavior. Many children have learning disabilities; some
have Tourette Syndrome, Obsessive Compulsive Disorder, and bipolar
2. Are Children with ADD/ADHD Eligible for Special Ed Services under IDEA?
people have questions about whether their children with ADD/ADHD are
eligible for special education services under the IDEA. For many readers,
the answer is a clear "Yes." For others, the answer is an equally
3. Section 504: Evaluating Children with ADD/ADHD
of Civil Rights published a Memorandum that clarifies the school's
responsibility to evaluate children with ADD/ADHD. This publication
includes Questions and Answers about ADD, Section 504 and IDEA, evaluations,
more. For example:
4. Guest Column: Reinventing Our Schools by Thom Hartmann
thought-provoking article, author Thom Hartmann describes two "world
views" of ADD and low stimulation and high stimulation classrooms.
is the author of several best-selling books about ADD/ADHD and education:
5. 9th Circuit: Relief When District Refuses to Implement HO's Decision
For some parents, winning relief at a due process hearing does not resolve their problems. What happens when the school district refuses to implement a hearing officer's decision? What happens if the state department of education does not require the district to implement the hearing officer's decision?
In some cases, parents are forced to request another round of due process hearings to resolve the refusal issue.
Last week, the U. S. Court of Appeals for the Ninth Circuit issued a decision that will help parents who are dealing with recalcitrant school officials.
The Ninth Circuit held that parents for whom compensatory education program was ordered by a Hearing Officer are not required to seek a new due process hearing or to comply with the states complaint resolution procedure before they can sue in federal court for failure to implement the program.
The Court also reversed the District Courts dismissal of the state defendants, holding that Eleventh Amendment immunity does not bar a federal court from granting prospective injunctive relief.
Steven Wyner, attorney for the parents, explains, "This decision provides a much needed remedy when school districts refuse to implement administrative decisions. School districts that try to waltz parents through endless rounds of administrative proceedings, rather than provide special education as ordered by the Hearing Office, will find that they have to face the music in federal court."
the decision in Porter
v. Bd of Trustees of Manhattan Beach Unified Sch. Dist. at:
6. ADD/ADHD Topics Page
Do you want to learn more about educating children with ADD/ADHD? Please visit the ADD/ADHD Page for articles, legal resources, book recommendations, free publications, and a list of information and support groups about educating children with ADD/ADHD:
For information about dozens of topics, from Advocacy to Zero Tolerance, visit the Master Topics Page at:
7. Advocacy Training: Fall 2002 Schedule
Knowledge is power. When you have information and skills, you will be a more effective advocate for your child. Our role is to help you gain knowledge and skills so you can negotiate on your child's behalf.
November, we travel to Ontario, CA for the LDA of California
conference, then to Atlanta for the International Dyslexia Association
7-9, 2002: Los Angeles, CA. Full
day of advocacy training on Nov 7; additional sessions on Nov
January 15-20, 2003: From Emotions to Advocacy Cruise - Don't Miss It!
to Plan a Training Program or Seminar
8. Cool Books About ADD/ADHD
inspiring, practical book was written by 2 college students; includes
practical strategies for kids to use: notebook organization, note
taking, test taking, cramming, reading, and more. Great gift! For
more information about Learning
Outside the Lines go to:
Teaching the Tiger : A Handbook for Individuals Involved in the Education of Students With Attention Deficit Disorders, Tourette Syndrome or Obsessive Compulsive Disorder by Marilyn P. Dornbush and Sheryl K. Pruitt
Excellent book for special educators, counselors, social workers, school psychologists, classroom teachers, and paraprofessionals. To learn more about Teaching the Tiger, go to
ADD: A Different Perception by Thom Hartmann gives examples of successful, creative, and dynamic individuals throughout history who were undoubtedly affected by ADD. Great gift for teenagers and young adults!
Includes management techniques that promote on-task behavior and language arts, & multi- sensory instruction strategies to maintain attention and keep students involved. For more info about How to Reach & Teach ADD/ADHD Children go to:
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