I’m always a little surprised when we get these questions. So I decided to post on this one. JF writes –
“I receive your newsletter and I’m not sure if you can help me. My daughter was recently been diagnosed with ADHD. I’ve been told that this is not a learning disability although she struggles tremendously in school (in fact she is in jeopardy of failing). Her diagnosis is so recent that she hasn’t started on any medication as of yet. She is extremely unorganized and has absolutely no time management skills.
What rights do we have if we request a meeting with her school? Does the school have to give her special considerations when taking quizzes/tests? What about other assignments?
Any suggestions you have are greatly appreciated.”
I don’t know who told you that ADHD is not a learning disability. It often is, and kids who have ADHD often have learning disabilities that affect other areas – math, writing skills, etc.
Seventeen years ago, in 1991, the Office of Special Education and Rehabilitative Services, Department of Elementary and Secondary Education, and the Office of Civil Rights published a Joint Policy Memorandum on ADD/ADHD to ensure that all school officials were aware of this. The Memorandum stated that children with ADD/ADHD may be eligible for special education services under several existing categories (including LD, OHI, ED); circumstances under which schools must provide services and supports under Section 504 of the Rehabilitation Act.
Link: https://www.wrightslaw.com/law/code_regs/OSEP_Memorandum_ADD_1991.html
The Memorandum begins with this statement:
“There is a growing awareness in the education community that attention deficit disorder (ADD) and attention deficit hyperactive disorder (ADHD) can result in significant learning problems for children with those conditions … ”
In 1997, the Individuals with Disabilities Education Act was reauthorized. The law specifically stated that children with ADD/ADHD may be eligible for special education services under three categories – specific learning disability, other health impairment or emotional disturbance.
If you read some of the articles on our ADD/ADHD page, I think you will have a clearer sense of these issues and what you need to do to help your daughter.
https://www.wrightslaw.com/info/add.index.htm
I have ADHD, Pete has ADHD, and so do our (grown) children. Our kids were challenging to raise (and so were we) but they can do fine if adults in their lives accept and help them, and don’t give up on them. The way many public schools are structured can make life very hard for kids with ADD/ADHD.
-Pam
My nephew is in denial about his ADHD but the school is working with my sister. What has not been addressed is that older students with ADHD have to have an internal motivation. My nephew is in the 11th grade. At this point, my sister is focusing (not on the meds which he refuses to take) but motivating him to stay in sports (which help a lot) and to graduate. For a lot of parents, it becomes a bit difficult to navigate when a child is older as they do have their own “voices” and their own “rights.” My sister made a smart move by dropping the medication discussion and focusing on his primary needs. One cannot make a 17 year old take medicine but one can guide him, support him in his sports and insure that he graduates. That is all she can do.
hey! i am very upset that i have to keep waiting around for my diploma. they didn’t let me know that i had a learning disability
until i got older. i have adhd now and a math disorder.
i don’t understand i had a reading problem in elementary school and they wrote down things letting people know i had this probelm, but never got treated for it until now. i am 23 yrs oldi have my own online business, but i am still waiting for my psychologist to see if i can get a letter of recommendation
if that doesn’t help. is it true that i can go to court to have
an appeal? cause they have been holding onto my diploma cause i failed my math exam and passed all my classes. i swear the education system in louisiana sucks.
What abt Adults w/ ADD who never received testing for IEP or obtained a 504? What if you were diagnosed in your early 20s after elem and HS? How are your rights protected? I am on the verge of being terminated from my school not bc of a low GPA but bc of my ICR simply from withdrawing from so many classes. This is an expensive condition. A year ago my Community College did not have ADD specific services for students. I was told ADD is NOT a learning disability but I’ve read and thought otherwise. I was tested by my school to find I have mathematics disorder but I suspect they did not fully test me. How can I be tested for LDs to ensure I’ve been tested for everything. I am 29 yrs old. I see now that the CC offers ADD Coaching for its students. Are times changing? Thank you in advance for your feedback!
My daughter was flagged early as a child with ADHD. 2+ years went by, the teachers continued to nag me about getting her tested. Two pediatricians evaluated her, put her on meds, but it made things worse. Huge improvement when I made significant changes in her diet, cut out dairy, wheat, food additives, dyes. My daughter only eats food that I make. A big problem is that schools offer easy lunches with no nutritional value. Took about 2 years to adjust to this new diet, takes commitment, but you will definitely see a change. My daughter also lost 20 lbs, helped a lot with her self esteem. She was really upset at first, but we learn new ways to make treats and good meals that we can all have. Another important thing, took her to a chiropractor for regular adjustments and vitamins/supplements that my daughter needs.
My son has had an I E P since elementary school. He now should be in 12th grade. Unfortunately he has pretty much given up and is trying for his GED.
I am at wits end. It seems things started going downhill when he hit highschool. I believe it started when his inclusion teacher held up his discipline report and told kids this is why you dont want to misbehave. I am in constant contact with his guidance counselors, I dont understand why the teachers dont know him by now. He is very well liked by his peers but very sensitive and afraid of failing to the point he shuts down and doesnt try. He has had a lot of trauma in his life, alcoholic father, my boyfriend, a father figure to him passing away. He lost a few friends to drugs and one in the Haiti earthquake. I need to know who to contact and what my rights are. Im getting nowhere with school.
I still need a response to my previous comment which I will include here again, but also add the the school not parent has decided to remove the IEP eligibility status. The child does have ADHD. “If a child becomes due for an IEP eligibility review to determine if said child is still eligible for services as an IEP when the school is Under District Improvement due to poor student state testing, how can a parent prevent the denial of such services?
It would clearly seem to be related especially when the child has had an IEP since Pre-K to now in High School. The school did not make Adequate Yearly Progress (AYP) which is decided by student test scores on the state DSTP or DCAS where students with disabilities are a listed group for consideration. Budget cuts have caused a big concern as well.”
To Angie:
Check your school’s official policy on grade point averages and academics. Our school requires a certain grade point average, or he/she must be “making progress on the IEP.” This is a ruling that has helped and motivated my students when they wanted to be involved in athletics. If he has talent, maybe you can get some support from your coach.
Michelle W Perhaps seeking another doctor for a second opinion may be a good idea or going to a psychologist. My son had a behavior problem and ADD. We discovered he also had a food allergy that contributed to his behavior. We corrected that and adjusted his med’s. WE also requested a behavior assessment be completed by the school to see what they come up with as issues. You can do this in writing and be sure to sign the school’s official request form for the assessment or they will not be obligated to do the test within 60 days. Many people make this mistake and it takes the school longer to get the testing done.
My grandson has ADHD and another behavoiral prob. He has been on meds since he was 5 and now is 9. He is getting worse and being very mean and physical. He runs away and when e is told no, he goes off and tries to hurt us. How do we help him? We have tried behavior plans with the doctor anthing helps. wE are desparate.
If a child becomes due for an IEP eligibility review to determine if said child is still eligible for services as an IEP when the school is Under District Improvement due to poor student state testing, how can a parent prevent the denial of such services?
It would clearly seem to be related especially when the child has had an IEP since Pre-K to now in High School. The school did not make Adequate Yearly Progress (AYP) which is decided by student test scores on the state DSTP or DCAS where students with disabilities are a listed group for consideration. Budget cuts have caused a big concern as well.
ANgie I don’t have enough room to be very detailed however I can tell you that your goal is to put modifications and accommodations on your son’s IEP that allow him to be successful so he can get the grades to be in sports. For example we had homework modified for our sons for math. If the homework was to do 50 similar problems my sons could do 1/2 of that because it took him so much longer to do the problems but they learned the same benefit as he would by doing the 50. We also had it in the IEP that my sons could rework errors on a failed test and receive 1/2 credit for it. These things still helped them learn what they had to learn but allowed them to have a life as well. As they got better with the math we added more of the homework until they could do the same amount as the other students. This took several years but worked.
My 10-year-0ld son has ADHD and his school has been supportive. However, my question is different. I have been doing alternative medicine with him and not doing medication which was recommended by the school. He is doing very well. The change in him, in their words, “has been huge.” I am paying for all thos. Is it possible to get the school district to pay for my treatment which has worked better and faster than the services they provided? Less than a year of my treatments did more than the years of Speech, OT and PT provided by them. Shouldn’t they pay for the treatment that works best? My treatments are longer-lasting, possibly permanent and more cost effective in the long term.
Medication is NOT the only answer! . Your doctor will not tell you about other ways. Believe me, I know. I’ve been there. Read the research!
My son was recently diagnosed with ADD. He has started medication so we are working thru the dosage adjustments. He also has a learning disability. I am in constant contact with the school system against what they prefer but we seem to making some progress because I will not give up. While he struggles academically, he is a good athlete who has now been advised he cannot play his sport because of one failing grade for the nine weeks. I am concerned that the school system does not seem to understand his academic challenges and now proceeds to pushish him for his disabilities. Any suggestions on how to deal with this?
I found your website through the adoption family magazine. I am so grateful and relieved to have found you. We have a child that we have adopted and she has problems in school academically. We don’t know what else to do in helping this wonderful child. I will read everything you have to offer and go from there .Thank you with tears in my eyes thank you
texas mom.. i know this is over 2 years old so i hope things have turned around since then. I am currently 21 years old and a 4th year college student majoring in Mathematics. I have been diagnosed with ADHD for 12 years and I too HATED school. I almost failed out of 8th grade myself and just shut down. I don’t know if you’re opposed to medication but it truly helps until his maturity level can get there. it took me about less than a year ago to fully understand ADHD and who I am and what purpose school has. I have also just learned the importance of things and got rid of the I don’t care attitude. I also think that school is the worst thing for him. I had tremendous help throughout school they went above and beyond what they needed to do the ensure success for me. This has also followed me to college and is why I chose this University.
ADHD is not a “Specific Learning Disability” . It is a disability that meets special education services eligibility, but it is not LD.
Julie- Can you go into the school and observe the classroom? I have done this in the past. MY school requires that you call first and make an appointment as they will not let a parent observe when a parent just shows up. Also you can request an IEP meeting when the school provides evidence of how and what they are doing to meet the IEP goals. Have them bring testing, school work, etc on what they are doing. This is a good start and then you can go from there.
please help Me find an advocate in Howard County Maryland. My Son has multiple challenges and is struggling and not moving.
my grandson was diagnosed with add/adhd in kindergarten. we have had so many problems with the teachers on his accommodations. i would like to know how i can be assured that these teachers are giving him his modifications and accommodations. when asked are you doing this and that, of course the answer is always yes. but to look at his grades, i am not convinced. we do his studying at home and he knows his answers, but when he takes his test in school, he doesnt do well. i was reading that when this occurs, then something is not right in the classroom. i addressed this with his teacher , her response was, maybe its the anxiety of taking the test. any suggestions would be so appreciated. thank you julie
Why is then that the DSM book (DSM-IV) is saying that ADD/ADHD is one of the same? I think it’s ignorant. And that’s coming from someobody who has ADHD. Honestly I think It’s ADD for me because I am not a hyper person.
ADHD/ADD classification OHI need doctor diagnoses school district pays for the evaluation § 300.34 Related services (c) Individual related services terms defined. The terms used in this definition are defined as follows: (5) Medical services means services provided by a licensed physician to determine a child’s medically related disability that results in the child’s need for special education and related services. Florida need to go to due process to fight the school. I help teach parents to fight for free all over the US.
This is for Gene: Our son was tested 8yrs ago w/fine motor visual processing disorder. I would take your son to a neuropsychologist and have full testing done. These results are better then school. Then I would write a letter to school get tested for OT and Gray Oral Reading Test and for math I would recommend Key-Math-3. My son received OT for 5yrs got academically caught up and since they stopped services my son made no gain in 3yrs. Wrightslaw advocacy and attended a conference is how I caught this. We had to leave the district and our son is 9gr. and 3/4yrs behind math written language reading. Our kids have the same issues with blurred vision and headaches this can’t continue and I’ve asked for technology for him and waiting to hear. I believe visual processing is major and IDEA needs to relook at this. Accommodations haven’t worked. HELP
My family has similar experience to yours.In our estimation,AD(H)D is a gift.
Thanks so much for reviewing this information with your readers. People often separate learning disabilities and attention deficit disorder as two separate, unrelated disabilities. As with all traits of people, abilities and disabilities blend to make up unique people with unique strengths and needs.
In response to DEG regarding visual processing disorders, my son has eye teaming, over convergence, and visual perception disorders confirmed by both a developmental optometrist and by the school’s own testing. For him it causes reading problems. He reads 2-3 years below grade level and he gets headaches if the print is too small or he has to read for more than a few minutes. He is on a (mostly worthless) 504 plan, but we’ve never been able to get an IEP for him.
My question is: Why is it that auditory processing disorders are included under “hearing impairment”, but totally analygous visual processing disorders are specifically excluded under visual impairment? These kids fall through the cracks.
My 7th grade daughter was diagnosed with Tourette Syndrome (fairly mild case at present) & ADHD at end of 5th grade. The school & District have been refusing most accommodations even though they agreed to a 504 (the only accommodation on there is limiting hmwk to 1.5 hrs, 5 nights a week & that is only 1 of several we have asked for). She has been denied any SpEd services because she tested ‘average’ over all on SpEd Assessments (even though there was a ‘significant scatter’ of scaled scores (6 to 16 !). The school told me that since she is on ADHD meds (Strattera) her “behavior issues” can’t be manifestation of ADHD & that her excessive talking/socializing is NOT a symptom of ADHD or TS, so ear buds or headphones during work periods are not called for and she “just needs to stop talking to people”. It is incredibly frustrating:(
Please remember that you as her parent are the very first educator, coach, and teacher that she has!! I have 2 children with ADHD and a husband with it also! I have learned how to be there for them and how to help them grow. I suggest reading the book, “Driven to Distraction” by Dr. Halloway. I’ve read it twice and learned a lot!
I am wondering if you have any suggestions for someone who cannot get accommodations on the bar exam. I have tried to do so for years, but I am told I do not have a long enough history of accommodation. I did not learn of my problem until later in life, and now I am paying the price. Why? I do not know. Any ideas on how I can help peers and professions in my career to view my talents without assuming I am defunct.
My son has extreme ADHD along with some learning disability and fine motor delay. Last week he started pulling his hair out on the top of his head in school only. He has a big bald spot on top. Today I asked the school to call me if it continued. Sure enough I went in to get him so he doesn’t go completely bald. I asked if he could wear a hat in class and the super said no. This is just one issue with him not getting the services he needs to do his work and feel good about himself. Any suggestions? Thank You
Brenda,
One of the best videos/DVD’s out there for helping staff to understand LD and ADHD is by Rick Lavoie. I think it is called How Difficult Can This Be? The F.A.T. City Workshop: Understanding Learning Disabilities.
Being a special educator, I have seen instances in which a student diagnosed with ADD/ADHD has not needed special services to help them succeed in school, but this is the exception.
These students would be tested by members of the team and observed in the classroom setting to see how their condition plays out in their learning process. From this info and student work samples, the team would decide how best to help the student to be successful in attaining educational parity with their peers.
Parents are the child’s best advocates along with the teacher of the class in making sure that an initial evaluation for services takes place in a timely manner. Once the request is put in, the school has a legal obligation to start this process and bring the data to table within the requisite time frame. A date is set at this time to meet.
ADHD is so much more than a learning disability, although most are more concerned about the attentional issues surrounding the problem. There are a number of issues which will affect the life of this person as well, outlined in the book Disconnected Kids by Dr. Robert Melillo.
School Psychologists in the schools can diagnose ADHD, but many do not feel comfortable doing so due to limitations in their training and experience. Some districts may limiting their areas of diagnosis. Many School Psychologists prefer not to diagnose ADHD since the law stipulates that ADHD must be diagnosed by a medical doctor in order to be eligible for OHI since ADHD is considered a medical diagnosis. Sadly, research has shown that most pediatricians are not particularly well trained or experienced in the diagnosis or medical treatment of ADHD – exams are brief, and most of the information may come only from the parents. While school-based evaluations for ADHD may be much more comprehensive, their lack of being a determining factor in OHI eligibility reduces the desire of many Sch Psychs to make the effort. This is a legal issue.
we do not medicate our ADHD son but support him with skills training and educating others. our rural school system is difficult to deal with. they admit the classroom effects of his behavior, but said it doesn’t effect his grades enough because he is passing, and does not qualify for IEP. so I pursued 504 protection for him, to require help with testing etc. but because we have “not tried everything” IE meds, the school psych. refused to recommend 504. outside testing showed IQ 116. but he is getting b’s and c’s not learning up to his potential due to poor testing/impulse control and classroom behavior. they have documented many behavior issues and admitted his adhd effects how well he does, but he doesn’t fail. can they refuse to protect him because i won’t give him meds? and not give accommodations that would help him do even better?
I have been fighting to get my son spec. ed. services since 2008. Disorganization, inattention, numerous behavior reports for impulsiveness led the school to petition the court in 2009 saying he was incorrigible. My sons treatment at school was horrible and they refused to recognize his ADHD disability. After being blackballed on 3 occasions while trying to switch my son to different schools, we finally hired an attorney in March of 2010 and requested our own psych. eval for spec. ed. We found that my son qualified as LD and OHI now and that he qualified according to the evaluation that was done by the school in 2008 as OHI. My son’s self esteem has been extremely damaged as a result of the past 3 years! Lesson learned – never give up and advocate for your child! His IEP meeting is tomorrow and we are looking forward to it!
As a parent, I consider my son’s ADD to be a diagnosis not a learning disability. Kids diagnosed with ADD vary as do all kids regardless of diagnosis. That said, the ADD impacts learning and specifically, school behaviors and demands.
As a student with a diagnosed disability, I advocate with the IEP team based how my son’s disability (symptoms) impacts learning and school demands.
I appreciate all of the encouragement from all of you. I never would have endured the attutides we have encounted. However, I must say, now I am stronger and more determined than ever to be the advocate my grandson needs. Keep sending us what we need. May God grant you all of the strength you need. Thank you, thank you, thank you.
My son has ADHD,anxiety and broad spectrum autism and Terrets. As he gets older some things have subsided, he refuses to take any of the meds as he states he wants to be normal ! He has a IEP in place and since high school started in Aug he can not comprehend Algebra! He has shut down ,refuses to do work or homework because he doesn’t understand it . The teacher can work one on one with him with like 4 problems but when she walks away he is clueless. Once he shut down he won’t even attempt the homework. I can not help him because i don’t understand Algebra myself. I spoke to the guidance counselor and asked if they had adult tutors i could pay, she said they don’t. She said he doesn’t make an effort doesn’t turn homework in ,my reply was this how can he? He doesn’t understand it how can he do it? What do i do to help my son ?
i am having to do a school research project on the things that would fall under the application of getting a disability check from the state…. i am needing some of the information on these things if u have any advice that which might help me
thanks… janelle
I have three siblings that have a disability, two of whom have adhd. They distract me all the time with my work as well as their own. I know they need the attention but my parents don’t help me. I am stuck looking after them and keeping them entertained. I am 13 and struggle to keep then up to date with their disability. They have been through heaps because our parents splitting up. Do you think this would interfere with their disability?