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Do you have a child with ADD/ADHD? Is your child eligible for special education under the IDEA? Many readers think the answer is a clear "yes." Many readers think the answer is a definite "no."
Learn who is eligible for special education services under IDEA and about your child's rights under Section 504 in this issue of the Special Ed Advocate. Read about the new Wrightslaw multi-media training programs - programs that meet your needs. These programs will be available in late August.
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| Is My Child with ADD/ADHD Eligible for Special Ed Services? |
"My son has ADD. Our doctor told us to request special education services from the school. When we did, the school said he is passing, so he is not eligible for special ed. I'm confused!"
If you are a parent or a teacher, you need to know what makes a child eligible for special education services under IDEA.
Having a disability, including ADD/ADHD, does not mean a child is automatically eligible for special education services. The key phrase for eligibility under IDEA is "who, by reason thereof, needs special education and related services."
If a child has a disability and needs special education services, the child is eligible for special education services under IDEA. How do you know if a child needs special education and related services? You need to know if the disability adversely effects the child's educational performance.
What can you do if the school claims your child is not eligible for special education services? You need a Game Plan to resolve this problem while also protecting the parent-school relationship - and this is not easy.
First, you need to educate yourself. You need to know what the law actually says. You need to learn about eligibility qualifications for a child with a disability, especially specific learning disabilities and other health impairments. You need to learn about protections available to your child under Section 504. (see next article)
Get answers to these questions and a Wrightslaw Game Plan that you can use to deal with the school, read Is a Child with ADD/ADHD Eligible for Special Education Services Under IDEA?
If your child has ADD/ADHD or any other disability but does not need special education services, the child may be entitled to protections under Section 504 of the Rehabilitation Act. Section 504 is a civil rights statute that protects individuals with disabilities from discrimination for reasons related to their disabilities.
The next article, What are My Child's Right Under Section 504? will clarify the school's responsibilities to your child.
Have more questions? On the ADD/ADHD topics page you will find dozens of articles, cases, references, and other info about ADD/ADHD, legal disabilities, discipline, and parent advocacy.
Be Proactive
To know if your child is eligible for special education services or protections under Section 504, YOU need to know what the law does and does not say. Do not rely on or be misled by interpretations by others. Too much is at stake.
Look it up! You'll be glad you did.
Get your own copy of the IDEA Statute and Regulations
Read the IDEA 2004 Statute and Regulations in Wrightslaw: Special Education Law, 2nd Edition. - and get Pete's commentary and analysis of the laws. Chapter 4 is an Overview of IDEA 2004. Chapter 5 is the Table of Statutes (similar to a Table of Contents), followed by the IDEA Statute. Chapter 6 is the IDEA 2004 Regulations. On sale today
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| What are My Child's Rights Under Section 504? |
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"My child has ADD. When I asked the school for help, they said she wasn't eligible. Can a school refuse to provide special education services to a child with ADD because she does not meet the eligibility criteria under the IDEA?"
The correct answer is "No."
"Is a child with ADD, who has a disability within the meaning of Section 504 but not under the IDEA, entitled to receive special education services?"
The correct answer is "Yes. If a child with ADD is found to have a disability within the meaning of Section 504, he or she is entitled to receive any special education services the placement team decides are necessary."
"Can a child who has ADD/ADHD who is protected under Section 504 receive related aids and services in the regular educational setting?"
The correct answer is "Yes. Should it be determined that a child with ADD has a disability within the meaning of Section 504 and needs only adjustments in the regular classroom, rather than special education, those adjustments are required by Section 504."
Plan of Action
If the school balks and refuses to evaluate your child for ADD/ADHD or another disability, or if the school claims that your child with a disability is not eligible for special education services or Section 504 protections, read the Memorandum, OCR Facts: Section 504 Coverage of Children with ADD.
This Memorandum, published by the Office of Civil Rights in 1992, answers frequently asked questions about ADD, Section 504, evaluations, and services. You'll learn that Section 504 requires schools to evaluate children who are suspected of having a disability, including ADD, after a request from the parent.
Do you have more questions about protections under Section 504? You'll find articles, references, and resources about discrimination, accommodations, modifications, access to educational programs, and much more on the Section 504 page.
Chapter 7 of Wrightslaw: Special Education Law describes rights and protections under Section 504... and much more.
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| Coming Soon! Training That Meets Your Needs |
"Your new online training programs are more informative and user-friendly than live presentations. I'm not distracted by cell phones and people talking (and eating)."
 "If I need to do a load of laundry or answer the phone, I don't miss anything because I can put the presentation on pause. If I get distracted by the kids, I don't miss anything because I can rewind the tape and watch it after they are in bed."
"I can play and replay the program as often as I need!"
Learn when you have time. Work at your own pace. Make yourself comfortable - watch training programs after changing into your pjs.
We know many folks can't attend Wrightslaw training programs. We also cannot visit every city and town. With multimedia digital programs, Wrightslaw training is available to you, wherever you live. All you need is a computer (and speakers).
Coming Soon! The first Wrightslaw training programs will be available in late August 2007.
One program is the one-day Wrightslaw Special Education Law and Advocacy training program - with lots of new content. Another program,"Tests and Measurements for the Parent, Educator, Advocate and Attorney" will teach you about your child's disability and how to measure and monitor your child's progress (or lack of progress).
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