For parents of ADHD kids

[mguilford1]

I'm sorry, but if someone wrote your son an IEP based on one observation, they broke the law, and I hope that folder never gets pulled for a federal audit.

I do this for a living. The form that I fill out just to CONSIDER whether or not to evaluate a child requires two observations in two different settings.

It is also NOT true that a school must evaluate a child based on the say-so of a parent. A parent can request an evaluation and there will be an initial determination meeting; however, if there are no areas of concern checked off on that initial form, there is simply nothing for me to evaluate and the process stops right there.

Also, to consider the category of Other Health Impaired, I must have a specific form completed by a doctor certifying the effect the health issue has on the student's educational learning. It does me no good to say the child has been diagnosed as ADHD; I need to know what the adverse effect on learning is.

Are you talking about the Doctor that does the evaluations and observation in the school?

A child doesn’t have to be failing to make a referral. It can be made if there are discipline issues, unsatisfactory performance on group achievement tests, extreme and ongoing anxiety about school, difficulty getting along with others, or a medical diagnosis of a disability. If the referral comes from someone other than the parent, including from the child’s teacher, the parent must be immediately notified in writing that a referral has been made.

why would a parent request an evaluation if there were no areas of concern at all? And the process does not stop just because the school says so! there is such thing as filing for due process! read the Law!

My psychologist that diagnosed ADHD is not in the classroom to know what specifically is going on as far as education so how would he fill out this form? That is why there are evaluations and observations.

As a parent, guardian or advocate, you have a legal right to request that your public school evaluate your child for special education. Federal law, the Individuals with Disabilities Education Act as amended in 2004 (IDEA), gives you that legal right. If the school district refuses to do an evaluation or, after evaluating the child, concludes the child is not eligible for special education services under IDEA, parents have other rights. If they are refused an evaluation or disagree with the evaluation, parents may be entitled to an independent evaluation at the school district’s expense. Finally, even if the child is not eligible for special education services under IDEA, the child may be protected by other laws: Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990

Other health impairment (OHI)- This means the child has limited strength or alertness to the educational environment related to a health condition. It also can refer to a heightened alertness to stimuli, like in the case of ADD and ADHD. OHI can also include sensory integration dysfunction, anxiety disorder, asthma, sickle cell anemia, diabetes, epilepsy, lead poisoning leukemia, nephritis, food allergies.

I am glad my granddaughter does not go to your school!

 

[mguilford1]

Here are 10 common myths about ADD/ADHD special-education laws that some schools purvey, either through ignorance or in an attempt to discourage parents from requesting the help they should legally receive. Knowledge is power.

Myth 1: ADD/ADHD is not a real disorder and does not qualify as a disability.

ADD/ADHD is among the most thoroughly medically-researched and documented psychiatric disorders. ADD/ADHD qualifies as a disability under the Other Health Impairment (OHI) category of special-education law and as a disability under Section 504.

Myth 2: Students with ADD/ADHD who are getting passing grades or adequate achievement scores qualify only for a Section 504 Plan, not an IEP.

Students with passing grades may qualify for an IEP, as well as for a 504 Plan, if their behavior is adversely affecting their performance at school, socially or academically.

Myth 3: To qualify for eligibility under IDEA or Section 504, a student has to be diagnosed by a physician.

While best-practice evaluations of ADD/ADHD recognize the importance of comprehensive medical and psychological evaluations, the Department of Education issued a policy statement stating that, if the IEP team includes persons the school believes are qualified to diagnose the condition, a medical evaluation is not legally required.

Myth 4: Schools may require a medical diagnosis of ADD/ADHD at a parent’s expense prior to proceeding with an evaluation for special education or a 504 Plan. If a school requires or recommends a medical, psychiatric, or neurological evaluation as part of an evaluation to determine eligibility for special education or a 504 Plan, the evaluation must be at no cost to the parent. The school must pay for it.

Myth 5: Schools may require that students with ADD/ADHD receive stimulant medication in order to qualify for special education or for other services or activities.

Schools can’t require a student to take medication as a condition for his being eligible for special education or any school activity. Taking medication is a decision to be made by the family and their doctor. If the student has ADD/ADHD and qualifies for special education or a 504 Plan, the school must develop appropriate academic and behavioral supports to meet his needs, whether that student takes medication or not.

Myth 6: Teachers may decide whether or not they will implement an IEP or 504 Plan, or even whether they will teach a student with a disability, such as ADD/ADHD.

If a student has an IEP or a 504 Plan, the school staff is required to implement it.

Further, teachers may not refuse to have a student with a disability in their class. It is illegal, just as it would be for them to refuse to teach a student based on race, gender, or religion.

Myth 7: Schools may require parents to sign a waiver of liability before agreeing to administer medication at school.

Schools may require a doctor’s order confirming a prescription and the need to provide meds at school, but cannot make the provision of administering medication conditional on the parents’ signing a waiver of liability.

Myth 8: Students with ADD/ADHD may qualify for a positive behavior support plan only if they are exhibiting disruptive or inappropriate behavior toward others.

Under IDEA and Section 504, positive behavior supports can be included in the plan to address academic problems, such as timeliness, work completion, and on-task behavior, as well as to address negative behaviors in the classroom.

Myth 9: Students with ADD/ADHD who have a 504 Plan are only entitled to accommodations, like preferential seating or untimed tests, not services.

Under Section 504, students with ADD/ADHD (and other disabilities) are entitled to accommodations and may also be entitled to specialized educational services (such as individual instruction or tutoring) and related services (such as counseling).

Myth 10: Students with ADD/ADHD do not qualify for one-on-one aides, bus transportation, or other more intensive or expensive services in the classroom.

Students with ADD/ADHD are entitled to any services or supports necessary for them to benefit from their education under IDEA, and to have equal access to educational opportunities under Section 504. Any blanket policy limiting access based on a diagnosis or disability label is suspect.

 

[teacherforhi]

Are you talking about the Doctor that does the evaluations and observation in the school?

A child doesn’t have to be failing to make a referral. It can be made if there are discipline issues, unsatisfactory performance on group achievement tests, extreme and ongoing anxiety about school, difficulty getting along with others, or a medical diagnosis of a disability. If the referral comes from someone other than the parent, including from the child’s teacher, the parent must be immediately notified in writing that a referral has been made.

why would a parent request an evaluation if there were no areas of concern at all? And the process does not stop just because the school says so! there is such thing as filing for due process! read the Law!

My psychologist that diagnosed ADHD is not in the classroom to know what specifically is going on as far as education so how would he fill out this form? That is why there are evaluations and observations.

As a parent, guardian or advocate, you have a legal right to request that your public school evaluate your child for special education. Federal law, the Individuals with Disabilities Education Act as amended in 2004 (IDEA), gives you that legal right. If the school district refuses to do an evaluation or, after evaluating the child, concludes the child is not eligible for special education services under IDEA, parents have other rights. If they are refused an evaluation or disagree with the evaluation, parents may be entitled to an independent evaluation at the school district’s expense. Finally, even if the child is not eligible for special education services under IDEA, the child may be protected by other laws: Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990

Other health impairment (OHI)- This means the child has limited strength or alertness to the educational environment related to a health condition. It also can refer to a heightened alertness to stimuli, like in the case of ADD and ADHD. OHI can also include sensory integration dysfunction, anxiety disorder, asthma, sickle cell anemia, diabetes, epilepsy, lead poisoning leukemia, nephritis, food allergies.

I am glad my granddaughter does not go to your school!

The doctor completes a form regarding the medical issue that affects the child's learning. You can't be placed as OHI unless there is a medical issue causing an adverse effect on the child's education. Schools aren't medical establishments. We can't diagnose children with anything. Therefore, I must have a form completed by the child's physician stating what effect the child's medical condition has on their learning.

I never said the child has to be failing. I said there has to be areas of concern. Unfortunately, about half of my parent referrals come because a parent is upset that their child's grade fell from an A to a B, or a B to a C. I'm sorry, but a one quarter fluctuation in a child's grade is not an indicator of a need for special education services.

I know that a parent can file due process. I never said they couldn't. However, it is incorrect to state that a full evaluation MUST be carried out just because a parent wants it. Everything that happens in special education is a TEAM decision and parents are part of that team.

And I stand by the fact that if anyone determined that a child was eligible for special education services based on one one-hour observation, then the placement was made illegally. I'm glad I don't work there too.