Disabilities Education Act (IMPORTANT!) - ADD / ADHD Message Board

James_A · 04-01-2002, 03:26 AM

Individuals with Disabilities Education Act

The Individuals with Disabilities Education Act (IDEA) (formerly called P.L. 94-142 or the Education for all Handicapped Children Act of 1975) requires public schools to make available to all eligible children with disabilities a free appropriate public education in the least restrictive environment appropriate to their individual needs.

IDEA requires public school systems to develop appropriate Individualized Education Programs (IEP's) for each child. The specific special education and related services outlined in each IEP reflect the individualized needs of each student.

IDEA also mandates that particular procedures be followed in the development of the IEP. Each student's IEP must be developed by a team of knowledgeable persons and must be at least reviewed annually. The team includes the child's teacher; the parents, subject to certain limited exceptions; the child, if determined appropriate; an agency representative who is qualified to provide or supervise the provision of special education; and other individuals at the parents' or agency's discretion.

If parents disagree with the proposed IEP, they can request a due process hearing and a review from the State educational agency if applicable in that state. They also can appeal the State agency's decision to State or Federal court. For more information, contact:

Office of Special Education Programs
U.S. Department of Education
330 C Street, S.W. (Room 3086)
Washington, D.C. 20202
[url="http://www.ed.gov/offices/OSERS/OSEP"]www.ed.gov/offices/OSERS/OSEP[/url]

(202) 205-5507 (voice/TTY)

ssmfeen · 04-02-2002, 07:47 AM

Thank you for posting this information. I didn't think that ADD/ADHD was covered under IDEA. My son was given a CORE evaluation and becuase he had a high IQ when they tested him we were told he didn't qualify for IDEA even though medically he has been diagnosed ADHD. He does qualify and has a 504 but the accomodation they provide is somewhat comical. He still struggles in the classroom and it is clear from some of his work that he doesn't understand or grasp what is happening. What type of appeal do children like this have when they are smart when tested in a 1-1 situation? Would the agency you mentioned be helfpul with that problem? Thanks.

siobhan · 04-02-2002, 02:48 PM

Hope you don't mind me jumping in....

ssmfeen -

I was a child (along with most of us in my family), that was classified Learning Disabled, and gifted and talented. Alot of my disabilities aren't apparent in conversation or anything, really, that someone could observe. I spent too many years before I got an IEP, that allowed me access to the LD classes. It was a miserable couple year (as if elementary school, isn't cruel enough!). My mother simply pushed and pushed, and refused to take no for an answer. It's my understanding that if the parent requests an IEP, it's rarely rejected, if you puch hard enough.

I just recommend being a pain, and never taking no for an answer. Eventually, I spoke in front of the school board about this very issue.

Good luck!

ssmfeen · 04-03-2002, 07:29 AM

Thanks for replying and I don't mind you jumping in. The only way I could even get the school to agree to provide a CORE was by being the biggest pain they had ever seen. I walked into the school department office six months pregnant with my son who was not on any meds at the time and basically wouldn't go away until they typed up the paperwork requesting the eval and having me sign it then and there. So I agree that is what you have to do. I keep being told that they are following the law and from my reading of it I don't see anywhere in the law that ADD and ADHD is covered as a disability under IEP. I need to do more research on ADA and see if it is covered there. We just received the diagnosis two months so I haven't been able to finish all my research. If anyone has a better understanding of what the school system is mandated by law that would be helpful.

04-03-2002, 12:33 PM

I am a Special Education teacher and ADD or ADHD is not covered under IDEA. He would be covered under 504, for classroom accomodations and modifications. Unless he has another problem that would be covered under IDEA. What does he have problems in, what subjects? Is he on medication? My son also has ADHD and takes Concerta daily, and it helps alot.
angie

------------------
angie