James_A
04-01-2002, 06:26 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
www.ed.gov/offices/OSERS/OSEP (http://www.ed.gov/offices/OSERS/OSEP)
(202) 205-5507 (voice/TTY)
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
www.ed.gov/offices/OSERS/OSEP (http://www.ed.gov/offices/OSERS/OSEP)
(202) 205-5507 (voice/TTY)
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ssmfeen
04-02-2002, 10:47 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, 05:48 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 -
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, 10:29 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.
aipearson
04-03-2002, 03:33 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
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angie
angie
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angie
ssmfeen
04-05-2002, 01:56 PM
Angie, thanks for the reply. My son is taking concerta 36 as well as 10mg of Aricept. The aricept is being taken through a study and it is helping a lot as an add on. He has a 504 and all that does is provide OT a 1/2 hour a week. The only accommodation they make is to reduce his worksheets the day he has OT. He has trouble focusing on all new lessons and grasps things when his father and I do one one one with him after school when the worksheets come home marked incorrect. It has only been six weeks on the Aricept and we have seen improvements in the worksheets in the last two weeks. There is an aid in the classroom for another child and sometimes there is one on one instruction but mostly it is up to us to make sure he has grasped what is being taught. We are concerned that it being only first grade he will start to fall behind as the lessons become more difficult and the 504 does not seem to be enough to manage this. I had hoped that the law would be more helpful but it isn't and with the cutbacks coming up in special ed I think things will only be more difficult to get him the help he needs.
aipearson
04-06-2002, 12:02 AM
ssmfeen,
My son is also in first grade so I understand how hard it can be with a child with ADHD. First of all, I am opposed to the amount of worksheets they do in first grade. It is ridiculous to expect children that young to sit and not become bored doing such BORING work and then they wonder why they do not focus. There are other accomodations that could be made for him. Let me think about it and I'll get back to you. Does he manage to get his work done with the rest of the class? What exactly is the OT working with him on? Is his problem mainly a focus or attention problem or does he have a problem with hyperactivity?
My son is also in first grade so I understand how hard it can be with a child with ADHD. First of all, I am opposed to the amount of worksheets they do in first grade. It is ridiculous to expect children that young to sit and not become bored doing such BORING work and then they wonder why they do not focus. There are other accomodations that could be made for him. Let me think about it and I'll get back to you. Does he manage to get his work done with the rest of the class? What exactly is the OT working with him on? Is his problem mainly a focus or attention problem or does he have a problem with hyperactivity?
mandyliza
04-08-2002, 01:30 PM
I'm new at this but I did want to tell you all that the IEP program that the schools offer children with such problems does really work. I also agree with really standing firm ,when you know that your child can benifit from this. Believe me if you dont react and demand such assistance you will go unheard. Also want to mention the essentials 369 are very good along with a multi-vitamin are good to take when dealing with ADD like my 13 yaer old son and I do. This is all for now . Hope this helps.