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Know Your Child's Educational Rights

Does your child qualify for an Individualized Education Program or 504 Plan? Find out here.

 
Children with attention deficit disorder, dyslexia, or other learning disability overcome challenges in the classroom and improve behavior with ADDitude's expert tips from a veteran first-grade teacher. ADDitude magazine

Just having ADHD or LD doesn't guarantee eligibility for special services.

Two federal laws require public schools to provide additional educational services to children who need them - at no cost to parents.

To qualify under the Individuals with Disabilities Education Act (IDEA), a child must meet the criteria for one of 13 specific disability categories. AD/HD is not one of these categories, but your child may be eligible if he's also affected by one of the specified conditions, which include learning disabilities and developmental delays. Or he may qualify under IDEA's "Other Health Impairment" category. In either case, just having AD/HD (or LD) doesn't guarantee eligibility for special services. To qualify, the disorder must substantially affect his ability to function in school.

Children who qualify under IDEA are entitled to special-education services, including individual instruction by educational specialists. Parents, teachers, and other school staff work together to develop an Individualized Education Program (IEP), a plan for the delivery of special education and related services. The IEP describes the child's learning problems, details the services to be provided, sets annual goals, and defines how progress will be measured. By law, parents have the right to ask for changes to the plan.

The other federal law providing educational support is Section 504 of the Rehabilitation Act of 1973. It guarantees certain rights to people with disabilities, including access to a free and appropriate education. If AD/HD symptoms "substantially limit" a child's ability to learn, he is entitled to Section 504 services.

Usually, services included in a 504 Plan involve accommodations in the classroom - like extra time to complete assignments. But the plan may also include the use of assistive technology, such as computer-aided instruction, and access to therapy. There are no legal requirements about what a 504 Plan should include, and the school isn't required to involve parents in the process (although many schools do).


This article comes from the August/September 2006 issue of ADDitude.

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