You think your child has ADHD or a learning disability? Now what? The good news is that federal law requires public schools to provide every student a “free and appropriate” education in the “least restrictive environment.” The bad news is, it’s not always easy to get schools to do that.
Here’s a step-by-step process to ensure that your child gets what he needs.
1. Get an accurate diagnosis
If your child is struggling, the school may ask for permission to perform an evaluation, but you shouldn’t wait for them to do so. You can initiate an evaluation by calling the school to request one. If the school refuses, or if you disagree with the school’s findings, you can obtain an independent evaluation to document your child’s need for special education services. (Depending on the situation, the school may have to pay for the independent evaluation.)
2. Meet with the evaluation team
A multidisciplinary team consisting of the parent, a classroom teacher, special-ed teachers, and others will meet to determine your child’s eligibility for special-ed services, and how those services will be provided. If the team decides your child does not need special ed, the process stops. If you disagree, you can appeal your case in a “due process” hearing.
3. Decide which laws are applicable
Two federal laws provide for free, public special education services: the Individuals with Disabilities in Education Act (IDEA) and Section 504 of the Federal Rehabilitation Act.
IDEA covers kids with very specific conditions, including mental retardation, emotional disturbances, hearing impairments, and speech and language difficulties. Kids may qualify for coverage if they frequently have one of these problems in addition to attention deficit. Some qualify under another IDEA category: “Other Health Impairments.” Their ADHD is so severe, they’re unable to learn in a regular classroom.
Section 504 covers ADHD kids who don’t qualify for special-ed services under IDEA, but who need extra help in the classroom. The law prohibits schools from discriminating against students because of physical and mental impairments. Just as the school must provide ramps for kids in wheelchairs, it must make modifications (such as preferential seating, extra time on tests, or help with note taking) for kids with brain-based learning barriers.
4. Develop a plan
Whether your child qualifies under IDEA or Section 504, you should meet with the team to develop an Individualized Education Program (IEP). The IEP outlines your child’s unique educational goals and ways to meet them in the “least restrictive environment.”
Parents must be assertive. Make sure the IEP spells out exactly how the school will help your child meet his or her specific goals. “Nothing in the law says that teaching strategies have to be written into the IEP, so what we often end up with is a mealy-mouthed document with wishy-washy goals,” says Dixie Jordan, an education advocate in Wyoming. “‘Johnny will pay attention,’ ‘Johnny will complete his work.’ We put behavioral expectations out there and then punish kids for failing to meet them, rather than teaching kids how to meet them. And that’s what’s wrong with most IEPs.”
5. Stand your ground
Know the laws and how to use them. Consider the case of 10-year-old Paul, a suburban New York student who needed a “collaborative” education program, according to his parents and independent evaluators. The school didn’t have a collaborative program, so the team simply left it off Paul’s IEP.
However, tailoring a child’s IEP around which programs are available, as opposed to which programs the child needs, is in violation of IDEA. “We had one last meeting and we told them what we had decided,” says Paul’s mother. “We were pulling him out of the district, putting him in a private school, and we fully expected them to pay for it.” When school administrators refused to budge, the family got a lawyer and filed for a due process hearing. The hearing officer ruled that the school had to pay for Paul’s private school and his parents’ legal fees.
6. Get help
Ask for team meetings whenever you think they’re necessary to monitor your child’s progress and make changes to the plan. Take notes, keep copies of all documents, and tape-record meetings if you need to. Afterwards, send the team a thank-you note, along with a synopsis of what went on at the meeting, just to make sure you’re all on the same page. If there’s any disagreement or impasse, you don’t have to go it alone. Free or low-cost education advocates and attorneys are available to attend team meetings with you throughout the year.
