In an ideal world, teachers and school administrators would be as eager as parents to see that children with ADD get what they need to succeed in school. Unfortunately, teachers are pressed for time as never before, and school districts are strapped for cash. So it's up to parents to make sure that their kids get the extra support they need.
"The federal government requires schools to provide special services to kids with ADD and other disabilities, but the school systems themselves bear much of the cost of these services," says Susan Luger, director of The Children's Advisory Group in New York City. "Though they'll never admit it, this gives the schools an incentive to deny these services. The process of obtaining services has become much more legalistic over the past 10 years."
Two federal laws require public schools to provide an appropriate education to students with disabilities. The Individuals with Disabilities Education Act (IDEA) applies to students who are eligible for special-education and related services. To qualify, a child must meet the criteria for one of 13 disabilities. ADD isn't among these, but your child may be eligible if he's also affected by one of the specified conditions, which include learning disabilities, emotional disturbances, and developmental delays. Many ADDers, however, qualify under another IDEA category: "Other Health Impairment." In either case, it must be shown that having ADD substantially affects the child's ability to function and achieve in school.
Children who qualify under IDEA are entitled to a range of services and protections. Parents, teachers, and other school staff work together to develop an Individualized Education Program (IEP) to guide the delivery of special-education 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 that may apply to ADDers is the Rehabilitation Act of 1973. Section 504 of the statute guarantees certain rights to people with disabilities, including access to a free and appropriate education. If ADD symptoms "substantially limit" a child's ability to learn, he is entitled to services under Section 504. Usually, these services involve accommodations in the classroom, like extra time to complete assignments, but can also include the use of computers and other assistive technologies. Unlike an IEP, there are no legal requirements about what should be included in a 504 Plan, and the school isn't required to involve the child's parents in the process (although many schools do).
If you're pushing for a relatively costly service, such as an aide to "shadow" your child in the classroom, or reimbursement for a private special-education school, Luger recommends hiring an educational advocate or attorney to help you navigate the system. Fortunately, most ADD children need only basic accommodations (see "Six Accommodations for Kids") that cost little or nothing. Often, these can be arranged by sitting down with your child's teacher. If the school has a special-education teacher or resource person who is knowledgeable about ADD, ask if she can join the meeting.
Informal agreements
Two years ago, when Jack Riley, of Marstons Mills, Massachusetts, was in the first grade, he was given extra time on exams and other accommodations for his ADD symptoms. The teacher initially resisted, but Jack's mom, Christine, was able to win her cooperation.
Pushing for informal accommodations without ruffling the teacher's feathers is tricky, but it's essential to keep the teacher on your side.
"It's important for parents to approach this process as a partnership," says Maureen Gill, a pediatric social worker in Reston, Virginia. "You don't want to march in and say, 'You need to do X and Y.' Instead, say, 'My child has been having problems in class because of his ADD, and I want to work with you to find out what will help him.'"
Your push for accommodations will be easier if the teacher is knowledgeable about ADD. Says Gill, "If the teacher has been trained to work with kids who have ADD, she'll realize the importance of seating a child in the front of the room, or partnering him with a classmate. The teacher will know that ADD kids often have problems with writing, so she may reduce the child's writing load. If a child also has auditory processing problems, she'll know to speak to him face to face. Unless the teacher has been trained, none of this is obvious."
This article comes from the February/March 2006 issue of ADDitude.
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