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Understanding No Child Left BehindFiled Under: ADHD and the Law, Comorbid Conditions with ADD, Learning Disabilities, Diagnosing Children with ADHD
"I suspect my son has ADHD and dyslexia, but our school district says he doesn’t meet the criteria for being tested. I thought I could demand a medical evaluation if I disagreed with the school’s decision. No Child Left Behind, the school said, has phased out that provision."
No Child Left Behind (NCLB) has not phased out that responsibility. The Individuals with Disabilities Education Act (IDEA) requires schools to evaluate children, at no cost to the parents, to determine whether they have a disability, such as dyslexia, dysgraphia, that substantially impacts a major life activity (learning, for instance).
Specific learning disabilities, including dyslexia, are mentioned in IDEA; ADHD qualifies under the Other Health Impairment (OHI) category. School administrators may incorrectly quote the law to thwart the efforts of a zealous parent trying to advocate for her child.
Notify the school, in writing, that you’re officially requesting that your child be evaluated. If the school does not comply, contact a special-education attorney—the Council of Parent Attorneys and Advocates (COPAA) offers a list of them at copaa.org—and file for an impartial hearing from your state’s Department of Education.
A hearing officer will be appointed to make a determination on the case. Upon receiving such a notice, the school district will often contact its attorney, who will advise them on the law. In my experience, many children are granted the evaluation by the school.
Robert Tudisco is a lawyer who specializes in ADHD. He lives in White Plains, New York.