ADHD and Special Education
In this article, you will find:
What do I do if my child is found not eligible for the services?
Under IDEA, the school system must tell you in writing why your child was found "not eligible." It must also give you information about what you can do if you disagree with this decision. There are legal actions and remedies available. Each state has specific procedures required by the IDEA that must be followed.
Read the information the school system gives you. Make sure it includes information about how to challenge the eligibility decision. If that information is not in the materials the school gives you, ask the school for it.
Also get in touch with your State's Parent Training and Information (PTI) center. The PTI can tell you what steps to take next. Your PTI is listed on NICHCY's State Resource Sheet for your state.
It is also helpful to know that students with AD/HD may be eligible for services under a different law-Section 504 of the Rehabilitation Act of 1973. Section 504 is a civil rights law prohibiting discrimination on the basis of a disability. Any school district that receives federal funds must follow this law. Under Section 504, a person with a disability means any person with an impairment that "substantially limits one or more major life activities." Since learning is considered a major life activity, many students with AD/HD qualify as a "person with a disability" under Section 504. Schools are then required to provide them with a "free appropriate public education," which can include regular or special education services, depending upon each student's specific needs.
Therefore, if your child is found ineligible for services under IDEA, ask to have your child evaluated under the criteria of Section 504. Many children are not eligible for services under IDEA but are eligible under Section 504.
Reprinted from National Information Center for Children and Youth with Disabilities (NICHCY) Briefing Paper, Revised Edition, April 2002. Contact NICHCY at P.O. Box 1492, Washington, DC 20013-1492; phone: 800/695-0285 or 202/884-8200 (Voice/TT); email: nichcy@aed.org.
