What about Special Education?

The type of special education services a child receives will depend upon the nature and severity of his or her difficulties. Not all of these children will need special education services. And not all of these children can receive an appropriate education without special education services. Decisions about children's need for special education and their subsequent placement must be made on a case-by-case basis.

A series of steps is typically necessary in order for the child to receive special education services. First, the child must be experiencing educational performance problems. Second, when such problems become evident, the parent or teacher can refer the child to the local school district's child evaluation team and request an evaluation. Third, an evaluation is performed to determine if the child does indeed have a disability according to eligibility criteria set forth in state and federal law and if that disability is adversely affecting the child's educational performance. If so, the child may then be found eligible for special education services.

When a child is found eligible for special education, his or her parents collaborate with school personnel to develop an Individualized Education Program (IEP) designed to address the child's specific problems and unique learning needs. Here, strengths are considered as well. Strategies to improve social and behavioral problems are also addressed in the IEP. After specifying the nature of the child's special needs, the IEP team, including parents, determines what types of services are appropriate for addressing those needs and whether these services will be delivered in the regular education classroom or elsewhere (such as the resource room or through individualized attention).

Researchers estimate that half of the children with ADHD will be able to perform to their ability levels without special education services, provided the disorder is recognized, understood, and curriculum adjustments to the regular program of instruction are made.

The majority of children with ADHD who require special education services (approximately 35-40percent) will receive them through combined placements which might include the regular education classroom, with or without in-class support, and the resource room. Support personnel are likely to be used as case managers and consultants to regular education teachers.

Some children (approximately 10 percent) may need to be served in a self-contained classroom with minimal mainstreaming. Such children are likely to have severe ADHD and will probably have coexisting conditions as well.

What Do I Do If My Child Is Found Ineligible for Services?

The eligibility of ADHD children for special education services is an area of great concern to schools, parents, and advocates alike. This section looks at what the laws have to say about the legal rights of children with ADHD to special education.

I.D.E.A.

The primary law under which schools evaluate children for special education, and then provide services to those they find eligible, is called the Individuals with Disabilities Education Act, or IDEA. This law entitles children with disabilities to a free appropriate public education by mandating special education and related services for students who meet eligibility requirements. In order for a student to be eligible, he or she must have a disability according to the criteria established in state or federal law, or be suspected of having such a disability, and that disability must adversely affect his or her educational performance. Thus, a medical diagnosis of ADHD alone is not sufficient to render a child eligible for services. Educational performance must be adversely affected.

Presently, the IDEA lists 13 categories of disability under which a child might be found eligible for special education services. Your child must meet the criteria for one of these categories.

In accordance with federal law, each state has to have a state law that entitles students with disabilities to a free appropriate public education. All state special education laws must meet the standards of federal law. Local school districts, then, must follow the state law and its accompanying rules and regulations. Yet many local school districts may not understand their obligation to provide special education to children with ADHD in cases where the disability adversely affects the student's educational performance.

As a result of the considerable confusion in the field, the U.S. Department of Education has issued two memoranda intended to clarify state and local responsibility under federal law for addressing the needs of children with ADHD in the schools. The first memorandum, issued in 1991, states that "children with ADD should be classified as eligible for services under the "other health impaired" category in instances where the ADD is a chronic or acute health problem that results in limited alertness, which adversely affects educational performance" (U.S. Department of Education, 1991, p. 3). Children with ADHD are also eligible for services under any other category, if they meet the criteria established for those disabilities -- for example, "specific learning disabilities."

Section 504

According to the memorandum, students with ADHD might also be eligible for services under Section 504 of the Rehabilitation Act of 1973. Section 504 is a civil rights statute prohibiting discrimination on the basis of disability by recipients of federal funds. Under Section 504, a person with a disability means any person with an impairment that "substantially limits one or more major life activities." Because "learning" is included in Section 504's definition of "major life activities," many students with ADHD qualify as a person with a disability. Schools are then required to provide them with a "free appropriate public education," which can include regular or special education and related services, depending upon each student's specific needs.

What Parents Can Do

Therefore, if a school district finds a child ineligible for services under the IDEA, there are a number of actions parents can take to have this decision re-considered. Parents may:

• Ask the school system for information about parent rights and the appropriate procedures for appealing the decision, including mediation and due process. Due process is a right under the IDEA. State and local laws will specify the procedures to be followed, as required by the IDEA.

• Ask to have their child evaluated under the criteria of Section 504. Many children who have not met eligibility criteria under IDEA do meet those under Section 504.

• Contact sources of assistance. Each state has a Parent Training and Information Center that is an excellent resource of information about state policy, state disability definitions, appeal procedures, and legal requirements of both IDEA and Section 504. Another resource available to parents, particularly those in disagreement with the school system, is the Protection and Advocacy (P&A) Agency within the state, which can provide guidance and assistance. Trained advocates with private consulting businesses also exist in many areas.

• Become familiar with federal and state laws regarding special education and the rights of children with disabilities. Numerous resources can provide this information.

Reprinted from National Information Center for Children and Youth with Disabilities (NICHCY) Briefing Paper, Revised Edition, October 1994. 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