|
1) Is there a simple test to
diagnose ADHD?
Unfortunately, there is no
simple test (like a blood test or a short written test) to determine whether
someone has ADHD. This is true of many medical conditions (for example, there is
no "test" for a simple headache, yet anyone who has had a headache knows it's
real!).
Accurate diagnosis is made only
by a trained clinician after an extensive evaluation. This evaluation should
include ruling out other possible causes for the symptoms involved, a thorough
physical examination, and a series of interviews with the individual (child or
adult) and other key persons in the individual's life (for example, parents,
spouse, teachers, and others).
2) What
is Section 504?
"Section 504" refers to the
section of the Rehabilitation Act of 1973 which guarantees certain rights to
individuals with disabilities, including ADHD. This federal law states that no
person "... shall, solely by reason of her or his disability, be excluded from
the participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal financial
assistance" (Sec. 504.(a)).
3) I'm
an adult. Doesn't ADD only affect children?
No. Although it is most often
diagnosed in children, ADHD is a lifespan disorder that affects individuals at
all ages. Although there are limited data on the prevalence of ADHD in adults,
it is currently believed that the condition is found in 2-4% of the adult
population.
4) My
child has been diagnosed with ADHD. Isn't he automatically qualified for
Section 504 services?
No. Although a formal diagnosis
is a good first step, it does not automatically mean your child
will qualify for accommodations under Section 504. Eligibility for Section 504
is based on the existence of an identified physical or mental impairment that substantially limits a major life activity. The diagnosis of ADHD is
not enough; his ADHD must significantly impact his learning or behavior.
5) What
is FAPE under IDEA?
FAPE or Free Appropriate Public
Education is the provision of special education and services at public expense
in accordance with an IEP designed to help the child receive educational benefit.
6) The
school says my child needs Ritalin. Where do I get it?
School personnel do not have
the medical training necessary to tell parents to place their children on
medication. We believe that it is inappropriate for individual professionals to
offer advice outside their field of training, expertise, or licensing. While
teachers and other school personnel play a critical role in identifying
potential education problems, they are not qualified either to diagnose a
medical condition or suggest specific treatments for addressing that medical
condition.
In general, only a physician
(M.D. or D.O.) who is properly licensed may prescribe medications used to treat
ADHD (prescribing privileges are regulated by state law for other professions,
including nurse practitioners, physician assistants, and, in one state, Ph.D.
psychologists). Because ADHD is a medical condition, it should be diagnosed by a
pediatrician, neurologist, psychiatrist, psychologist, clinical social worker,
or other properly licensed mental health provider who has experience evaluating
and treating individuals with ADHD. Because some symptoms of ADHD may be
symptoms of other conditions, it is essential that you consult a trained
professional and obtain a thorough evaluation and formal diagnosis for your
child before beginning any particular course of treatment.
7) If I
request an evaluation does the school have to do it?
No. The school is only
obligated to evaluate a child if they feel there is a substantial impact on the
child's learning or behavior. If the school chooses not to evaluate, then they
must supply a written response explaining why they refused to evaluate.
8) The
school says my child has ADHD. Now what?
ADHD is a medical condition and
the educational staff of a school are not qualified to diagnose ADHD. If you
believe your child may have symptoms of ADHD, then you should consult with your
family doctor, your child's pediatrician, or other licensed medical/mental
health professional who is trained in the diagnosis and treatment of ADHD.
Teachers and other school
personnel can play an important role by evaluating your child's learning ability
and determine educational deficits. This information should be part of the
comprehensive evaluation done by the medical/mental health professional.
9) My
child gets all As and Bs in school. Can she still get accommodations?
Yes. Academic performance in
and of itself is not enough to determine eligibility for services one way or
another. According to the U.S. Dept. of Education's Office of Civil Rights, if
the protections of §504 are to have any meaning for a qualified handicapped
person of superior intelligence, then the student must be entitled to
implementation of a Section 504 Accommodation Plan which allows him to achieve
educational success reasonably commensurate with his ability, (cf. 27 IDLER
858).
10) If
my child has an IEP or gets special education, does she have to be in a
different classroom?
No. If your child has an
Individualized Education Plan (IEP) or is receiving special education services,
it does NOT automatically mean she will be placed in a special education
classroom. IDEA has a Least Restrictive Environment (LRE) clause, which states
that children should be educated in the least restrictive environment that is
still sufficient to meet their academic needs. Therefore if your child can learn
in a regular education classroom then that is where the law says she should be
placed.
11) What
is the difference between Section 504 and IDEA?
Section 504 and IDEA have many
differences, perhaps the most significant lies in that Section 504 is designed
to level the playing field, primarily by eliminating barriers that exclude
individuals with disabilities where as IDEA is an education benefit law, often
offering additional services and protections for those with disabilities that
are not offered to those without disabilities.
Another important distinction
is eligibility requirements and educational benefit. The definition of a
disability is much broader under Section 504 than it is under IDEA. All IDEA
students are covered by Section 504, where as not all Section 504 students are
protected under IDEA. Section 504 covers all IDEA students, but IDEA does NOT
cover all Section 504 students. An IEP must be tailored to the child’s unique
needs and result in educational benefit. Whereas Section 504 provides
accommodations based on the child’s disability and resulting weaknesses, but
does not guarantee academic improvement.
Additionally, fewer procedural
safeguards are offered to children and parents under Section 504 than under
IDEA.
12) What
is LRE?
LRE, or Least Restrictive
Environment, is a term used to mandate that students with disabilities are
placed in special classes, separate schools or positions other than regular
education classrooms only when the nature or severity of the disability is
such that even with aids and services education can not be achieved. The
placement must also allow the disabled student to be with non-disabled peers to
the greatest extent possible.
13) My child has ADHD but doesn't qualify for an IEP. Can he still qualify under Section 504?
Maybe. A child who was denied coverage under IDEA may qualify for coverage under Section 504. The key is whether or not the student's AD/HD substantially impacts a major life activity.
14) What
is FAPE under 504?
FAPE, the acronym for Free
Appropriate Public Education, is the provision of regular or special
education or aids and services designed to meet the educational needs of
individuals with disabilities to the same extent that needs of non-disabled
individuals are met.
15) Does
my child need to be physically disabled to get services?
No. Children with mental
disabilities or impairments may be eligible for services under both the
Individuals with Disabilities Education Act (IDEA) or Section 504.
16) Are
Charter Schools required to follow IDEA?
Yes, federal law requires any school receiving public dollars to provide students with disabilities educational choices comparable to those offered to non-disabled students. Charter schools can not discriminate against students with disabilities.
If you would like to set
up an appointment, please fill out our
appointment request form and you will be contacted shortly, or call our
office at 713-523-0058.
|
