The Law Office of Lillian E. Wong
A Massachusetts Special Education Attorney

 
 
Picture
The CDC recently released a report entitled Attention Deficit Hyperactivity Disorder Among Children Aged 5–17 Years in the United States, 1998–2009.  The study finds that ADHD currently affects 9% of children in the US, an increase from 7% in 1998.

Does this mean more children with ADHD are on IEPs?
Not necessarily.  Just because a child has been diagnosed with ADHD doesn't mean he or she qualifies for special education (and an IEP). 

In order to qualify for an IEP, your child must need special education supports and services.  Even though ADHD is not specific disabling conditions under the Individuals with Disabilities Education Act (IDEA), a child with ADHD can be found eligible for special education under “Other Health Impairment” category.  The Federal Regulations specifically include ADD and ADHD in their definition of Other Heath Impairment.  Alternatively, a child with ADHD might be found eligible for special education under the “emotional disturbance” (ED) or “specific learning disability” (SLD) classifications.

What if a child is found ineligible for an IEP?
If a child who has ADD/ADHD is found ineligible under the IDEA, she might still be eligible for support under Section 504 of the ADA.  In order to establish 504 eligibility, you must show that ADHD interferes with a "major life activity."  Section 504 eligibility is often established by showing ADHD interferes with the major life activity of learning.

Learn more about the difference between an IEP and 504 plan here.

If you believe your child needs an IEP or a 504 plan and your school district disagrees, contact  Boston area special education attorney Lillian E. Wong for help.

Add Comment
 
 
Picture
This is the third part of an eight-part series, "Top Flaws of IEP/504s and What You can Do About Them"

The Problem
My expert thinks my child needs a certain accommodations and services, but the school disagrees.  Isn't the expert more qualified than the school?


What You Can Do
Just because the expert has more experiences or qualifications than school officials, doesn't mean that the expert's recommendations must be followed.  The law doesn't require the school to implement expert recommendations, but the IEP/504 team must "consider" them.  How can you turn consideration into implementation?  Provide the team with the expert's report ahead of time.    This allows everyone to read the recommendations before the meeting.  If at all possible, have the expert attend the IEP/504 meeting.  If actual attendance won't work, request that the expert participate by phone.   Either way, it is essential to allow experts to explain their recommendations to the team and to answer any questions the team might have.

If you need help advocating for your child's educational rights contact Boston area special education lawyer Lillian E. Wong today.
Add Comment
 
 
Picture
This is the first part of an eight-part series, "Top Flaws of IEP/504s and What You can Do About Them"


The Problem
I don't see the point of attending IEP/504 meetings.  I barely get a chance to talk and when I do, I'm ignored. How can I get the school to listen to me?


What You Can Do
Always remember that as a parent you are an essential member of your child's IEP/504 team.  While the school is not required to implement every request you have, they are required to listen and consider your input.  One of the best ways to become an active member of the team is to ask questions.  After you ask a question, listen and analyze the answer.  Ask follow-up questions.  If you are nervous about talking in the meeting, type up your concerns an ahead of time and distribute the document at the start of the meeting.   If after the meeting you still feel ignored, send the team a follow-up letter documenting any remaining requests, questions, or suggestions.  

If you need a special education advocate in Massachusetts, contact Boston area attorney Lillian E. Wong today.

Add Comment
 
 
Picture
This question was originally posted on www.avvo.com

Question:

My daughter is in public school and is a diabetic.  At the moment, the school nurse is insisting, and has had added to my daughter's health plan that a parent is required to escort her on all field trips. I thought the public school is supposed to make reasonable accommodations for persons with disability. So what if we can't go? Isn't discrimination if they leave her behind? I have every intention of hashing this out with them, however I'm just weighing my options in case they won't budge.

My Answer:

Yes, it does sound like the school in violation of Section 504 of the American's with Disabilities Act (ADA). It is discrimination to preclude an otherwise qualified individual with a disability the opportunity to participate in or benefit from an aid, benefit, or service that is not equal to that afforded others. 34 CFR 104.4 (b)(1)(ii).

I would recommend speaking contacting a special education attorney. You can find a list of special education lawyers in your area at www.copaa.org.

Add Comment
 
 
Picture
Just because your child has been diagnosed with ADD or ADHD doesn't mean that he or she is not automatically eligible for special education.  This article explains the eligibility criteria under the Individuals with Disabilities Act (IDEA) and Section 504 of the ADA.  

Eligibility Under IDEA
In order to qualify under IDEA, your child must need special education.  For example, your child may need special education because ADD/ADHD makes her unable to pay attention in class.  Another indicator that your child might need special education supports and related services is if your child's ADD/ADHD causes him to act impulsively towards other students, straining social relations and resulting in school discipline.

Even though ADD/ADHD is not specific disabling conditions under IDEA, a child with ADD/ADHD is usually found eligible for special education under “Other Health Impairment” category.  The Federal Regulations specifically include ADD and ADHD in their definition of Other Heath Impairment.  Alternatively, a child with ADD/ADHD might also be found eligible for special education under the “emotional disturbance” (ED) or “specific learning disability” (SLD) classifications.

Eligibility Under Section 504

If a child who has ADD/ADHD is found ineligible under the IDEA, she might still be eligible for support under Section 504 of the ADA.  In order to establish 504 eligibility, you must show that ADD/ADHD interferes with a "major life activity."  Section 504 eligibility is often established by showing ADD/ADHD interferes with the major life activity of learning.

Read More:

Find out more about special education eligibility in Massachusetts here.

To learn more about the difference between a IEP and a 504 plan click here.

To read a parent Q & A about ADD/ADHD and special education click here.
Add Comment
 
 
Picture
The main difference is that parents have fewer rights and schools have fewer legal obligations under Section 504.  For example, IEP plans have to be in writing.  504 plans do not.  IEP requires that school's take reasonable efforts to ensure parental participation, including inviting parents to IEP meetings.  Section 504 does not require notice of meetings.   IDEA requires parental notice before a change of placement.  Section 504 does not.   Children with 504 Plans can be permanently expelled for behavior that is not a manifestation of their disability.  Children with IEP plans can be removed from school for behavior that is not a manifestation of their disability, but the school is still required to provide a free appropriate education.

How can I get my child off a 504 and on an IEP plan?

Schools must provide a child with an IEP if the child's disability makes special education and related services necessary.  If your school refuses to provide your child with an IEP, you should contact a special education attorney. 

Add Comment