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.
How To Choose a Special Education Lawyer - Part 1
By the time you decide to hire a special education attorney, the stakes are high. You are frustrated with the school and worried about your child. Not only can retaining the wrong lawyer waste your time and money, it can permanently damage your child's education. So how do you choose the right law firm?
Summer - A Great Time for an IEP Check-Up
Legal Rights in Early Intervention
Special Education rights begin at birth. From birth until age three, children who qualify for special education services under Part C of the Individuals with Disabilities Education Act (IDEA) receive supports and services through Early Intervention. In Massachusetts, the agency responsible for implementing Early Intervention services is the Massachusetts Department of Health and Human Services.
Back to Basics - What Rights Does My Child Have?
Under IDEA, your child is entitled to:
A "Free Appropriate Public Education" (FAPE) in the "Least Restrictive Environment" (LRE).
An initial eligibility evaluation and thereafter, a yearly reevaluation.
An independent evaluation at public expense if you disagree with the school district's evaluation.
A written individualized education program (IEP).