NLDline
Subj: THE SPECIAL ED ADVOCATE, MAY
24, 1999 (VOL. 2, NO. 11)
Date: 5/24/99 2:47:31 PM Pacific Daylight Time
From: webmaster@wrightslaw.com
Sender: owner-special-ed-advocate@wrightslaw.com
To: special-ed-advocate@wrightslaw.com
===============
The Special Ed Advocate
The Online Newsletter About
Special Education and the Law
May 24, 1999 Vol. II, No. 11
Visit us today at:
http://www.wrightslaw.com
===================
The Special Ed Advocate is a free online newsletter about special education legal issues,
cases, tactics and strategy, effective educational methods, and Internet links.
We publish this newsletter occasionally, when time permits. Back issues of The Special Ed
Advocate are archived at our web site -
http://www.wrightslaw.com
As a subscriber to The Special Ed Advocate, you will receive announcements and
"alerts" about new cases and other events. Contact, copyright, and subscription
information can be found at the end of this newsletter.
For the html version of this newsletter, go to
http://www.wrightslaw.com/advoc/nwltr/1999/nl_99_0524.html
This newsletter is never sent unsolicited. You received the newsletter because you
subscribed to The Special Ed Advocate.
If your email address changes, please unsubscribe your old email address and subscribe
your new email address. Directions about how to subscribe and unsubscribe are at the end
of this newsletter.
========================
Subscribers and visitors to Wrightslaw.com know that we are unable to answer specific
factual or legal questions. When time permits, we try to answer general questions. If one
person asks a question, we know that others have similar questions.
Over the past several weeks, we have received many e mails with questions about
educational rights of children with ADD/ADHD.
In this issue of The Special Ed Advocate newsletter,
we share some of these questions and answers with you.
===================
1. QUESTION OF THE WEEK: ARE CHILDREN WITH ADD/ADHD ELIGIBLE FOR SPECIAL
EDUCATION SERVICES? SECTION 504 PROTECTIONS?
2. ADD/ADHD CHILD SUSPENDED AGAIN
3. JOINT MEMORANDUM FROM OSEP ABOUT EDUCATING KIDS WITH ADD/ADHD
4. ADVOCACY TIP: HOW TO USE A "PARENT IEP ATTACHMENT"
5. EDITOR'S CHOICE: TAMING THE TIGER; ADD: A DIFFERENT PERCEPTION
6. NEWS FLASH!
* NEWS FROM FLORIDA: SPECIAL ED KIDS' TEST RESULTS OMITTED; BROWARD
MAINSTREAMS SPECIAL ED KIDS *
* NEWS FROM KENTUCKY LEGISLATORS GET EDUCATED *
* NEWS FROM MINNESOTA: MINNEAPOLIS MUST RETURN 7 MILLION $$ *
7. SUBSCRIPTION INFORMATION
8. CONTACT INFORMATION
===================
1. QUESTION OF THE WEEK: ARE CHILDREN WITH ADD/ADHD ELIGIBLE FOR SPECIAL
EDUCATION UNDER IDEA? SECTION 504?
Connie asks:
I am wondering if students with ADHD have rights under Section 504? My son was diagnosed
and has received treatment for ADHD since he was 4. He is now 11.
He is having behavior problems. When I asked for help from the school, I was told that he
is not covered under Section 504. Is this true?
ANSWER: No.
ADHD children may be eligible for special education and related services under IDEA (the
special education law). As a child with a disability, the ADD/ADHD child is also entitled
to protections under Section 504 of the Rehabilitation Act.
There are important differences between these two laws. If a child is eligible for special
education services under IDEA, the child automatically receives Section 504 protections.
Section 504 bars discrimination against the child on the basis of his handicap. Section
504 does not provide for a special education from which the child benefits.
For more about educational services and children with ADD/ADHD, read the Joint Memorandum
from the U. S. Department of Education (see #3 below).
=================
2. HELP!! MY ADD/ADHD CHILD WAS SUSPENDED AGAIN!
Maryland Mom writes:
My child has severe ADHD. Although he takes Ritalin, he often acts out impulsively or
aggressively. At IEP meetings, the teachers bring this up as a concern. I have suggested
ways to work with my son, but my suggestions have been ignored. Instead, when he acts up,
they call me to come and get him from school.
My son has been suspended several times. He was suspended again for 10 days after an
incident on the playground. The other child was not suspended. My son's self-esteem is at
an all time low. He is 7 years old.
Great educational system we have. As I talk to other parents of ADHD kids, I have learned
that we are in the same boat, fighting with the local school system.
I am looking for resources, information - anything that may help my son and others like
him.
With this most recent incident I have reached critical mass with the school system. I am a
single mother and my son's only advocate. I need information so I can help my son get an
education and become a productive human being.
*********
Dear Maryland Mom:
You cannot win this war alone. First, go to the Wrightslaw site and read
http://www.wrightslaw.com/advoc/articles/Crisis.html
You must learn to use your emotions, not allow them to control you -
http://www.wrightslaw.com/advoc/articles/Emotions.html
You need to have a private sector expert evaluate your son and make recommendations about
what the child needs educationally. Do not use the four letter word "BEST." Ask
other parents about evaluators in your area or call your local ChADD chapter for
recommendations.
As a Mom, the school will give you no credit for understanding how to deal with your son's
problems. You may even be blamed for his problems. Why?
For the answer to this question, go to
http://www.wrightslaw.com/advoc/articles/ALESSI1.html
You need to learn how to present your son's case so the decision-makers in your school
system want to right the wrong. For starters, read
http://www.wrightslaw.com/advoc/articles/DRAFT_Letters.html
Get the book HOW TO ARGUE AND WIN EVERY TIME by Gerry Spence. Read chapters 8 and 9.
You should be able to get HOW TO ARGUE AND WIN from your local bookstore or public
library.
You can also order HOW TO ARGUE AND WIN from our Advocacy Bookstore.
http://www.wrightslaw.com/bkstore/bks_negotiate.htm
Browse the Wrightslaw site. Read the letters and newsletters.
Let us know how things go. Good luck!
=================
3. JOINT MEMORANDUM FROM OSEP ABOUT EDUCATING KIDS WITH ADD/ADHD
The laws about educating children with disabilities are confusing to most parents and
educators. We receive many messages from parnts who have been told that their ADD/ADHD
child is not entitled to special education services.
In 1991, the U. S. Department of Education issued a Joint Memorandum about special
education services to children with ADD/ADHD.
This Memorandum advised school districts that children with ADD/ADHD are eligible for
special education services under “other health impairment,” “specific
learning disability,” or “serious emotional disturbance.”
The Memorandum clarifies that children with ADD/ADHD who do NOT need special education or
related services are covered by Section 504 if the child's symptoms "substantially
limit a major life activity, such as learning."
Under Section 504, school districts must provide regular education or special education
programs, including modifications and supplementary aids and services, to children with
ADD/ADHD. These services must be based on the child's individual needs.
To get a copy of the OSEP Memorandum about educational services for children with ADD/ADHD
go to
http://www.wrightslaw.com/law/code_regs/OSEP_Memorandum_ADD_1991.html
Copy the Memorandum to your computer's hard drive. Print it. When you read the Memorandum,
use a highlighter to note portions that may apply to your situation.
WARNING: Don't assume that the school people gave you bad advice intentionally. Many
educators and school employees are confused too. We receive messages every day from school
employees who ask what the laws say about educating children with various disabilities.
COMING SOON: WRIGHTSLAW: SPECIAL EDUCATION LAW!
WRIGHTSLAW: SPECIAL EDUCATION LAW includes the full text of the special education laws and
regulations.
====================
4. ADVOCACY TIP: HOW TO USE A "PARENT IEP ATTACHMENT"
Judy writes:
I continue to be one big fan of your site. As a volunteer advocate, your site is the first
one I refer parents to. I was delighted to see permission granted to reprint your articles
so I may pass them on to parents who do not have access to the internet.
I'd like to tell you about a recent development. I have had great difficulty getting
districts to take parent attachments seriously. Recently, I was told that the
district could not attach such a document to the IEP.
I turned to Prior Notice in the Procedural Safeguards section of the statute. Prior Notice
specifies that suggestions put on the table must be accepted or rejected, and the IEP team
must list the reasons for accepting or rejecting the proposal. I saw this done one time by
a
district in another community and it was very successful.
I devised a very simple form with four columns: a column for Proposal, a column for
Accepted, a column for Rejected, and a column for "Reason Accepted or Rejected."
If a request is "Accepted," a notation may be added stating who is in charge of
initiating the proposal and a starting date.
The parent sees to it that the IEP team formulates the reason for accepting or rejecting
each proposal.
After doing this in a couple of meetings, the district actually suggested using my form to
keep track of proposals and their disposition. I was so proud of them! They are in
compliance. And parents have definitive yes or no answers, and reasons are given for these
decisions.
Using this form (even an unofficial form designed by a parent) has eliminated worries
about inactivity and worries that someone will drop the ball, sidestep a request, or
forget. The IEP team members know what issues have been resolved and what issues have not
been decided. Issues that must be tabled for further investigation have a name attached
and a date for an answer.
I don't think parents realize what a powerful tool this can be for them. If parents can
use this system to make the IEP process work for their child, the IEP process may become a
little more "parent friendly." Again, thanks for being such a powerful resource
for parents and
professionals alike.
Great idea Judy!
To print this Advocacy Tip, go to:
http://www.wrightslaw.com/advoc/ltrs/ltr_fr_Judy_IEP_Attachment_9905.html
=====================
5. EDITOR'S CHOICE:
* * * TEACHING THE TIGER * * *
Teaching the Tiger : A Handbook for Individuals Involved in the Education of Students With
Attention Deficit Disorders, Tourette Syndrome or Obsessive Compulsive Disorder by Marilyn
P. Dornbush and Sheryl K. Pruitt
"The best practical reference book for educators who work with students with Tourette
Syndrome, Attention Deficit Disorder, and/or Obsessive Compulsive Disorder" says one
reviewer.
"The authors do an excellent job of explaining how these disorders affect emotions,
thought processes, and overt behavior . . . educational techniques are practical, everyday
useful interventions."
"It's definitely not just for the special educator - counselors, social
workers, school psychologists, classroom teachers, and paraprofessionals will find it a
useful resource."
For information about Teaching the Tiger, go to
http://www.wrightslaw.com/bkstore/bks_educate.htm
* * * ADD: A DIFFERENT PERCEPTION * * *
In ADD: A Different Perception (revised), Thom Hartmann tells about successful, creative,
and dynamic individuals throughout history who were undoubtedly affected by ADD.
"Innovative and fresh . . . Rather than portraying the syndrome as a crippling
disease, Thom Hartmann demonstrates that ADD can be associated with creativity, high
achievement, and a most successful adaptive style." (Edward Hallowell, MD and John
Ratey, MD, authors of Driven to Distraction)
http://www.wrightslaw.com/bkstore/bks_parents.htm
=================
6. NEWS FLASH!
* NEWS FROM FLORIDA: SPECIAL ED KIDS OMITTED FROM STATE RESULTS; TEST
SCORES DISTORTED
"Florida's practice of excluding the test scores of special education students when
computing statewide averages omits about 10 percent of all test takers, and some say that
gives a distorted picture of child achievement levels."
"Special education students take the tests, but only results from average and gifted
schoolchildren are released in news conferences and press releases."
"Florida launched a new accountability program this year that relies on standardized
test scores to assess a school's grade. Over time, a school that gets an F could lose
students -- and thus, state money -- to a government-funded voucher program."
To read the complete article, go to the Miami Herald site at
http://www.herald.com/content/today/news/florida/digdocs/020910.htm
***********
* MORE NEWS FROM FLORIDA: BROWARD MAINSTREAMS SPECIAL ED KIDS
"Enrollment at Broward's three schools for disabled children will plunge about 22
percent this fall, the result of a deal with federal civil rights officials to assign more
special-education students to regular schools."
"The decision to move an unprecedented number of students from the special centers to
regular schools is setting off panic alarms among some parents and School Board members,
who say the district is going overboard. They fear the quality of the centers will decline
and that the special-education kids thrust into regular schools will receive short
shrift."
"The U.S. Office of Civil Rights told the school district last year that it was
violating a law that requires educators to place disabled students in mainstream settings
whenever possible."
"Under the threat of losing federal dollars, Broward school officials this spring
reevaluated the children at the special centers to see who might succeed in a less
isolated environment. "
To read this article, go to the Miami Herald site at
http://www.herald.com/content/today/news/broward/digdocs/037517.htm
****************
* NEWS FROM KENTUCKY: LEGISLATORS LEARN ABOUT THE IMPORTANCE OF EARLY
CHILDHOOD EDUCATION
"Children who are spoken to a lot have a vocabulary of 800 words by the time they're
2. Those who are rarely spoken to have about a 100-word vocabulary."
"The number of children in special education can be reduced by up to 75 percent if
they get some education before age 3."
"Those were a few of the statistics thrown at legislators yesterday by Craig Ramey, a
national expert in early childhood education."
"Ramey, director of the Civitan International Research Center at the University of
Alabama, was brought in, along with Frank Newman, president of the Education Commission of
the States in Denver, to educate members of the legislature's Health and Welfare and
Education committees on the benefits of early childhood education programs.?
To read this article, "Panels hear lesson in early education" by Monica
Richardson of the Herald-Leader go to
http://www.kentuckyconnect.com/heraldleader/news/052099/statedocs/20Early.htm
************
* NEWS FROM MINNESOTA: UNSAFE CONDITIONS IN MINNEAPOLIS SPECIAL ED
PROGRAMS *
"State examiners found "serious compliance problems" last year among the
special education programs in Minneapolis schools -- faults that are forcing the district
to repay millions in special education money and fix troubling, unsafe physical conditions
in some of its school buildings.
The district is quietly repaying more than $7 million in state and federal money it
received for special needs students, but should not have had, between 1995 and 1998. The
programs suffered from a lack of oversight that spawned a wide range of problems.
To read "District forced to return $7 million in aid funds" by Rick Linsk and
Paul Tosto, go to the Pioneer Planet site at
http://www.pioneerplanet.com/news/mtc_docs/023291.htm
=================
7. SUBSCRIPTION INFORMATION
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subscribe special-ed-advocate
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To unsubscribe to The Special Ed Advocate, send an email to
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In the beginning of your message, insert the following words exactly, with the hyphens,
all lowercase
unsubscribe special-ed-advocate
===========
8. CONTACT INFORMATION
Pete and Pam Wright
c/o The Special Ed Advocate
P. O. Box 1008
Deltaville, VA 23043
Phone: 804-257-0857
Website: http://www.wrightslaw.com
Email: webmaster@wrightslaw.com
The resources at this website are copyrighted by the authors. They may be used for
non-commercial purposes only. They may not be redistributed for commercial purposes
without the express written consent of Peter W. D. Wright.
It is not necessary to obtain our consent to link to our website or copy, print and
distribute our articles and newsletters for nonprofit purposes so long as the material is
reproduced in its entirety and credit is given to Pete and Pam Wright and
"wrightslaw" including the
URL -
http://www.wrightslaw.com
Copyright 1999, Peter W. D. Wright and Pamela Darr Wright. All rights
reserved.
END