A: Attention deficit/hyperactivity disorder (ADHD) is a true disability under current federal (Individuals with Disabilities Education Act, 1999) and civil (Rehabilitation Act of 1973, Chapter 15, Section 504) laws. Your child is entitled to certain rights under these laws, and public schools must respect those rights, as long as proof of your child's disability is provided by a health professional.
There are two main categories of assistance. An individual education plan (IEP) is helpful when a specific learning disability has been diagnosed. Although ADHD is a non-specific, pervasive learning disability, up to 40 percent of these children may also have a specific learning disability in reading or math. These children require a plan of instruction that differs from their non-disabled classmates. This plan is outlined in detail in an IEP. The IEP should also include any classroom accommodations tailored to support the child's performance.
Classroom accommodations are the other major form of support. Accommodations refer to any assistance given to the child that will help to level the field between the ADHD child and his non-ADHD peers. The law states that any reasonable request by the parent must be honored by the school. It is important to point out that accommodations are parent-initiated, which means parents must request the accommodations on the basis of their child's ADHD.
Parents should follow this procedure: Write a brief letter to the school principal and psychologist that your child has ADHD, and that you are aware that he is entitled to help in the classroom pursuant to the above laws. Request that your child undergo academic testing to rule out a specific learning disability, including IQ testing. Also request a meeting to discuss classroom accommodations (a "Section 504 plan"). Upon receipt of this request, the school must, in a timely manner, give the parent a "permission to evaluate" letter that describes the testing that will be done. Once this letter is signed and returned to the school, the law dictates that the school must complete testing and evaluation for accommodation within 60 school days.
MONICA L. WEIDENHAMER, M.D., M.S.W.
First Published: August 1, 2007, 12:00 a.m.