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Attention Deficit Disorder

The School System: Know Your Rights

By Gwen Morrison

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Section 504 of the Rehabilitation Act of 1973 also protects children with ADHD if the child is determined by the school team to meet the following criteria: The child has a physical or mental impairment that substantially limits one or more major life activities, says Rief. "If the team makes that determination that the ADHD symptoms/behaviors are substantially limiting a child's ability to learn, that student is entitled to a 504 accommodation plan."

According to Rief, a 504 plan enables qualified students to receive "reasonable accommodations" and supports.

There are some important things that parents need to keep in mind when applying for an IEP. The process is very involved for the child, parent and faculty. This was outlined in the handbook that is distributed by the National Alliance for the Mentally Ill (NAMI) at a class they offer for families titled Visions for Tomorrow:

  • An IEP must be in effect at the beginning of the school year and before special education services are provided.
  • The IEP must be implemented in a timely fashion after the initial IEP meeting.
  • Parents must receive a copy of the IEP, including all relevant IEP Placement Minutes, and psychological evaluations.
  • After the student has been deemed eligible for an IEP, the meeting must be conducted within 30 days of said determination.
  • At least one teacher must attend the meeting.
  • You may bring along a support person, such as a family member or counselor.
  • A local school system representative (LSS) must be present at the meeting one who has the authority to commit LSS resources (i.e. principal, speech pathologist, teacher or special education administrator).

As a parent involved in the IEP process, your role is to be an equal partner with the school personnel in making any decisions regarding the development and necessary revisions of the IEP for your child. All individuals at the meeting are there to determine the needs of the child through the information collected from all those involved in his care.

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