Attention-Deficit/Hyperactivity Disorder

Part 5

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What Do I Do If My Child
Is Found Ineligible for Services?

The eligibility of AD/HD children for special education services is an area of great concern to schools, parents, and advocates alike. Every year, NICHCY receives hundreds of telephone calls from parents whose children have been found ineligible for services, despite the fact that they have AD/ HD. Accordingly, this section looks at what the laws have to say about the legal rights of children with AD/ HD to special education.

The primary law under which schools evaluate children for special education, and then provide services to those they find eligible, is called the Individuals with Disabilities Education Act, or IDEA. This law entitles children with disabilities to a free appropriate public education by mandating special education and related services for students who meet eligibility requirements. In order for a student to be eligible, he or she must have a disability according to the criteria established in state or federal law, or be suspected of having such a disability, and that disability must adversely affect his or her educational performance. Thus, a medical diagnosis of AD/ HD alone is not sufficient to render a child eligible for services. Educational performance must be adversely affected.

Presently, the IDEA lists 13 categories of disability under which a child might be found eligible for special education services. Your child must meet the criteria for one of these categories.

In accordance with federal law, each state has to have a state law that entitles students with disabilities to a free appropriate public education. All state special education laws must meet the standards of federal law. Local school districts, then, must follow the state law and its accompanying rules and regulations. Yet many local school districts may not understand their obligation to provide special education to children with AD/HD in cases where the disability adversely affects the student's educational performance.

As a result of the considerable confusion in the field, the l J.S. Department of Education has issued two memoranda intended to clarify state and local responsibility under federal law for addressing the needs of children with AD/HD in the schools. The first memorandum, issued in 1991, states that "children with ADD should be classified as eligible for services under the "other health impaired" category in instances where the ADD is a chronic or acute health problem that results in limited alertness, which adversely affects educational performance" (U.S. Department of Education, 1991, p. 3). Children with AD/HD are also eligible for services under any other category, if they meet the criteria established for those disabilities; for example, "specific learning disabilities."

According to the memorandum, students with AD/HD might also be eligible for services under Section 504 of the Rehabilitation Act of 1973. Section 504 is a civil rights statute prohibiting discrimination on the basis of disability by recipients of federal funds. Under Section 504, a person with a disability means any person with an impairment that "substantially limits one or more major life activities." Because "learning" is included in Section 504's definition of "major life activities," many students with AD/ HD qualify as a person with a disability. Schools are then required under Section 504 to provide them with a "free appropriate public education," which can include regular or special education and related services, depending upon each student's specific needs.

Therefore, if a school district finds a child ineligible for services under the IDEA, there are a number of actions parents can take to have this decision reconsidered. Parents may:

• Ask the school system for information about parent rights and the appropriate procedures for appealing the decision, including mediation and due process. Due process is a right under the IDEA. State and local laws will specify the procedures to be followed, as required by the IDEA.
  
  
• Ask to have their child evaluated under the criteria of Section 504. Many children who have not met eligibility criteria under IDEA do meet those under Section 504.
  
  
• Contact sources of assistance. Each state has a Parent Training and Information Center (PTI) that is an excellent resource of information about state policy, state disability definitions, appeal procedures, and legal requirements of both IDEA and Section 504. Another resource available to parents, particularly those in disagreement with the school system, is the Protection and Advocacy (P&A) Agency within the state, which can provide guidance and assistance. Both of these organizations are listed on the NICHCY State Resource Sheet. Trained advocates with private consulting businesses also exist in many areas.
  
  
• Become familiar with federal and state laws regarding special education and the rights of children with disabilities. Numerous resources can provide this information, including NICHCY's Questions and Answers About the Individuals with Disabilities Education Act (1993).
  
  

How Can I Help My Child Improve Self-Esteem?

Most undiagnosed and untreated children with AD/HD suffer from low self-esteem. Many will also show signs of being mildly depressed. These feelings stem from the child's sense of personal failure. For the child with AD/HD, the world is often an unkind place. Negative feedback in the form of punishment or blame tends to be a constant in this child's life. Early diagnosis and treatment help to stem the feelings of poor self-esteem.

To encourage a good sense of self this child must be helped to recognize personal strengths and to develop them. Using many of the behavior management techniques and intervention strategies described in this document will help. The child's self-esteem will improve when he or she feels competent. These are not children who can't, or won't. They can, and do. it's just that "can" and "do" come harder for them.

Where Can I Find a Parent Support Group?

For those parents, teachers, and children challenged by this disorder, AD/HD can be a truly unique experience. While some days the struggles seem insurmountable, it's important for parents to realize that, when AD/HD is properly managed, these children and youth can and do turn their liabilities into assets.

Until such time, help and hope are available. AD/HD parent support groups exist in every state. For information about a group in your area, contact CH.A.D.D. (Children and Adults with Attention Deficit Disorders) at 499 NW 70th Avenue, Suite 109, Plantation, FL 33317, Telephone: (305) 587-3700. If there is no parent support group in your area, the CH.A.D.D. staff can give you guidance in how to start a group. In addition, CH.A.D.D. Offers many publications, including CH.A.D.D.er Box and Attention!

Ways to Improve Life in General
and the Self-Esteem of Children with AD/HD

Become Proactive. Knowledge is power. Gain knowledge about the disability so you understand why and how ADD affects the child at home, in school, in social situations, and the entire family system.

Change Your Belief System. Before the child can change his or her self-concept, the adults in the child's life have to change the way they view the child. Separate the child from the behavior, and then separate the child from the disability. These are not ADD children. They are children with ADD.

Act, Don't React. Emotional responses such as blame and anger will diminish when you stop, look, listen, and then respond. In other words, count to ten.

Nurture Yourself. Take time alone with your spouse, develop an interest or hobby, establish a regular exercise program; be good to yourself.

Catch The Chid Being Good. Give your child lots of praise, encouragement, recognition, and positive attention. Reward the child for meeting expectations. Use punishment sparingly, and never ridicule the child.

Develop The Child's Sense of Competence and Responsibility.

• Identify the child's strengths and weaknesses.
  
  
• Develop realistic expectations of the child.
  
  
• Play to the child's strengths by building opportunities for success in the environment. Remember, you may have to structure situations carefully to make success achievable.
  
  
  • Assign special jobs (feeding the family pet, mowing the lawn, decorating the house for holidays).
    
    
  • Cultivate the child's special interests (help start a card or doll collection, take trips to museums).
    
    
  • Enroll the child in extracurricular activities (sports, performing arts). Finding an activity best suited to your child may require trial and error. Encourage the child by attending practices and performances.
    
    
  • Play with your child. Let the child choose and direct the game or activity and, if not too obvious, let the child win.
    
    

"I think I can. I think I can," said the little red engine. And he could.

Author's Final Note

This Briefing Paper is intended to serve as a guide and introduction to AD/HD only. Due to space restrictions, much valuable and explanatory information has reluctantly been omitted. Yet such information is essential for developing a full understanding of this disorder. You can find in-depth discussions and practical "how-to" suggestions in either of my books, along with information that will help you understand and address the many issues associated with having, or working with, a child with AD/ HD. I encourage you to read further on the subject and to consult the materials and resources listed in the bibliography on the next pages.

About the Author...

Mary Fowler, author, advocate, educator, and parent of a child with AD/HD, is one of the country's leading authorities on the subject. The New York Times calls her book Maybe You Know My Kid a well-researched, empathetic, no-nonsense guide to recognizing, understanding, and helping children with AD/HD, and her Educators Manual is used by schools nationwide.

Through lectures and in-service presentations delivered to audiences nationally and internationally, Ms. Fowler brings parents and educators informed and practical approaches to AD/HD. Until recently, Ms. Fowler served as National Vice-President of Government Affairs for CH.A.D.D. (Children and Adults with Attention Deficit Disorders), where she actively worked on legislative and policy issues regarding the education of children with AD/HD. She now serves on CH.A.D.D.'s Professional Advisory Board. Ms. Fowler lives and teaches in Fair Haven, New Jersey.

NICHCY would like to express its deep appreciation to Ms. Fowler for the time, energy, and expertise she devoted to the authoring of this Briefing Paper.