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In my advocacy work, I've found that one of the biggest roadblocks to an
ADHD child's education is lack of public awareness about the special needs of
the child. The general public continues to find it difficult to believe that
behaviors could result from an incompetency rather than from
noncompliance. After all, so many of these children are so bright!
Nowhere is your ADHD child at greater risk than in the classroom, where he
or she may be viewed as simply irresponsible or lazy. You as a parent must be
alert to such vocal signals and be ready to intervene and sort out with school
administrators whether symptoms are indeed a result of ADHD and/or other
disabilities.
If your child's behavior continues to be seen as a "noncompliance
problem", it can result in an inappropriate referral to the juvenile
justice system. Once in the system, the child isn't afforded the rights that
protect adults. However, safeguards can be installed that will protect a
student from inappropriate, reactive responses.
Looking Out For Your Child
Advocating for your child with ADHD involves not only a good grasp of the
disability, but also a basic understanding of effective advocacy tools and
techniques. It's also essential to learn the basic protections afforded your
ADHD child under the law. While not all children with ADHD necessarily qualify
for services, they're all protected under the 504 Rehabilitation Act. This law prevents
discrimination against a person with a disability, when a disability impacts
one of life's major activities, one of which is learning. This law basically
says that any child with a disability shall have accesst o any activity in
which nondisabled peers participate in. When your child has a disability that
requires special intervention with special education services then your child
would also be covered by the Individuals with Disabilities Education Act, known as
IDEA, which we'll address later in more detail.
The internet is a wonderful resource to discover what the law really says
and what it means for your child. In particular, Pete and Pam Wright, at
Wrightslaw, have
extensive help for parents in the areas of law and advocacy. There are also
many other fine links on my Resource Links Page. We will also be discussing in
depth the new protections for our children written into the reauthorized
special education law, IDEA. Finally, the law is not ambiguous in regard
to ADHD. We will talk about the law, but then we will have "the rest of
the story".
You should also be able to obtain a copy of your state's regulations, which,
at the minimum, must meet federal regulations. There are plenty of websites
that will give you a good grasp of special education law, as well as other
pertinent information. However, I'm not a lawyer and do not dispense legal
advice. For legal advice, you'll need to shop for a lawyer who is well versed
in special education law. No matter what path you take you will
need many of the tools of documentation that we shall discuss.
What I Know
I am happy to share all the advocacy techniques I've assembled through trial
and error, and which have proven successful. It truly takes a real team effort
to help a child struggling with ADHD. Effective communication is an absolute
must. All team members must be on the same wavelength. Parents must make
every effort to help build that team effort. They should also know what they
must do if that effort is not forthcoming.
Always keep in mind that the spirit of the law is just as important as the
letter of the law, and your child is entitled to a free, appropriate, public
education. Every child is special. Every child has unique gifts and talents.
Every child is entitled to reach his or her full potential. You, as the parent,
are to be regarded as the expert on your child. You should be treated as
a valued member of the education team.
Here are some of the terms you'll need to understand
to be a better advocate for your child. You also must start keeping excellent
documentation of everything that transpires.
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