There are many truly dedicated teachers, principals, school counselors and other school district
representatives and officials -- I know, I've met some of them. But there are some that have been
misinformed, haven't been properly trained to recognize problems, and/or may be under pressure from
"management" to look the other way when they suspect a child needs to be referred for evaluation. When
your child's not getting the help s/he needs in school, what's a parent to do? Educate yourself, make a
plan, then implement it.
In my opinion, there are several reasons children do not receive the attention at school to which they are
entitled -- some of which are listed above. Unfortunately, many times it is solely a question of school
district budget, i. e., money. Somebody's child will be sacrificed. Will it be yours?
Disclaimer: The information and direction to web sites contained herein is educational and not intended tobe legal or medical advice. The information is not a substitute for discussion between patients and their
doctors nor clients and their attorneys. References to all information and opinions should not be
considered an endorsement. You are hereby advised to fully investigate all options in order to determine a
course of action or treatment that may be most appropriate for a specific situation and/or individual.
Copyright 2001- 2008 Alisha Leigh. Use of the material contained herein is unrestricted as long as it is
used for educational purposes and I am notified by e-mail of link usage. I would very much like to know
how this information is being used. Reciprocal linkage to your site is requested.
Updated 08-12-2008
representatives and officials -- I know, I've met some of them. But there are some that have been
misinformed, haven't been properly trained to recognize problems, and/or may be under pressure from
"management" to look the other way when they suspect a child needs to be referred for evaluation. When
your child's not getting the help s/he needs in school, what's a parent to do? Educate yourself, make a
plan, then implement it.
In my opinion, there are several reasons children do not receive the attention at school to which they are
entitled -- some of which are listed above. Unfortunately, many times it is solely a question of school
district budget, i. e., money. Somebody's child will be sacrificed. Will it be yours?
 | Children in the United States with disabilities are entitled to a Free and Appropriate Education. It’s | |
| Federal Law and State Law. |
| Keep in mind when reading this website (ADHD) or any other website pertinent to a specific | |
| disability or disorder (learning disorder, bipolar disorder, depression, pervasive development disorder, etc.), the law applies equally. |
| Click here to familiarize yourself with Federal Laws. |
| One purpose of IDEA is "to ensure that all children with disabilities have available to them a [FAPE] | |
| that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living." 20 U.S.C. 1400(d)(1) (A). States receiving federal funds under the IDEA are to provide a FAPE "to all children with disabilities residing in the State between the ages of 3 and 21." 1412(a)(1)(A).[emphasis added] |
| An Individual Education Plan (IEP) is not a cookie-cutter document. It is not the action of | |
| transferring a student from one pre-designed education curriculum to another. An "appropriate" IEP has been defined by the United States Supreme Court as one that is "individualized," "tailored," "personalized," and "specially designed" to meet the "unique needs" of the individual child who is the subject of the educational plan and at no cost to the parent. |
| Transportation is one of many "related services." Also, see OSEP letter on transportation. |
| Schools must dispense medications to ADHD and other disabled students. |
| Public schools can not require students to take medication. Specifically, "...school personnel | |
| cannot require parents to obtain a prescription for medication for a child as a condition of attending school, receiving an evaluation to determine if a child is eligible for special education services, or receiving special education and related services...." See Prohibition on Mandatory Medication (§ 300.174) |
| Don't assume your school district is in compliance with the law. See Special Education Study and | |
| reports on IDEA compliance. |
| Click here to read about this outrage: School Board Attorneys Plot to Destroy Parent Advocacy. |
| Do some school districts retaliate against the parents and/or child for pursuing legal rights? | |
| Absolutely. Click here to read about it. |
| Basic Differences between Section 504 and IDEA . Also, see US Dept. of Education, Office of | |
| Civil Rights comments and side-by-side comparison. |
| Special Education in Plain Language. Parent's Guide published by the US Dept. of Education. |
| Special Ed 101 -- On-line Questions and Answers. |
| Your state has laws governing special education also. Click here to locate your state education | |
| agency. |
| Texas Education Agency – see Title 19, Part 2, Chapter 89 and 101 for special education | |
| information. State law parallels IDEA. State laws must meet the minimum requirements of Federal law. |
| U. S. Department of Education website. |
| Office of Special Education Programs website. |
| Use Section 504 even if your child has an IEP? Click here for guidance. |
| Some classroom accommodations available for the special needs child. |
| If you don't read anything else read "Keep a Journal." It doesn't have to be fancy -- a three ring | |
| binder with loose-leaf paper will work. |
| Don't be intimidated by the school officials: Learn how to recognize gatekeepers and why schools | |
| develop one-size-fits-all (OSFA) programs. The Special Education Survival Guide by Pam & Pete Wright: Learn "10 Reasons Why Schools Say No!" Check out From Emotions to Advocacy. |
| How [many] principals view students with learning disabilities. |
| What do I do when a teacher says my child needs meds? |
| Referral for Full and Individual Initial Evaluation. |
| Can't get started writing that letter to the school district requesting a Full and Initial Evaluation? | |
| Click here for a sample. |
| Time-Line for all school notices in Texas. Every state has them. |
| Learning Problems at School: Whose FAULT Is It? |
| Every teacher that comes into contact with an IEP student should have the proper training. More | |
| specifically, IDEA, Section 300.323(d) requires that each regular teacher, special education teacher, related services provider, and any other service provider who is responsible for the implementation of a child’s IEP, is informed of his or her specific responsibilities related to implementing the child’s IEP and the specific accommodations, modifications, and supports that must be provided for the child in accordance with the child’s IEP. |
| The definition of highly qualified special education teachers and highly qualified teachers can be | |
| found in the IDEA 2004 Federal Registry. |
| State education laws for disability students aka special populations, must adhere to Federal IDEA | |
| regulations in order to receive federal funding. The Federal regulations set the minimum requirements. One example is Texas' side-by-side Special Education Rules and Regulations. |
| You've followed all the protocol, all the procedures and the school district continues to ignore your | |
| child's needs? Get leads on finding an advocate or attorney at COPAA, |
| Another potential resource for finding an advocate or attorney is wrightslaw's Yellow Pages for | |
| Kids. |
| Guidelines for choosing a special education attorney from COPAA. |
| Guidelines for choosing an advocate from COPAA. |
| "Invisible Disabilities" in the Educational System, by Margi Nowak, Ph.D. |
| If you have a question for U. S. Department of Education, you can submit it on-line. |
| Most schools and school districts are on-line. Get the e-mail address for the teacher, principal, or | |
| special education coordinator to speed up the communication process. |
| OSEP State Monitoring Reports |
| There are a lot of sophisticated definitions for Compensatory Education. However, the long and | |
| short of it is that school districts are responsible for educating students with disabilities. When they don't, they are obligated to provide additional education via "compensation." There are various ways a school district can provide compensatory education depending on the circumstances. One example could be the pull-out classes the school district put your son or daughter in after s/he failed the state accountability testing. Though a rarity because it is extreme, another example is cited in Kevin T. v. Elmhurst Comm. School District No. 205. |
| A guide to the terminology: Acronyms and Dictionary of Special Education . |
Disclaimer: The information and direction to web sites contained herein is educational and not intended to
doctors nor clients and their attorneys. References to all information and opinions should not be
considered an endorsement. You are hereby advised to fully investigate all options in order to determine a
course of action or treatment that may be most appropriate for a specific situation and/or individual.
Copyright 2001- 2008 Alisha Leigh. Use of the material contained herein is unrestricted as long as it is
used for educational purposes and I am notified by e-mail of link usage. I would very much like to know
how this information is being used. Reciprocal linkage to your site is requested.
Updated 08-12-2008
ADHD: A Place to Start
~~Dealing With the School District: Do You Know Your Rights?~~
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