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Navigating the Educational System
Your child’s school counselor can help you to understand the educational laws that apply to a child with ADHD. Read on to get an overview of the laws that pertain to your child’s situation.
There are 2 federal laws that guarantee a free appropriate public education and provide services or accommodations to eligible students with disabilities in the United States. They are:
- Section 504 of the Rehabilitation Act of 1973 (called Section 504)
- Individuals with Disabilities Educational Act (IDEA)
Choosing between Section 504 and IDEA will depend on your child’s needs and the degree of impairment.
Section 504
For those students who will be able to learn with simple accommodations or only minor changes to his or her day, Section 504 is a good choice. Section 504 is faster and more flexible than the individual educational plan (IEP) and is a good way for eligible students to get accommodations. Be as reasonable and realistic as possible with your requests.
Some examples of what you may ask for with Section 504:
- Reducing the number of homework problems (without reducing the level of content taught)
- Giving the student a quiet place to work, with limited distractions
- Giving tests in a quiet place or providing extra time
- Creating a notebook so that parents and teachers may keep each other informed of the child’s progress or difficulties
Read about what information to include in a Section 504 request to your school.
IDEA
The Individuals with Disabilities Education Act (IDEA) is the law that provides special education and related services needed for the child to benefit from her or his education. An individualized education program, sometimes called an individualized education plan or IEP, is designed specifically for each eligible child with disabilities to provide a free appropriate public education (FAPE).
When a child with ADHD qualifies under IDEA, the child receives an IEP. The IEP is a written document that includes specific goals for the child based on her or his current level of performance.
Please note that when requesting additional help in school for your child, you MUST do so in writing. Once the request is in writing, the school then has 60 days in which to assess your child’s situation. Unless your request is in writing, it may not be considered valid. Take your written letter (typed is preferred, but a clearly hand-written letter would be OK also) to the administrative offices at your child’s school, and be sure to get it dated and signed on the day it was received by the school’s administrators. Also be sure to keep a copy for yourself.
Your child’s school should also have brochures or handouts, explaining what kind of rights your child has. Ask for whatever paperwork they have available.
Read about what information to include in an IDEA request to your school.
For more information about working with your child’s school, visit www.help4adhd.org.
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