Published on ADDitudeMag.com
How Well Do You Know Special-Ed Law?
Schools don’t always follow the law when providing accommodations for children protected under the Individuals with Disabilities Education Act and Section 504 of the Americans with Disabilities Act. Do you know which special-education services children with ADHD and LD are entitled to? Test your knowledge here.
Q1 : ADHD does not qualify as a disability.
Your answer : (1) True - Wrong(2) False - Correct !
False. ADHD is among the most thoroughly researched and medically documented psychiatric disorders. ADHD qualifies as a disability under the "Other Health Impairment" (OHI) category of special-education law and as a disability under Section 504.
Q2 : Students with 504 Plans are entitled to accommodations — like preferential seating or un-timed tests — but not to services.
Your answer : (1) True - Wrong(2) False - Correct !
False. Under Section 504, students with ADHD and other learning disabilities are entitled to accommodations and may also be entitled to specialized educational services (such as individual instruction or tutoring) and related services (such as counseling).
Q3 : To qualify for eligibility under IDEA or Section 504, a student does not need a doctor's diagnosis.
Your answer : (1) True - Correct !(2) False - Wrong
True. While comprehensive medical and psychological evaluations are important, the Department of Education issued a policy statement stating that, if the IEP team includes persons the school believes are qualified to diagnose the condition, a medical evaluation is not legally required.
Q4 : Teachers cannot decide whether they will implement an IEP or 504 Plan, or whether they will teach a student with a disability like ADHD.
Your answer : (1) True - Correct !(2) False - Wrong
True. If a student has an IEP or a 504 Plan, the school staff is required to implement it. Further, teachers can’t refuse to have a student with a disability in their class. It is illegal, just as it would be for them to refuse to teach a student based on race or religion.
Q5 : Schools may require parents to sign a waiver of liability before agreeing to administer medication at school.
Your answer : (1) True - Wrong(2) False - Correct !
False. Schools may require a doctor’s order confirming a prescription and the need to provide meds at school, but they cannot make the provision of administering medication conditional on the parents’ signing a waiver of liability.
Q6 : ADHD students with passing grades or adequate achievement scores may qualify for a Section 504 Plan, but not an IEP.
Your answer : (1) True - Wrong(2) False - Correct !
False. Students with passing grades may qualify for an IEP, as well as for a 504 Plan, if their symptoms of ADHD or a learning disability adversely impact their performance at school — socially or academically.
Q7 : Students with ADHD may qualify for a positive behavior support plan even if they aren't exhibiting disruptive or inappropriate behavior.
Your answer : (1) True - Correct !(2) False - Wrong
True. Under IDEA and Section 504, positive behavior supports can be included in the plan to address academic problems, such as timeliness, work completion, and on-task behavior, as well as to remediate classroom behaviors.
Q8 : Schools cannot require students with ADHD to take stimulant medication in order to qualify for special education or other services.
Your answer : (1) True - Correct !(2) False - Wrong
True. Taking medication is a decision to be made by the family and its doctor, not the school. If the student qualifies for special education or a 504 Plan, the school is required to develop appropriate supports, whether or not that student takes meds.
Q9 : Students with ADHD may qualify for one-on-one aides, bus transportation, or other more intensive or expensive services in the classroom.
Your answer : (1) True - Correct !(2) False - Wrong
True. Students with ADHD are entitled to any services or supports needed to benefit their education under IDEA, and to have equal access to educational opportunities under Section 504. Any blanket policy limiting access based on a diagnosis or disability label is suspect.
Q10 : Schools may require a medical diagnosis of ADHD at the parents’ expense prior to proceeding with an evaluation for special education or a 504 Plan.
Your answer : (1) True - Wrong(2) False - Correct !
False. If a school requires or recommends a medical, psychiatric, or neurological evaluation to determine eligibility for special education or a 504 Plan, the evaluation must be at no cost to the parent. The school must pay for it.
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