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In this
issue of The Special Ed Advocate,
we look at special education services for children with ADD/ ADHD
and parental rights in due process hearings. Download online version of newsletter: https://www.wrightslaw.com/advoc/nwltr/2002/nl.1021.htm State
Yellow Pages for Kids with Disabilities: Please
visit your State
Yellow Pages for Kids with Disabilities at: Your Help:
To get the word out about the State
Yellow Pages, we designed flyers
for each state. Now we need your help - please download and
distribute your State
Yellow Pages Flyer from: http://www.cignafoundation.org
The Special Ed Advocate newsletter is free - please forward this issue or the subscription link to friends and colleagues so they can learn about special education law and advocacy too. We appreciate your help! https://www.wrightslaw.com/subscribe.htm 1.
A Message
from
the Editor Are children with ADD/ADHD eligible for special education services under the IDEA? When are children with ADD/ADHD eligible for accommodations and modifications under Section 504? Can children with ADD/ADHD be suspended or expelled from school? (Answers: Maybe, maybe, maybe). Children
with Attention Deficit Disorders often have other problems that affect
learning and behavior. Many children have learning disabilities; some
have Tourette Syndrome, Obsessive Compulsive Disorder, and bipolar
disorder. 2. Are Children with ADD/ADHD Eligible for Special Ed Services under IDEA? Many
people have questions about whether their children with ADD/ADHD are
eligible for special education services under the IDEA. For many readers,
the answer is a clear "Yes." For others, the answer is an equally
clear "No!" 3. Section 504: Evaluating Children with ADD/ADHD The Office
of Civil Rights published a Memorandum that clarifies the school's
responsibility to evaluate children with ADD/ADHD. This publication
includes Questions and Answers about ADD, Section 504 and IDEA, evaluations,
more. For example: 4. Guest Column: Reinventing Our Schools by Thom Hartmann In a
thought-provoking article, author Thom Hartmann describes two "world
views" of ADD and low stimulation and high stimulation classrooms.
Mr. Hartmann
is the author of several best-selling books about ADD/ADHD and education: https://www.wrightslaw.com/advoc/guest/hartmann_reinventing.htm 5. 9th Circuit: Relief When District Refuses to Implement HO's Decision For some parents, winning relief at a due process hearing does not resolve their problems. What happens when the school district refuses to implement a hearing officer's decision? What happens if the state department of education does not require the district to implement the hearing officer's decision? In some cases, parents are forced to request another round of due process hearings to resolve the refusal issue. Last week, the U. S. Court of Appeals for the Ninth Circuit issued a decision that will help parents who are dealing with recalcitrant school officials. The Ninth Circuit held that parents for whom compensatory education program was ordered by a Hearing Officer are not required to seek a new due process hearing or to comply with the state’s complaint resolution procedure before they can sue in federal court for failure to implement the program. The Court also reversed the District Court’s dismissal of the state defendants, holding that Eleventh Amendment immunity does not bar a federal court from granting prospective injunctive relief. Steven Wyner, attorney for the parents, explains, "This decision provides a much needed remedy when school districts refuse to implement administrative decisions. School districts that try to waltz parents through endless rounds of administrative proceedings, rather than provide special education as ordered by the Hearing Office, will find that they have to face the music in federal court." Download
the decision in Porter
v. Bd of Trustees of Manhattan Beach Unified Sch. Dist. at: 6.
ADD/ADHD Topics Page
Do you want to learn more about educating children with ADD/ADHD? Please visit the ADD/ADHD Page for articles, legal resources, book recommendations, free publications, and a list of information and support groups about educating children with ADD/ADHD: https://www.wrightslaw.com/info/add.index.htm For information about dozens of topics, from Advocacy to Zero Tolerance, visit the Master Topics Page at: https://www.wrightslaw.com/topics.htm 7. Advocacy Training: Fall 2002 Schedule Knowledge is power. When you have information and skills, you will be a more effective advocate for your child. Our role is to help you gain knowledge and skills so you can negotiate on your child's behalf. In
November, we travel to Ontario, CA for the LDA of California
conference, then to Atlanta for the International Dyslexia Association
conference. October
30, 2002: Roanoke, VA.
"What Every Special Ed Parent / Advocate / Attorney Should
Know About Discipline." November
7-9, 2002: Los Angeles, CA. Full
day of advocacy training on Nov 7; additional sessions on Nov
8-9. January 15-20, 2003: From Emotions to Advocacy Cruise - Don't Miss It! https://www.wrightslaw.com/speak/03.01.cruise.htm
How
to Plan a Training Program or Seminar 8. Cool Books About ADD/ADHD Learning Outside the Lines: Two Ivy League Students with LD & ADHD Give You to Tools for Academic Success. Mooney, Cole This
inspiring, practical book was written by 2 college students; includes
practical strategies for kids to use: notebook organization, note
taking, test taking, cramming, reading, and more. Great gift! For
more information about Learning
Outside the Lines go to: http://www.amazon.com/exec/obidos/ASIN/068486598X/ref=nosim/thespecialedadvo Teaching the Tiger : A Handbook for Individuals Involved in the Education of Students With Attention Deficit Disorders, Tourette Syndrome or Obsessive Compulsive Disorder by Marilyn P. Dornbush and Sheryl K. Pruitt Excellent book for special educators, counselors, social workers, school psychologists, classroom teachers, and paraprofessionals. To learn more about Teaching the Tiger, go to http://www.amazon.com/exec/obidos/ASIN/1878267345/ref=nosim/thespecialedadvo ADD: A Different Perception by Thom Hartmann gives examples of successful, creative, and dynamic individuals throughout history who were undoubtedly affected by ADD. Great gift for teenagers and young adults! http://www.amazon.com/exec/obidos/ASIN/1887424148/ref=nosim/thespecialedadvo How to Reach and Teach ADD/ADHD Children: Practical Techniques, Strategies, & Interventions for Helping Children With Attention Problems and Hyperactivity by Sandra F. Rief. Includes management techniques that promote on-task behavior and language arts, & multi- sensory instruction strategies to maintain attention and keep students involved. For more info about How to Reach & Teach ADD/ADHD Children go to: http://www.amazon.com/exec/obidos/ASIN/0876284136/ref=nosim/thespecialedadvo
9. Subscription & Contact Info The Special Ed Advocate is a free online newsletter about special education legal and advocacy issues, cases, tactics and strategy, and Internet resources. Subscribers receive announcements and "alerts" about new cases, events, and special offers on Wrightslaw books. Subscribe:
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