Question:

I have a 16 year old son with a diagnosis of ADHD who attends high school. I have been very frustrated in attempts to get the school study team to work with me. Despite the fact that I had made it very clear that I was planning to attend and arrived on time, the team had already discussed my child and apologized that they had to start early because they had "another meeting".

Prior to the meeting I had provided the team with a copy of an evaluation done by an educational psychologist that showed his academic abilities between the 92nd and 99th percentile while his scores on a test of executive function -organizing and setting priorities--was in the 2nd to 10th percentile.

The only request that I made was that my child's teachers provide a copy of his assignments to me--by email, fax or my coming to the school to pick them up--whatever was easiest for the teachers. In return, I received a lecture about how my son was going to go to college in 2 years, that he needed to be responsible because no one was going to collect the assignments for him at college.

I know that in theory my son should have a right to some accommodations but it seems like the position of the study team is that he has to reach the point where he is doing poorly in school again before they will even consider any requests. Also, their response about the problem being his lack of responsiblity made me feel that they didn't really understand ADHD. In truth, I left the meeting in tears.

I do not want to be so pushy that I alienate the members of the Study Team but I also want to be proactive and effective in helping my son have a more successful year. Thanks for any suggestions you can give me. -DW

Answer:

Dear DW,

Your concerns are common for many parents of high school students. You didn’t mention if your son has a history of receiving accommodations. Because symptoms of AD/HD in adolescence are not as obvious as before puberty, families often experience frustration in getting others to recognize impairment in their teen. Hyperactivity tends to diminish even as demands for organizational ability increase.

You didn’t mention the type of meeting to which you were invited. I assume that this was a Student Study Team (SST) meeting which is a general education, as opposed to “special” education, process. The purpose of the SST meeting is to provide school personnel with the opportunity to discuss concerns about a student. Legally, parents should be notified that an SST meeting will occur, but their attendance is not required for the meeting to take place. You may have felt slighted when school personnel conducted the meeting without you but this was not illegal.

You commented that you believe that “in theory” your son has a right to some accommodations. The key words here are “in theory.” Unfortunately, sometimes there is a difference between moral and legal obligations. Your son’s academic abilities are in the high achieving to “gifted” range. Legally, this places him in a delicate situation.

Services for students with AD/HD can be provided in one of three ways: in general education, under Section 504 of the Rehabilitation Act of 1973 or under IDEA 2004, an educational law. Section 504 is a civil rights law that protects disabled students from discrimination by ensuring that all students have equal access to educational programs, activities, and services. IDEA is a federally funded educational law that provides a free, appropriate, education to students with one or more of thirteen identified disabilities. Students who qualify under one of the designated categories are eligible for individually-designed instruction at no cost to the parents. Students who qualify under IDEA are automatically protected by Section 504.

To qualify for protection under Section 504, the law states that a student must:

• have a physical or mental impairment that substantially limits one or more life activities
• have a record of such an impairment or
• be regarded as having such an impairment.

The words “substantially limits” considerably affect s who receives these services. The law requires school districts to determine their own definition of “substantially limits.” Districts often reference the American with Disabilities Act (ADA) for guidance in formulating their definition. The ADA describes the individual who is “substantially limited” as one who is ”unable to perform a major life activity that the average person in the general population can perform.” [29 CFR 1630.3 (j)(1)(i) ] or is “significantly restricted as to the condition, manner or duration under which the average person in the general population can perform the same major life activity.”

Your son’s school district’s policy determines if his disability “substantially limits” his life activities. Some districts interpret this to mean that if a student is able to perform in school at the level of the “average person in the general population” then he is not “substantially limited.” The district then has provided access to the curriculum. Thus, if a child has high potential, depending on district policy, a school may not be required to provide accommodations that will ensure that he perform s to his potential. Accommodations might only be required to allow him to learn at the level of the “average” student. The law is to guarantee access, not results.

Of course, this reasoning may not be consistent with the moral obligation that many educators feel to educate a child to his or her potential to learn. Also, the policy varies from district to district and some districts may consider that a difference between potential and actual achievement is a “substantial” limitation. However, from your description of your personal experience, I would venture that your district probably takes the first view. You can verify the district policy by contacting the Section 504 plan coordinator for your school district.

The second way for your son to qualify for accommodations would be if he were to qualify for individually designed instruction under IDEA. This means he would be eligible for federally funded special education services. Students with AD/HD often qualify for services under the categories of learning disabled or other health impaired. You can request that you son be evaluated for special education services if you feel he needs them.

To maintain your positive relationship with the school, your best first recourse is probably to attempt to make some informal accommodations on a teacher by teacher basis. Many teachers are willing to work out arrangements if approached personally that they might be reluctant to implement if legal strings are attached. You might also consider privately hiring an ADHD coach who could assist your son in developing some organizational strategies. Your local Children and Adults with Attention Deficit Disorder (CHADD) organization may have some recommendations.

If you do not agree with the outcome of the SST meeting, your first recourse should be to contact the school principal. If you wish to further investigate your son’s rights, the organization Parents Helping Parents can direct you to the appropriate resources.

Good luck. This can be a painful situation!

Resources:

Diagnostic Center, Northern California. Understanding Section 504. Online training available at: http://www.dcn-cde.ca.gov/online.htm

Parents Helping Parents. www.php.com