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ADHD at School

Can school legally ignore doctors note?


Hi there,
My son is 9 years old and has AD/HD. He’s currently covered under Section 504 and will be going to an IEP.
Our school likes to install “working lunch” so if/when a student is behind in homework, they are kept in at recess to complete their assignments. While I respect the discipline, I do not agree in the least with keeping any child, much less a child with ADHD in at recess.
It was becoming everyday and my requests to have him outside to burn off the energy were being ignored so just this month, his doctor wrote a note that he be allowed to use recess as just that, recess, a time for physical exercise and not an academic catch up time.
This is the second time that the school (mainly my sons math teacher) has kept him in for working lunch.
Is this within their legal rights to do so? I really do like his school, they are there to fit to the child rather that the child fitting to the school and are our districts school of choice so I don’t want to “blow them over” but just curious if anyone knew what the law says about this….
Thanks much!

Replies

That sounds outrageous to me. I have had lot’s of discussions with the principle on occasions like this.

The legality isn’t the issue, the IEP is the key. I had a 5th grade teacher that did not believe in ADD and refused to accommodate my son. She was forced to retire.

Talk it out. Find something that works for everybody and you will get through it. Nobody will be a better advocate than you.

Here is some more info on 504 and IEP’s
http://www.wrightslaw.com/info/sec504.index.htm

Good Luck
Augie

More good resources here: http://addsherpa.com/resources/

Posted by Augie on Jan 30, 2012 at 11:30pm

I have had the same problems and it seems to be with teachers that don’t believe ADHD exists, that we’re just making excuses. 

I’ve given my district 2 doctor notes requesting simple accomodations and always get a brick wall thrown in my face that she doesn’t qualify b/c her grades are “OK”.

Then why do I keep getting notes & phone calls from teachers that “she can do better”??

She doesn’t do her homework and fails gym because she can’t get herself organized enough to cope with it all - the books, assignments, gym clothes that we out in her backpack but she forgets to bring to gym class.

What if you request an eval & the school psych says she needs a “behavioral management plan” and leaves it up to you??

How do you get the school to do an ADHD focused eval?  All they did was give her an IQ test.  Like that means anything - no one said she wasn’t smart, but with her IQ she should be acing everything!!!

Posted by kayzeekay on Jan 30, 2012 at 11:37pm

I agree that is QUITE outrageous. I was going through a simillar situation with my son’s advanced reading teacher. However she recognized his ADD- no H but was not helpful. The easy fix he was removed from her class and is now doing quite well.

Best of LUCK:)

Posted by Jkapri on Jan 30, 2012 at 11:43pm

Get that IEP in place….I NEVER allow them to take away my sons recess.  ADHD, Dyslexic, and probably with Dysgraphia too.  Stand up for him, and advocate! 
.....our ADHD kids learn different, take longer, so forth.  They need the accommodations in the classroom, for tests, everything that the ADHD impacts.  Organization, reading, spelling too.
IEP is protection, and teachers do have to comply, and you do have a say.
I am trying to learn more about our rights and how to best utilize the IEP, but from what I understand any school offering Special Education, and using an IEP need to customize and accommodate according to the students needs to SUCCEED!  Getting these kids through school can be a huge challenge.  My philosophy is help not hinder.
Study after Study PROVE all kids do better with increased exercise, so why on earth would they ever suggest taking a recess away. 
Makes me crazy to hear this going on!
Definately going to visit the link provided above, and get my facts as well.  We have an IEP meeting soon, and I want to be best prepared as well.
Know who you need to talk to next, if the particular teacher is not accepting your requests.
Good luck, and keep us “posted”

Posted by lma33167 on Jan 31, 2012 at 12:04am

The law on 504s will cover you here. Call a meeting and have his need for movement put in and one accommodation for recess, one for brain breaks and one for walks within the building as needed.  If the teacher doesn’t follow the plan then discuss that with the 504 officer in the building, follow up with the district if needed. Good luck and happy advocating. We finally got the school to agree to daily PE too.

Posted by hockeymom9 on Jan 31, 2012 at 12:16am

Did you see the article on ADHD and Recess:  ADHD kids should never lose recess.
http://www.additudemag.com/adhd/article/9346.html

Exercise is so important.  This book addresses the importance of exercise…Spark: The Revolutionary New Science of Exercise and the Brain, by John J. Ratey & Eric Hagerman. 

Best of luck!

Kari

Posted by koutdoors on Jan 31, 2012 at 12:17am

Reese612 - have you seen the article His Right to Recess? Check the section called “Recess: It’s The Law” for items that can support you in discussing your son’s situation with his school.

Posted by Kim @ADDConnect on Jan 31, 2012 at 12:41am

I need to how to start a new thread. Need advice on my 5th grade daughter with adhd. Since coming off Strattera ( due to mood issues ) our daughters IEP has not been followed. No shortened assignments. I scribed for her a few times and was told by the teachers I could not.  I emailed the teachers stating it was in her IEP.. Well, her general ED teacher emailed me and said scribing was removed this fall.

  I have emailed the Special ed teacher and she wont reply to my emails. The teacher will meet with me but I am assuming now the special ed teacher will not be there. This is pointless.

The teacher is also putting on our daughters papers ” You need to focus Aubrey !”  and “You can do better than this!”  my daughter is quite bright and has adhd.. Writing is awful for her off meds… I scribed to lessen her load as homework has been taking 2-3 hours..

  Any advice would be appreciated -  email at .(JavaScript must be enabled to view this email address)

Thank You

Posted by LindaLoo on Jan 31, 2012 at 1:03am

My 12 yr who has had IEP since third grade went all though k-5 have the same thing. lost recess, in the office during special problems. THe school was going have him repeat the 3rd grade until his doctor wrote a note saying that won’t make a difference. He was also writtten up on the bus all the time for not sitting still until I told the transportation office that he has ADHD and was on meds and the only that he was going sit total still was to knock him out and I wasn’t going to do that or put him in a seatbelt.

Now in the 6th grade they taken his locker away from him and give him a milk crate to put his stuff in until he prove that he is orgainzed enough to have a lockers.  I could write all night about what my son been thru and all his IEP does it get him extra help and time on the state and federal mandated test.

It will not sursprise me that they want him to repeat the 6th grade due him not being able to keep up. The class are 45 minutes long and there are 7 of them in a day. And they don’t on one subject more then a day.

And it is a state law that parents don’t have any say if the child will or will not repeat a grade it totally up to the school.

Posted by skylud on Jan 31, 2012 at 3:00am

Since the school and the doctor operate by different definitions of what “qualifies” as ADHD, the school does not really have to follow a “perscription” or recommendation by a doctor. HOWEVER if you put that recommendation into the 504 or IEP (insist on it and take the resources with you that others have listed above), then they must follow that. The IEP is a legal document and you have recourse if they do not follow it.

Posted by deeadhdmom on Jan 31, 2012 at 10:18pm

Aaargh!!! This subject drives me nuts!  I can’t understand why recess is used as a punishment for children not finishing work, acting out, etc.  It is negative, counterproductive and in fact, sends our children a very mixed message.  On the one hand, American children are overweight and lack physical activity.  On the other hand, teachers can take away the one opportunity a child has to get physical activity during the day as a “punishment” (and face it, call it what you will it is exactly that). 

I recommend what others have - get it put in writing as an accommodation.  However, I would also request IN WRITING that the teachers give my child recess and attach a copy of the doctor’s note.  Send a copy to the school nurse (if there is one), the ESE specialist and the Principal.  I wouldn’t wait for the IEP to happen.  In my case, it has taken over a year and at this rate my son will have grandchildren before there is anything in writing.  However, we do have some procedures in place to help him.  Those “accommodations” were obtained after a lengthy meeting with the school principal, the parent advocate, ESE school specialist, ESE district specialist, and district psychologist. 

Good luck!

Posted by izzymom on Feb 02, 2012 at 4:40pm

WOW…. as a teacher with ADD myself, I find it unnerving and ridiculous that the teachers/administrators are REFUSING to accomodate. Have you talked about this with the guidance counselor?

I am not AGAINST recess as a punishment for not doing work or for behavior problems in most cases because sometimes, when children just don’t care, you have to take away things that you know they love in order to make a point. If a student loves spending time with his/her friends, they are going to get their work done to ensure that they get that time.

On the other hand, students who have ADD/ADHD have such a difficult time getting through the day. In this situation, if you have a note from a doctor, I don’t really believe they are allowed to refuse this. I think that if you take this further, you can fight it. You along with the teachers should find a suitable consequence for what happens if your child is not completing their homework. Perhaps on your end, you should instill consequences at home (ex: no video games/tv) along with the teacher taking a few points off of the assignment. Regardless of what the consequence is, this needs to be done as a TEAM. Parents and teachers working against each other is only going to hurt the child.

A teacher’s job is to accomodate accordingly for student needs. Whether a child has an IEP or not, they should be doing things differently with a child when necessary. The only time a school is LEGALLY allowed to ignore a ‘request’ is if you are asking for something like longer time for testing or other things that have to do with state mandated tests and/or health issues.

Let me know how this goes, I would love to know the outcome! Let me know if you have any questions.

Posted by alm8608 on Mar 24, 2012 at 11:40pm

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