Join ADHD Groups!

Click the arrows to expand each group category below

Parents of ADHD Children

ADD Adults

ADHD and Related Conditions

ADHD Professionals

ADHD Resources

Groups by Location

Gifted ADHD Children

too smart to have disabiity benefits

My son is 9, in the fourth grade. Hes at a small charter school. He has needs for classroom adaptation . I was tole by the school director that since he is doing well academically, he did not meet criteria for IEP/ OT eval in the class. Weve been addressing some issues with SAT meetings Help! He has ADHD with social issues and attention/hyperactivity issues in the class, generally controlled with meds but not completely. Thanks.

Replies

Here are a few resources that may be helpful:
“First, parents have the right to request evaluation by a school district if they suspect their child has a disability, or have already confirmed that through outside evaluation. The school district has the obligation to either conduct the evaluation and make a determination of whether the child has a disability, or to advise the parents of their right to request a due process hearing to challenge the refusal of evaluation or the refusal of eligibility. Once the school has conducted an evaluation, if they determine that the child does not meet criteria for eligibility, the parent has the right to request a due process hearing to challenge the denial of eligibility.”-http://www.ldonline.org/legalbriefs/c658/#57

the parent may request a due process hearing-
http://www.wrightslaw.com/law/code_regs/OSEP_Memorandum_ADD_1991.html

http://www.greatschools.org/special-education/legal-rights/868-section-504.gs?page=all

Posted by cowboy on Aug 07, 2014 at 3:08pm

It sounds like your son is twice exceptional (as is mine)—smart but has learning difficulties (http://www.additudemag.com/adhd/article/8197.html).

If he is struggling in school, he should qualify for a 504 Plan with accommodations. If he’s not struggling (that’s more than just good grades), then they can deny accommodations. ADDitude Magazine has a free guide on ADHD at School that will explain this in more detail and help you work with the school: http://www.additudemag.com/RCLP/sub/4163.html.

Here’s some legal input on being denied accommodations as well: http://www.additudemag.com/q&a/ask_the_learning_expert/6261.html.

Keep following your intuition.

Penny
ADDconnect Moderator, Author & Mom to Tween Boy with ADHD and LDs

Posted by adhdmomma on Aug 08, 2014 at 4:12pm

One of the unfortunate realities of so many “small charter” schools is that they have the tendency of making it so that any/all students who have any type of disability will have to fight extremely hard to get whatever services they need (& are entitled to)—hoping that the parents will simply grow tired of having to fight a constant uphill battle, give up, and take their “special needs” child somewhere else (meaning back to the “public schools”).

If you start to get the sense that this is what is REALLY going on pay attention to your intuition here as well.

Posted by BC on Aug 09, 2014 at 3:01pm

Oh yes. Same here. I’m currently in a dispute with our school’s principal over part of my son’s curriculum because he is “capable of meeting the prescribed learning objectives” in other areas, so he’s not receiving accommodations for his one area of problem. He’s “too smart” to receive help. Bottom line - our principal wants us to medicate him, rather than change what happens in the classroom.

Yes, this still happens, and NO, I’m not budging.

Posted by OopsForgotAgain on Aug 09, 2014 at 4:41pm

Reply to this thread

You must be logged in to reply. To log in, click here.
Not a member? Join ADDConnect today. It's free and easy!

Not a member yet? Join here »


Important! User-Generated Content

The opinions expressed on ADDConnect are solely those of the user, who may or may not have medical training. These opinions do not represent the opinions of ADDConnect or ADDitude magazine. For more information, see our terms and conditions.