ADD stands for Attention Deficit Disorder, and it is a learning disability that must be diagnosed by a doctor. ADD is characterized by:
Children with ADD may have a difficult time in school, even if they are very bright. ADD may make it hard for some students to pay attention and remain on task. Students with ADD may also have behavioral problems that can interfere with their education. If your child has ADD and it is interfering with his education, your child may be eligible for some form of special education.
There are two main sources of law that establish rights for students with ADD. The Individuals With Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973. These laws require schools to make modifications or adaptations for students whose education is significantly impaired by ADD. However, not all students with ADD are eligible for special education under the IDEA, or Section 504.
The criteria for eligibility are slightly different under IDEA and Section 504. Students may be eligible for special education under the "Other Health Impairment" section of IDEA if:
The school is responsible for evaluating the student to see if he is eligible for special education or assistance. A medical evaluation is not necessary, and if the school does require a medical evaluation, it must be done at no cost to the parents.
While a child may be placed in a special education classroom, this is usually a last resort. Some of the common types of assistance that a student with ADD may receive include:
If you believe you or your child's rights to special education or academic assistance were violated, you may want to speak with a lawyer who is experienced in education and schools. A lawyer will be able to clarify the laws that determine if a student with ADD is eligible for educational assistance under IDEA or Section 504, and can help you understand your rights.
Last Modified: 06-18-2013 02:23 PM PDTLaw Library Disclaimer
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