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From the National Information Center for Children and Youth with Disabilities


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Jill Escher's
Resources

Autism Law
Federal and CA State
Special Education Law
10/04
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Parents Helping Parents

ASA Lecture,
9/04
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What Parents Need to Know about Special Education Law

9/04
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Educating Children with Autism
National Academy of Sciences   2001 Download [PDF]


Jill Escher
escherlaw@yahoo.com


 
 
ADHD


What is AD/HD?

Attention-Deficit/Hyperactivity Disorder (AD/HD) is a condition that can make it hard for a person to sit still, control behavior, and pay attention. These difficulties usually begin before the person is 7 years old. However, these behaviors may not be noticed until the child is older.

Doctors do not know just what causes AD/HD. However, researchers who study the brain are coming closer to understanding what may cause AD/HD. They believe that some people with AD/HD do not have enough of certain chemicals (called neurotransmitters) in their brain. These chemicals help the brain control behavior.

Parents and teachers do not cause AD/HD. Still, there are many things that both parents and teachers can do to help a child with AD/HD.

What Are the Signs of AD/HD?

There are three main signs, or symptoms, of AD/HD. These are:
· problems with paying attention,

· being very active (called hyperactivity), and
· acting before thinking (called impulsivity).

More information about these symptoms is listed in a book called the Diagnostic and Statistical Manual of Mental Disorders (DSM), which is published by the American Psychiatric Association (2000). Based on these symptoms, three types of AD/HD have been found:

· inattentive type
, where the person can’t seem to get focused or stay focused on a task or activity;
· hyperactive-impulsive type, where the person is very active and often acts without thinking; and
· combined type, where the person is inattentive, impulsive, and too active.

Inattentive type. Many children with AD/HD have problems paying attention. Children with the inattentive type of AD/HD often:

· do not pay close attention to details;
· can’t stay focused on play or school work;
· don’t follow through on instructions or finish school work or chores;
· can’t seem to organize tasks and activities;
· get distracted easily; and
· lose things such as toys, school work, and books. (APA, 2000, pp. 85-86)

Hyperactive-impulsive type. Being too active is probably the most visible sign of AD/HD. The hyperactive child is “always on the go.” (As he or she gets older, the level of activity may go down.) These children also act before thinking (called impulsivity). For example, they may run across the road without looking or climb to the top of very tall trees. They may be surprised to find themselves in a dangerous situation. They may have no idea of how to get out of the situation.
Hyperactivity and impulsivity tend to go together. Children with the hyperactive-impulsive type of AD/HD often may:

· fidget and squirm;
· get out of their chairs when they’re not supposed to;
· run around or climb constantly;
· have trouble playing quietly;
· talk too much;
· blurt out answers before questions have been completed;
· have trouble waiting their turn;
· interrupt others when they’re talking; and
· butt in on the games others are playing. (APA, 2000, p. 86)

Combined type. Children with the combined type of AD/HD have symptoms of both of the types described above. They have problems with paying attention, with hyperactivity, and with controlling their impulses.
Of course, from time to time, all children are inattentive, impulsive, and too active. With children who have AD/HD, these behaviors are the rule, not the exception.
These behaviors can cause a child to have real problems at home, at school, and with friends. As a result, many children with AD/HD will feel anxious, unsure of themselves, and depressed. These feelings are not symptoms of AD/HD. They come from having problems again and again at home and in school.

What About School?

School can be hard for children with AD/HD. Success in school often means being able to pay attention and control behavior and impulse. These are the areas where children with AD/HD have trouble.
There are many ways the school can help students with AD/HD. Some students may be eligible to receive special education services under the Individuals with Disabilities Education Act (IDEA). Under the newest amendments to IDEA, passed in 1997, AD/HD is specifically mentioned under the category of “Other Health Impairment” (OHI). We’ve included the IDEA’s definition of OHI below. Other students will not be eligible for services under IDEA. However, they may be eligible for services under a different law, Section 504 of the Rehabilitation Act of 1973. In both cases, the school and the child’s parents need to meet and talk about what special help the
student needs.
Most students with AD/HD are helped by supports or changes in the classroom (called adaptations). AD/HD is specifically mentioned in the IDEA as part of its definition of "Other Health Impairment." The definition of this disability is provided below.

IDEA’s Definition of “Other Health Impairment”

Many students with ADHD now may qualify for special education services under the “Other Health Impairment” category within the Individuals with Disabilities Education Act (IDEA). IDEA defines “other health impairment” as...
“...having limited strength, vitality or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that is due to chronic or acute health problems such as asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, and sickle cell anemia; and adversely affects a child's educational performance.”

34 Code of Federal Regulations §300.7(c)(9)

Your child’s special education needs are determined on a case-by-case basis. The Law Offices of Jack H. Anthony can provide you with the legal representation you need when dealing with the school so your child receives the best possible individualized education plan.

 
QUESTIONS  
& ANSWERS
Q
What is special education?
A
Special education is defined as instruction that is..
Q
What are related services?
A
Related services
are defined in the regulations as..
Q
What is the first step in obtaining special education and related services?
A
Before a child with a disability can receive special education and related services for the first time,...
Q
Will Special Education/Early Intervention Help
My Child?
A
Special education is instruction that
is specially
designed ...
Q
What is an Individualized Education Program (IEP)?
A
An IEP is a written statement for a child with a disability...
Q
Who develops my child's IEP?
A
Many people come together to develop your child's IEP...
Q
What are the purposes of the IDEA?
A

The major purposes  of  the IDEA are:...

Q
What is a free appropriate public education?
A
Under the law, a free appropriate public education (FAPE) means special education and related services that:...
Q
How Is My Child Found Eligible for Special Education?
A
The process by which achild is found eligible for special education services is..
Q
Who is eligible for services under the IDEA?
A
The regulations for IDEA define a "child with a disability" as...
Q
Do the parents have to pay for the related services the child receives?
A
No. School districts may not charge parents of eligible students... .
Q
Who provides related services?
A
Providers of related services in the schools typically include...