Preparing Adolescents with Disabilities for “Real Life”

The world can inevitably be cruel and dangerous. In a perfect world, everyone would be kind, every place would be safe, and opportunities wouldn't depend on our financial circumstances. This is not the case. As unfortunate as it may be, the world can be even more challenging for our children with disabilities. 

It is an instinct to want to shield them from a world where they may be mistreated and discriminated against or to keep them close so that you can protect them from any danger that may surround them. This instinct undoubtedly increases as you find your child struggling with safety, social cues, and independence.

However, our children want to live fulfilling lives filled with work, love, and friends, just like any other person.

Love on the Spectrum is a docuseries on Netflix that follows individuals of all ages on the spectrum on their quest to find love. Throughout the show, here are some impactful quotes from individuals on the show: 

“I have so much love to give” —Journey, 18

“I really would like to have someone special with whom I can share the best moments of my life.” —James, 35

“I don't want to spend the rest of my life alone” —Connor, 24

“It would be nice for me to live on my own” —Dani, 28

In this unpredictable world, how can we support our children with disabilities in creating fulfilling lives while also preparing them for “real life”? Here is how:

1. Modeling: As you complete everyday tasks, walk your child through each step. Talk to them about what you are doing and why. Try to explicitly explain even the “small stuff,” such as volume/tone of voice, how to be appropriate in the given setting, etc. If you are at the grocery store with your child, for example, here are some things you can explain and discuss:

• Refrigerated vs non-refrigerated items

• Making a list of ingredients to buy

• Appropriately standing in line

• Greeting a cashier

• Who to ask if you can't find something

• How to pay for your items

2. Help them foster friendships and relationships: If we are honest, almost everyone has had difficulty in social situations. As we get older, we start to understand how to handle and thrive in social situations. Making small talk, building healthy relationships, and making friends becomes more manageable. For our children with disabilities, this instinct may not come naturally and often needs to be explicitly taught. Here are some things you can help your child work through:

• Personal space during conversations

• What qualities make a good friend and a bad friend

• What different facial expressions mean

• When hugging is appropriate

• What to do when you have a crush on someone

3. Talk about “What If” Scenarios: We can all agree that if the world were more black and white, life would make much more sense. Unfortunately, life seems to be a grey area, where preparing for some of the cards we are dealt is almost impossible. However, once we handle something new for the first time, it gets much easier each time. This is the same for our children with disabilities. Each time we intentionally expose them to “what-if” scenarios, we help them become equipped and prepared to handle similar situations the next time. Over time, this can lead to them being able to handle the problem independently. Here are some suggestions on “what-if” scenarios that you can help your child prepare for:

• What to do if someone sends a mean text

• What to do if your friend wants you to steal

• What to do if you can`t pay for something

• What to do if you get lost

• What if someone asks for your personal information

Whatever disability your child may face, our job is to foster independence and support them in creating happy lives—whatever that may look like to them.  

“Disability is natural. We must stop believing that disabilities keep a person from doing something. Because that's not true. Having a disability doesn't stop me from doing anything”.

-Benjamin Snow, 8th grade

Written by intern McKayla Crayton at Abdnour Weiker, LLP

http://www.Lawyers4Students.com

What Can You do to Get the Most Out of Your Child’s IEP Meeting?

There is no denying that IEP meetings can be overwhelming and oftentimes, you go into them unprepared and leave feeling exhausted. However, this does not have to be the case. Below, I will list some tips that will help you get the most out of your child’s IEP meeting and ensure that you are able to meaningfully participate from start to finish.

What to do before the IEP meeting

Once the IEP meeting is scheduled, you need to get to work. To best prepare for the meeting, you need to gather your child’s most recent multifactored evaluation and progress reports from the last year. Also include your child’s grades. If you have received correspondence from your child’s teachers that document difficulties or successes, print those off and include them in your review.

Next, ask your child’s intervention specialist for a copy of the IEP draft at least one week beforehand. Make sure that your request is in writing. While not every school district is required to provide a draft copy of the IEP before the meeting, almost all districts do when asked.

Now that you have your documents to review and a draft copy of the IEP, it is time to get to work. When looking through the ETR, look closely at the educational needs section in all individual evaluators’ pages and the team summary. These areas of need should be reflected in the IEP somewhere. Most often, these needs will be transferred into goals and accommodations, but sometimes, the need may be listed in the profile if it is determined that a goal or accommodation is not necessary. If you do not see a need reflected in the IEP somewhere be sure to write it down so it can be addressed in the meeting. The progress report can guide you in determining if the goals written in the draft are appropriate based on your child’s progress on previous goals. Lastly, your child’s grades, work completion, and teacher notes can be helpful in developing services. Be sure to write everything down that you have questions or concerns about and send that list to the intervention specialist before the meeting, even if it is the morning of the meeting. This will ensure that everyone is on the same page, allow them to prepare, and highlight your concerns in the meeting.

What to do during the meeting

Meeting day has finally arrived. While having some anxiety about the meeting is normal, your preparation will help you feel more comfortable and confident in your approach. Take some deep breaths if you feel yourself getting elevated or upset and ask for a break if one is needed. If you have brought someone with you to the meeting, use a break to talk through questions you have with that individual.

Do not be afraid to ask questions or ask someone to clarify what has been discussed. It is easy for school staff to talk over you or to you but forget to include you in the conversation. Take notes while going through the meeting and jot down questions you have so you do not forget them. At the end of the meeting, ask the team those questions. If you were not able to talk through everything in the time allocated for the meeting, ask for a follow-up meeting. Make sure that you leave that IEP meeting feeling like a valued member of the team who was able to fully participate.

What to do after the meeting

After you have been able to process what was discussed during the meeting, follow up with team members if you have any additional questions or concerns. Sometimes, it takes a little bit of processing to fully grasp everything that went on. You should receive a Prior Written Notice and a copy of the IEP a day or two after the meeting, sometimes a little longer, but if you have not received these documents by a week after the meeting, be sure to ask for them. Read the IEP and make sure it is accurate and captures all changes discussed during the meeting. Additionally, read the Prior Written Notice to verify the accuracy of the events.

If the Prior Written Notice is not accurate, is misleading, or leaves out important information, you can email your account of what occurred and ask the school team to include your feedback with theirs. You can also ask that the team make changes to the Prior Written Notice to correct any errors. Store these documents in an electronic file or a physical file for your records. Continue to collect pieces of data that you receive throughout the year, including progress reports, to be prepared for next year’s IEP review. You've got this!!

Authored by Danielle Randolph, M.Ed, Ed.S, Advocate for Abdnour Weiker, LLP

Questions? Call us: 614-745-2001

Public schools with "mask optional" policies risk losing immunity.

A. The Choice

Boards of education in Ohio have been placed in a tough position to start the school year. Boards have been forced to choose whether to require masks for their students and employees. Schools were placed in this position because the state legislature effectively removed the power of the Governor and the Ohio Department of Health to issue mask mandates (and most other related health orders). 2021 Sub.S.B.  No. 22.

With this authority removed, the Ohio Department of Health can now only “recommend” that schools require masks for the upcoming school year. See, COVID-19 Health and Prevention Guidance for Ohio K-12 Schools, Ohio Department of Health (Rev. July 26, 2021). Some local health departments have more recently heightened this to “strongly recommend” full masking of all students since infections associated with the Delta variant have increased, just in time for the start of the school year. Mask Advisory Issued for All Residents Indoors Regardless of Vaccination Status, Franklin County Public Health Advisory (August 5, 2021).

The response by boards of education at public schools has been mixed. Some boards of education have appreciated the risk to students and employees articulated by local health authorities and have adopted a full masking requirement for the start of the 2021-2022 school year. Other boards have recognized the potential for an increased risk for the unvaccinated, including those age 11 and under who do not have access to a vaccine, and opted to require masks for everyone at the elementary level.

A surprising number of boards have opted for a completely voluntary mask policy, perhaps because they believe masking is a purely personal decision, or that the risks articulated by health departments and federal agencies are overstated. There’s been some healthy (and unhealthy) debate surrounding the issue, which has included a variety of reasons for schools opting to go “mask-optional.”

B. Sovereign Immunity; Exceptions Allowing Claims

One reason that boards may feel confident in adopting a mask-optional policy is because boards of education enjoy state sovereign immunity for decisions made in the exercise of their governmental functions. R.C. 2744.02(A)(1). School employees enjoy similar immunity for decisions made within the scope of their duties. R.C. 2744.03(A)(6).

Importantly, however, sovereign immunity is not absolute and the decision to go mask-optional could expose a school board--or a school employee recommending such a policy--to an increased risk of liability.

To begin, sovereign immunity does not apply to contract claims, claims that arise from an employment relationship with the school, or claims brought by an employee related to his or her “conditions…of employment.” R.C. 2744.09(A)-(C). Sovereign immunity also does not apply to “civil claims based upon alleged violations of the constitution or statutes of the United States.” R.C. 2744.09(E).

Therefore, one could easily imagine a teacher or other school employee asserting a claim that the employment agreement has been violated due to a voluntary masking policy in a pandemic, or that the conditions of employment have been improperly altered, making the employee more vulnerable to infection. Such a claim could be bolstered by high infection rates in any given school or by the fact that most school districts in the state required masks for all students and staff just last school year.

Sovereign immunity could also be side-stepped by any aggrieved party by asserting a claim under a federal statute or the U.S. Constitution. The federal statute possibilities are numerous, but the Americans With Disabilities Act would be one leading example, as this law requires reasonable accommodations to be made for students and employees with disabilities. 29 C.F.R. Part 1630, et seq. Other claims could come through the “state-created danger” theory under the Fourteenth Amendment of the U.S. Constitution, especially given that school-age children in Ohio are required by law to attend school. See, DeShaney v. Winnebago County Department of Social Services, 489 U.S. 189, 199-200 (1989)("[W]hen the State takes a person into its custody and holds him there against his will, the Constitution imposes upon it a corresponding duty to assume some responsibility for his safety and general well-being”); see also, R.C. 3321.01(A)(1)(compelling students in Ohio to attend school).

Further, while school employees (such as superintendents and principals) enjoy immunity protections similar to those provided to boards of education, this immunity does not apply where “the employee's acts or omissions were with malicious purpose, in bad faith, or in a wanton or reckless manner.” R.C. 2744.03(A)(6)(b). So, depending on the specific circumstances surrounding a risk of infection, or an actual transmission of the virus, there could be individual liability for school employees for school-level decisions that ignore a known risk, assuming the decision could reasonably be considered reckless, in bad faith or malicious.

In sum, there are very plausible exceptions to sovereign immunity for mask-optional policies.

C. Additional Immunity for Covid-Related Claims; Similar Exceptions

Notably, the Ohio legislature provided schools with another layer of immunity for Covid-related claims in 2020 with House Bill 606. This was signed by Governor DeWine on September 14, 2020, and provides in pertinent part:

No civil action for damages for injury, death, or loss to person or property shall be brought against any person [including schools and state institutions of higher education] if the cause of action on which the civil action is based, in whole or in part, is that the injury, death, or loss to person or property is caused by the exposure to, or the transmission or contraction of, MERS-CoV, SARS-CoV, or SARS-CoV-2, or any mutation thereof. 2020 Am.Sub.H.B. No. 606, §2(A).

However, an exception to this law exists for reckless and intentional conduct, very similar to the exception for sovereign immunity above. Immunity under H.B. 606 does not apply if, “it is established that the exposure to, or the transmission or contraction of, any of those viruses or mutations was by reckless conduct or intentional misconduct or willful or wanton misconduct on the part of the person [or school] against whom the action is brought.” Id. "Reckless conduct” is defined in the law as:

Conduct by  which, with heedless indifference  to the consequences, the person disregards a substantial and unjustifiable risk that the person's conduct is likely to cause an exposure to, or a transmission or contraction of, MERS-CoV, SARS-CoV, or SARS-CoV-2, or any mutation thereof, or is likely to be of a nature that results in an exposure to, or a transmission or contraction of, any of those viruses or mutations. Id., §2(D)(3).

To be sure, the same law prevents health orders and recommendations from being introduced as evidence in tort actions. Id., §2(B). Even so, the infection rates and/or exclusion of students from the classroom because of necessary quarantining could be enough to prove that any given school district violated a duty of care to its students or employees, and that the act of implementing a mask-optional policy was reckless. This is especially true where a school continues with a mask-optional policy despite an ongoing or increasing risk.

Finally, the immunity under house Bill 606 is temporary and is due to expire on September 30, 2021, unless it is extended by the legislature. Id., §2(E).

In sum, the immunity laws that boards of education, superintendents and principals may be relying upon may not be as strong as they think when they adopt a district-wide mask-optional policy. While the decision is within a board of education’s discretion, it should be made with caution and an understanding of this exposure.

Mark Weiker, Esq., Student and Educator Rights Attorney, Abdnour Weiker, LLP

www.Lawyers4Students.com

Dyslexia 101

Does your child struggle to read?

• Does your preschooler have trouble with common nursery rhymes, can’t learn and remember the names of the letters in the alphabet, or have a hard time recognizing common rhyming patters like cat, rat and bat?

• Does your kindergartener or first grader read “puppy” instead of the written “dog” when looking at an illustration? Does he or she have trouble sounding out words or connecting letters with sounds?

• If your child is a second grader or up to young adult, does reading come slowly, does he or she avoid it if at all possible?

• If in high school, is a foreign language almost impossible to learn?

• For all age groups, does your child have difficulty finding the right words to say, pronounce names and places incorrectly?

 What are your child’s strengths?

• Does your child have a great imagination, a good understanding of concepts, like to solve puzzles?

• Does your child have excellent verbal comprehension?

• Does your high school student have good thinking skills like reasoning and abstraction?

• Does he or she learn best by doing, or excel in areas not driven by reading?

• For more clues, please see The Yale Center for Dyslexia and Creativity, http://dyslexia.yale.edu/clues1.html.

If some or all of the above answers are positive, your child may have DYSLEXIA, a very common learning disability. Some experts say up to 80% of all people with learning disabilities have dyslexia.

Here’s the good news:

Dyslexia is treatable. Schools can help.

 What is dyslexia?

Dyslexia has nothing to do with intelligence. People with dyslexia are scientists, architects, authors and more. Go ahead, Google famous people with dyslexia. You’ll find lots of amazing people who have overcome their dyslexia and done incredible things.

You may be thinking that dyslexia is only about reversing letters, and your child doesn’t do that. Dyslexia is now understood to be a disorder of the language system in the brain.

Dyslexia “reflects a deficiency in the processing of the distinctive linguistic units, called phonemes, that make up all spoken and written words.” Shaywitz, S. (1996), Dyslexia: A New Model of the Reading Disorder Emphasizes Defects in the Language-Processing Rather than the Visual System, Scientific American, 275(5) 98.

That means that your child’s brain has trouble decoding words, or breaking words into their distinctive sounds.

Think of your brain like a bunch of paths in the forest. Typical readers can see the word “bed” three times, sound it out and remember it, and the fourth time they see the word, their brain sends a signal from the logic part to the long term memory part that what they are seeing is the word “bed.” The signal travels a distinctive or well-worn neural path from the logic to long-term memory. They’ve got it.

In a dyslexic brain, the neural path from logic to long-term memory is not distinctive or well worn. There may be branches or blocks preventing the signal from going though, or the path may be so lightly drawn that is really isn’t a path. Dyslexic readers will have to see and focus on the word “bed” over four hundred times to have it go to long-term memory!

Researchers at the Yale Center for Dyslexia and Creativity have taken numerous fMRIs of typical and dyslexic brain to show these differences.   Their website is a wonderful resource. Dr. Sally Shaywitz of the Yale Center also has a great book called Overcoming Dyslexia that is well worth reading, and has excellent pictures of the fMRIs.

What can you do?

The brain is most pliable and able to put down new neural pathways in childhood. The time to act is now – delays in reading prevent children from learning and will make them fall further and further behind in school. Teachers call the K-3 grades the “Learning to read” grades, and grades 4 and up “Reading to Learn.”

Dyslexia is not a life sentence!

Dyslexia is treatable. Evidenced-based multisensory programs like Orton Gillingham, Wilson Reading Method or LindaMood Bell are effective at teaching dyslexic students to read and actually lay down the neural pathways that are blocked or missing. The programs are multisensory and intensive, and while they take several years, if done correctly and by qualified teachers, they do work.

First things first: evaluate your child and find out exactly what is wrong.

If your car stops running, you have several options, but just knowing that the car doesn’t start is not enough to determine the problem. Reading problems are the same. You need to know specifically what is wrong so you can know the specific type of education intervention that is necessary.

The first thing you need is an evaluation to determine if your child has dyslexia. You can see a specialist privately, or you can ask your child’s school to evaluate. There are pros and cons to both methods. Private evaluations by qualified professionals can be costly, but if dyslexia is found, they will unequivocally state that your child has dyslexia and needs specific educational methods to address reading deficits.

Did you know that schools have the responsibility to identify children with disabilities?

A federal law called Individuals with Disabilities Education Act or IDEA makes states responsible for finding children with disabilities and then educating them according to their unique needs.   This means that Ohio has the responsibility to search out children with disabilities, from birth through age 21.

If you suspect your child may have dyslexia, you have the right to request an Evaluation from the school.

If the school determines your child has dyslexia, it will implement an Individualized Education Plan (IEP) tailored to his or her needs, and your child will receive the educational services he or she needs to learn how to read. If dyslexia is in your child’s evaluation, schools must use programs or curricula that are evidence-based to address the dyslexia.

 Is it really that easy?

In some enlightened school districts, it really is that easy. Unfortunately, most school districts make it very, very difficult. If you are running into roadblocks, consider hiring an advocate or attorney.

What if the school won’t conduct an evaluation?

At this point in the process, some school tell parents that they are going to try different interventions before evaluating the child. This is often called response to intervention (RTI). RTI sounds reasonable, but legally schools must try these interventions at the same time as they evaluate the child – they can’t unnecessarily delay an evaluation.

 What happens at an evaluation?

An evaluation must be completed within 60 days of getting your consent to evaluate. It must meet certain requirements. For example, an email telling you your child has been given one test and found not to have a disability is not an evaluation as Ohio defines it.   Some of the rules for an acceptable evaluation are:

• An evaluation should be done on a form called PR-06 (Evaluation Team Report),

• An evaluation team includes the parents, the child’s teacher, and many other staff from the school district.

• The team must formally meet to discuss the results of the evaluation,

• Parents must be given the report so that they can meaningfully participate in the meeting,

• The school must not use one single assessment to determine if your child has a disability, but use a variety of assessments and strategies, including information from the parents, the classroom teachers, and medical professionals if necessary.

What does the evaluation team decide?

The evaluation team has to decide three things at the meeting:

1. If the child has a disability

2. If that disability has an adverse effect on the child’s education, and

3. If the child needs special education and related services.

Individualized Education Program (IEP)

If the team decides the answer is yes to all three of the above questions, your child will be identified as having a disability, and the school will have 30 days to write an Individualized Education Plan, or IEP. Your child is covered under IDEA and has the right to specialized instruction and accommodations.

This is where is becomes very important to have “dyslexia” in the evaluation, not just “learning disability.” The goals and services of the IEP must be written specifically for your child with dyslexia, and must be tailored to actually provide educational services to address the dyslexia.

What if you disagree with the team’s determination?

Parents are a part of the evaluation team, but the school district makes the ultimate decision. If you disagree with the evaluation results, you are entitled to ask for an Independent Educational Evaluation (IEE) at pubic expense. This is an evaluation done by a non-school related professional. The school may not just deny your request, but must respond in one of two ways:

1. Grant you the IEE, or

2. Prove to a hearing officer that their decision was correct.

When should I bring in outside help?

Unfortunately, many schools put up roadblocks for students with dyslexia. District may not evaluate, may evaluate but not be specific enough in the report to find dyslexia, or may offer educational services that are not scientifically tailored to actually help. We have seen IEPS that only look at how fast a child reads, not whether they understand what they are reading. We’ve seen schools deny dyslexia as though it doesn’t exist, or blame behavioral problems on children when the underlying problem is their dyslexia. The school to prison pipeline for struggling readers is tragically all too real.

If your school is putting up roadblocks, consider bringing in a skilled advocate or attorney to help ensure that your child gets the appropriate educational services and accommodations. There is no reason children with dyslexia should struggle to read.

Questions? Call us! 614-745-2001

HOW TO: Be A College Student With A Disability

If you were a student with a disability in elementary, middle or high school and are now in college, you’ve probably noticed a huge difference. Gone are the intervention specialists and teachers who read your IEP or 504 and kept you on track educationally, emotionally or physically. College professors expect you to manage your classes, your student life, everything, on your own. They may never have heard of an IEP or 504, and they may not understand that you may need accommodations. But you do. Still. So what should you do?

You hopefully received in high school what the law calls FAPE – a Free and Public Education. If you had an IEP, it should have been tailored to making sure you received specialized educational services under IDEA – the Individuals with Disabilities Education Act. Or you may have had a 504 plan – accommodations for your disability that you were entitled to based on Section 504 of the Rehabilitation Act of 1973.

Here’s the bad news. Colleges don’t have to provide a Free and Appropriate Education (FAPE) to you. This is because colleges are not subject to IDEA.

However, you still have protections. Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans With Disabilities Act of 2008 prohibit discrimination on the basis of disability in college.   This means that those accommodations you received under an IEP or 504 in high school may still apply in college.

The huge difference between high school and college: you are your own advocate. In high school you had teachers, parents and administrators helping you and advocating for you. You may have gone to your annual IEP or 504 meetings, where a lot of school staff and you and your parents hashed out a plan that was the best fit for you to learn what you needed to learn.

But in college, you are the one who needs to bring up your need for accommodations.

- The "How To" -

1. Identify yourself to the college as a student with a disability. Colleges should have an office responsible for disability services. Check out their website and see what kinds of documentation they require, and what services they routinely offer. For example, Columbus State Community College offers Read and Write Gold for everyone on campus regardless of disability.

2. Get tested, if necessary. The college may need documentation. Colleges can set their own requirements for documentation, and often a copy of your 504 Plan or IEP is not enough to prove that you currently have a disability.

   • Who pays for any testing you may have to get? In high school or below, the school district paid for any evaluations. Colleges are not responsible for paying. If you qualify for your state vocational services, the state may pay. Opportunities for Ohioans with Disabilities (OOD) at http://www.ood.ohio.gov/Core-Services/BVR can help. Otherwise, you are responsible for paying for an evaluation that the college needs to determine if you have a disability.

3. Documentation to show the following:

   • That you have a disability;

   • The disability substantially limits a major life activity; and

   • The disability shows the need for academic adjustments (or accommodations).

     • When don’t you need documentation? A medical diagnosis may be enough for a college, proved that it includes how the disability impairs you as a student. Colleges have leeway in making this determination – you may be required to provide additional documentation.

4. Work with the college in determining which accommodations are necessary for you. It isn’t as simple as showing the college what you got in high school and asking for the same accommodations. Remember, you don’t have the right to specialized educational services. Colleges do not have to give you any accommodation that fundamentally alters the program or result in undue financial burden on college. For example, you may get extra time on a test, but the college won’t have to change the content of the test.

Remember, the person at the disability office is not like your intervention specialist or teacher in high school. The disability officer evaluates your documentation, works with you to figure out which services you need, helps you with arranging services and testing modifications, and deals with any problems that may come up. The officer does not tutor you, give you counseling, or help you manage your time. Depending on the college, other offices may provide tutoring, counseling and other services.

Who pays for aids or services you may be entitled to receive? Colleges cannot require that you pay for them, and they can’t charge you more than non-disabled students. In most cases the college is responsible for aids or services, although colleges don’t have to pay for aids or services that are an undue financial burden on the college.

Finally, you should plan on initiating this process as soon as possible. Don’t wait until after you have struggled all semester in a class! These are proactive accommodations – the point is to help you as problems arise, not give you a pass afterwards. Ask for accommodations before you take the test, write the essay, or do the lab. Be your own advocate. We have encountered issues where colleges were not aware of the disability, no request for accommodations were made by the student, and now the student is facing academic probation or expulsion.

- Think about the following -

• Understand your disability. Be able to explain it clearly to others.

• Acknowledge your areas of strength as well as weakness. We all have them. Own them.

• Make sure you are prepared for the classes. If you are weak in math, take preparatory classes so that when you get to college you can succeed. Take the summer school program in your college. Community colleges are excellent places to take classes, get used to college, and still have a bit of a safety net. Columbus State Community College has excellent disability services. Call them.

• Learn time management and organizational skills. All college students need them, but disabled students often have to work harder and longer than the average student. Make sure that you work smarter, not just longer.

• Finally, do your research when considering colleges. Some colleges are better suited than others for your type of disability. Visit, ask questions, and look at the requirements for the program(s) you are interested in. Don’t waste your time and money in a program that is not a good fit.

If you feel that the college has discriminated against you because of your disability, work with the disability officer. If that doesn’t work, move higher up the chain of command. And if you need someone to advocate for you, contact Albeit Weiker, LLP. We understand higher education and disability law.   You may not be entitled to a free and appropriate college education, but you have legal rights as a student with a disability.

Questions? Call us! 614-745-2001

Starting Point: ADHD

School-aged children with ADHD

Attention Deficit Hyperactivity Disorder (ADHD) is a neurological disorder affecting between 4-12 % of school aged children. It is a deficiency of a specific neurotransmitter called norepinephrine. The ADHD brain matures at a different rate than a typical brain, resulting in a delay of 3-5 years of the frontal cortex area, and a faster than typical motor cortex. Among other things, the frontal cortex is responsible for suppressing inappropriate actions and thoughts, focusing attention, short term memory and the ability to work for rewards. Two thirds of children with ADHD have at least one other co-existing condition such as a learning disability, anxiety, depression, oppositional defiant Disorder, or others. Common symptoms of ADHD are inattention, impulsivity, poor social skills, and poor concentration.

Many children with ADHD are not appropriately evaluated for a disability or accommodations in school. According to the Office of Civil Rights (OCR), ten percent of OCR complaints in the last 5 years have dealt with allegations of discrimination against students with ADHD. Because of this, in July 2016 OCR issued a guidance document for students with ADHD.

The guidance clarifies:

• when a student may be eligible for special education or related services;

• makes clear that even students who perform well academically may have a disability if also substantially limited in major life activities such as such as reading, learning, writing and thinking; and

• reminds schools to provide parents with information regarding due process and how to appeal a decision involving identification, evaluation, or educational placement of students with disabilities.

This guide is available on the Office for Civil Rights’ website at http://www.ed.gov/ocr.

Questions? Call us! 614.745.2001