In the United States, three federal laws provide for public school services and/or accommodations for eligible students who struggle with learning, attention, and a number of other challenges. Many states also provide additional services for students with dyslexia.
This post was written to briefly summarize the laws affecting the education of children with ADHD, dyslexia, learning, anxiety, and mood disorders who attend public school. For more specific information about how your student might qualify for these services, talk to your student’s public school principal.
Response to Intervention
Response to Intervention (RtI) was designed to provide students educational support before placement in special education or other special services. This law allows educators to provide additional assistance above and beyond the regular classroom curriculum for a short period of time. An important part of this process is regular curriculum-based monitoring to see if the student is making progress. Additional information for parents about Response to Intervention is available in a guide from Understood.org.
Special Education
Children and teens with ADHD, anxiety, or mood disorders may qualify under the special education category “Other Health Impairment” (OHI). Children with learning disorders including dyslexia, may qualify for services under the “Learning Disability” category. There are 11 other categories under special education.
To receive services under special education, the student must (1) qualify for services and (2) demonstrate educational need that adversely affects his school work or school behavior. The definition of “educational need” can vary from state to state and district to district, so parents are urged to ask their student’s principal for their district’s definition.
If a student is eligible for special education, his or her Admission Review and Dismissal (ARD) committee prepares an individualized education plan (IEP) that includes opportunity for additional teaching, help in the resource classroom, content mastery support, classroom accommodations and/or testing accommodations. Parents are important members of their child’s ARD committee, and the IEP is developed with the participation of the parents. Once the IEP is complete, parents or the school can request changes, but no changes can be made without a child’s parents being informed.
For additional information about special education, go to the US Department of Education Special Education site. Parents of Texas students, should download and read the Texas Education Agency ARD Guide for Parents.
Section 504
Section 504 is a civil rights law that requires schools not discriminate against children with disabilities by providing reasonable accommodations. Eligibility for Section 504 is based on the existence of an identified condition that substantially limits a major life activity. In the Americans with Disabilities Act Amendments Act of 2008, Congress provided additional examples of general activities that are major life activities, including concentrating, reading, thinking, and communicating.
If a child or teen is eligible, his or her Section 504 Committee must develop a Section 504 plan that includes reasonable accommodations or adjustments for his attention challenges. Section 504 procedures may be different from state to state or district to district. To find out about district or state procedures, parents should contact their public school principal.
For additional information about section 504 read this US Department of Education FAQ article. More information about section 504 is also available from Understood.org.
State Dyslexia Laws
In Texas, children or teens with dyslexia have qualified for research-based remediation and accommodations since 1985. To download the current Dyslexia Handbook, go to Texas Educational Agency’s website. Review this document before talking with your student’s principal to request an evaluation and services for dyslexia.
A number of other states have followed Texas’ example and now provide services for students with dyslexia. If you suspect your student has dyslexia, talk with his or her principal or look for information on the internet using search terms that include the name of your city, state and “public school help for dyslexia” or “dyslexia coordinator.”
The International Dyslexia Association has a page outlining current information about dyslexia services in your state and community.
Which One is Right for Your Child or Teen?
If a child or teen has challenges that significantly hamper his learning, special education offers a wider range of service options. Response to Intervention may provide quicker access to additional services. In contrast, Section 504 provides more flexibility for obtaining accommodations and this is often a more efficient way to obtain needed adjustments for the child who does not need additional teaching to be successful.
Parents are urged to ask your public school principal to consider if your child’s needs are best addressed through either Special Education or Section 504. Ask for any paperwork you need to sign in order to start their evaluation process. Also ask for any paperwork your child’s regular physician may need to sign.
Need Additional Help?
Contact us at 817.421.8780 to set up an appointment for an educational consultation.
IMPORTANT LEGAL NOTICE:
This post is written to briefly summarize the laws affecting the education of children with ADHD, dyslexia, learning, anxiety, and mood disorders who attend public school, and should not be construed as legal advice or a legal opinion. Specific criteria and procedures may be different from state to state, district to district, or school to school . Private schools are not required to meet these criteria. Readers with specific questions should talk to their child’s public school principal.
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Originally posted 9/21/2009. Updated 3/21/2010, 3/15/2015, (c) 2009 – 2015, Monte W. Davenport, Ph.D.
