Before It’s News – by Josey Wales
Our school district is getting extra money for every student that is diagnosed with ADD/ADHD. It is no wonder we have such a sick society. Everyone is on drugs. Our federal education system has been a complete failure. First it was Outcome Based Education, then Goals 2000, then No Child Left Behind and now it is Common Core. It is time to scrap the federal education system and turn back all federal grants. Now is the time for the states to take over the education system. Nowhere in the U.S. Constitution does the federal government get authority when it comes to education. It doesn’t.
Here is a good article to read: How Schools Are Making Big Money On ‘ADD/ADHD’ http://rense.com/general4/addd.htm
Federal Laws Pertaining to ADHD Diagnosed Children
http://www.pbs.org/wgbh/pages/frontline/shows/medicating/schools/feds.html#1
There are two laws under which children diagnosed with ADHD can receive special help in school. Section 504 of the Vocational Rehabilitation Act of 1973, a civil rights law, prohibits programs that receive federal funds from discriminating against children with disabilities and, under certain circumstances, requires school districts to make accommodations for the ADHD student.
The other federal law, the Individuals with Disabilities Education Act (IDEA), mandates that eligible students receive access to special education and/or related services, and that the services are designed to meet each child’s unique educational needs.
Since Section 504 is a civil rights law, its main purpose is to prevent discrimination against disabled students. A disabled person, according to Section 504, is one who:
- Has a physical or mental impairment that substantially limits one or more “major life activities”;
- Has a history of such an impairment; or
- Is regarded as having such an impairment.
Only the first group–those with a physical or mental impairment that limits a major life activity–is entitled to receive educational services or special treatment. Individuals who qualify under the second and third criteria are protected against discrimination, but the school isn’t required to make special educational arrangements for them.
Since learning is considered a major life activity, children who have been diagnosed with ADHD who have demonstrable difficulty learning in school, or whose disability prevents them taking part in another life activity, become eligible under Section 504 for special educational services. (Among other things, “major life activities” include walking, seeing, hearing and speaking.)
This does not mean that the student is evaluated and, if found eligible, placed in special education classes. Students who qualify for Section 504 services must be taught in the regular classroom, unless it is impossible to do so. This law dictates that disabled students cannot be prevented from exercising their rights to a free and appropriate public education. Its objective is to provide accommodations so that these children have an equal chance to compete in their regular classes.
According to the Individuals with Disabilities Education Act (IDEA), if a child has a disability that affects his or her educational performance, then the child may be eligible for special services. IDEA includes 13 categories of disabilities that are protected under the law. So the question of eligibility under IDEA depends on two things: whether the child has a disability that fits in one of IDEA’s 13 categories and whether that disability affects how the child does in school.
When IDEA was being drafted, a fierce debate raged behind the scenes over whether to include ADHD in the list of eligible disabilities. The opponents–including teacher organizations and the NAACP, among others–prevailed and when IDEA was first passed in 1990, it did not include ADHD in its list of disabilities that would qualify people for special educational services. In September 1991, however, after advocates launched an extensive lobbying campaign, the Department of Education issued a Policy Clarification Memorandum directing schools to include ADHD as a covered disability under the IDEA.
Depending on the circumstances, IDEA could cover ADHD under its “other health impairment,” “serious emotional disturbance,” or “specific learning disability” categories. Students who qualify for services under IDEA are entitled to an evaluation and, if it is determined necessary, access to special education services. These services must be designed to meet each child’s unique educational needs, which are set forth in their individualized education program (IEP). Depending on the IEP recommendations set forth for each child, IDEA-eligible students may receive any or all of the following: appropriate special education and related services, such as speech and language services, or psychological services and vocational education; special readers, braillists, typists, and interpreters if necessary; the ability to attend a private school–at no expense to the student’s family–if the student’s educational needs cannot be met through the public school’s special education program.
After a controversial court decision in 1995, IDEA’s guarantee to a private education if public school accommodations were inadequate was tested when the law was amended in 1997. When Jeremy Wartenberg, a ninth-grader at Capistrano High School in southern California, flunked every course from gym to math, his parents attributed his educational failures to ADHD and Jeremy was afforded protection under IDEA. The school district set up one-on-one tutorials, but Wartenberg’s performance didn’t improve. After the school district attributed his problems to bad behavior and reduced his one-on-one tutorials, the Wartenbergs yanked their son out of the public school system and placed him in a private school. They then sued the school district for reimbursement of the $20,000 annual tuition. On July 5, 1995, the 9th U.S. Circuit Court of Appeals ruled that the district must pay the tuition, plus an additional $360,000 for the family’s attorney fees. While the IDEA amendments of 1997 upheld a student’s right to attend a private school, strict eligibility requirements were put in place, and families were no longer automatically reimbursed for their legal fees.
Section 504’s eligibility requirements are less strict than IDEA’s, so it would potentially cover more children affected by ADHD, especially those whose symptoms are less severe. But since Section 504 is a civil rights law, it protects mostly against discrimination; it does not attempt to define the specific criteria necessary for eligibility, nor does it provide guidelines for creating an IEP. IDEA, on the other hand, does both. As such, the services afforded under Section 504 aren’t nearly as expansive as those guaranteed under in IDEA.
Schools often prefer that a child be served under Section 504 because it allows them more latitude in determining what services must be offered, and the necessary administrative procedures aren’t as extensive. Oftentimes families, however, prefer that their ADHD child win IDEA eligibility because it offers a wider range of options, including access to special education classes and programs that are guaranteed funding. Section 504, on the other hand, provides for no additional financial support.
Perhaps the most distinct difference between the two laws, however, lies in their definitions of a “free and appropriate public education.” Since Section 504 is a non-discrimination law, it defines an appropriate education as one that meets that needs of a disabled student as adequately as it meets the needs of students without disabilities. By contrast, IDEA defines an appropriate education as one that addresses the unique educational needs of an eligible student.
NICHCY Briefing Paper: Questions Often Asked by Parents About Special Education Services
The National Information Center for Children and Youth with Disabilities (NICHCY) is a national information center for disability-related issues. This FAQ answers the most basic questions, such as “What is special education?” and “How do I find out if my child is eligible?” in addition to less obvious questions such as “What is an Individualized Education Program?” and “Does the school need my permission to collect additional information about my child?”
Providing an Appropriate Education to Children with Attention Deficit Disorder
ERIC is one of several data clearinghouses operated by the Department of Education. This is a concise 4-page report on both Section 504 and IDEA, originally drafted by the Council for Exceptional Children.
CHADD’s Legislative Action Center
CHADD is the major national advocacy group for children and adults with ADHD. Its Legislative Action Center offers an exhaustive resource section for those interested in knowing about legislation being considered in the U.S. Congress which may affect those diagnosed with ADHD.
This article is just in time for me. I have a (SAT) meeting with my child’s teacher and counselor in two days. I KNOW they are going to ‘recommend’ drugs.
They will get an emphatic NO!!
(SAT– Student Assistance Team…includes parents, guardians, the principle, counselor, nurse, social worker, and … {drum-roll please}..psychologist)
If they persist, they will get a fight..legal or physical, whichever they prefer…I prefer that they follow my wishes without conflict…but the answer will still be no. And uhhhhh, I don’t have a lot of faith in a ‘legal’ system that ‘legally’ likes to kill children….basically for that almighty effin dollar. So I don’t see this meeting going well…as I am ADAMANT that my child will never take one of these brain poisons. I’m not radical about it, and I have massive amounts of common sense, along with assuredness of the values I have for my family’s well-being..especially my children…but I’m not going to let them stomp all over my parental wishes in ANY way shape or form.
Ill let y’all know what was said and ‘recommended’ for my child….for being a child. Basically, it’s not really ‘behavior’ problems, although he has had a few accidents while playing a little rough when he shouldn’t have. Typical active child.
I think it’s going to be along the lines of classroom activities…he has had a problem of not paying attention and not keeping his desk ‘neat at all times’. The major issue will most-likely be the homework issue…he DOES have a problem with not wanting to do assigned homework, and not doing the correct homework on occasion. Some of that lies on me at home…I am well aware of that, and do what I can. However, I’m about to see how they are going to try to twist that ALL around, and take the heat from their duties as teachers…especially since I have asked on numerous occasions to coordinate some kind of plan with me to alleviate this dilemma. Instead..I get ‘the notice’ to attend this (SAT– Student Assistant Team) meeting.
Oh..and they must know what they are going to discuss, and how it will conclude…because it says ” The meeting will last 20 minutes”. Not MAY last 20 minutes…not will last APPROX 20 minutes… oh no. WILL last 20 minutes.
It’s like…they KNOW how long it takes to discuss issues involving ALL of these ‘professionals’ huh?
Yeah…plenty of practice!!
They are in for a rude awakening if they think I’m staying on that railroad track with them*grin*.
It also, the way it reads, leads me to believe that the meeting will take place, regardless of attendance from me.
Oh….I’m going. You can bet your ass on that!
~Blessed Be to all~
Whizerd67: You tell those child killers to stick their toxic meds where the sun don’t shine.
If that doesn’t work, cram them down their throats until they expire.
You’d be doing humanity a great service.
I questioned why most ADD diagnosis were attached to boys than girls in my district. then I found out the director of special Education was a man hating lesbian.
whizerd67…at this meeting ..request a independent evaluation. and watch them cringe. also call your state child protection and advocacy center. they love to attend these meetings in your childs behalf. Rammler and woods out of middlefield CT. give them a call and ask them if they can direct you to a likeminded evaluator in your state. always remember whizerd , their evaluators are on THEIR payrolls. THEY SAY WHAT THEY ARE PAID TO SAY. oh by the way….they have to pay for the indendent evaluation as well…..hehehe
To hell with the states being involved with education too. Just get rid of mandatory education and give the kids their share of the spoils when they turn 18 if they manage to get their GED on their own. The amount spent by the state on the average k-12 education is more than enough to buy every graduating student a house, pay for a Harvard education or give them the start-up capital to start their own business. Everything taught in school now is on the internet for free and then some.
Yes most states play right along with the dumb us down model. Home school all children you LOVE folks. Start with the US Constitution; proceed to the concept of tyranny and treason; keep going with a little math, a treasonous executive plus a treasonous congress plus a sold out judicial equals a screwed we the people. This MUST be taught at home.
“First it was Outcome Based Education, then Goals 2000, then No Child Left Behind and now it is Common Core.”
God bless you people for exposing the damned decades of jewish communism!