Reply to MCPS Discriminating Against Children with ADHD

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Reply to "MCPS Discriminating Against Children with ADHD"

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[quote=Anonymous]I am so frustrated with MCPS right now.  I am on the verge of filing both a Due Process Complaint and an OCR Complaint because they continue to systemically discriminate against my child with ADHD.  To protect my child, I have paid large sums of money for private evaluations, medical treatment, and private services over the years.

Most recently, despite a medical diagnosis of ADHD and previous private evaluations, the school psychologist said my child no longer met the DSM 5 criteria for ADHD.  I took the MCPS data, along with meeting notes and prior reports to a private Ph.D. psychologist who confirmed the school psychologist did not properly follow the DSM 5 criteria, and yes my child does have ADHD.  All on my dime.  But yes, the school still wants to take away his accommodations and not provide any services to address his needs.

Are there other parents out there in a similar boat?

Today, I came across this July 2016 OCR Dear Colleague Letter that highlights many of the pitfalls of how school systems like MCPS discriminate against children with ADHD.  Over the past 5 years, 1 out of 9 complaints the OCR receives is for children with ADHD.

https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201607-504-adhd.pdf

Letter and handbook highlights for public school systems:

1) Child Find - Identifying ADHD

2) Both 504 and IDEA includes the right for a Free Appropriate Public Education (FAPE).  If a child with ADHD needs specialized instruction to address needs (ie. teach organization skills or self advocacy skills) then specialized instruction should be provided.  A 504 Plan can include services provided under IDEA.

3) Mitigating measures (ie. medication, extra tutoring, or extra effort by child) is not a basis for exclusion.

4) Scope of 504 is much wider than IDEA.  Exclusion of IDEA does not mean a child does not qualify for a 504 Plan.

5) Clinical diagnosis of ADHD creates a presumption of eligibility.

6) High academic performance does not exclude eligibility.

7) Inattentive kids should not be ignored

8) Response to Interventions (RTI) should not delay identification [/quote]

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