ERIC ED378750: ADHD--New Legal Responsibilities for Schools. Policy Briefs.

9 Pages·1994·0.3 MB·English

by  ERIC

DOCUMENT RESUME
EC 303 647
ED 378 750
Gregg, Soleil
AUTHOR
ADHD--New Legal Responsibilities for Schools. Policy
TITLE
Briefs.
Appalachia Educational Lab., Charleston, WV. State
INSTITUTION
Policy Program.
Office of Educational Research and Improvement (ED),
SPONS AGENCY
Washington, DC.
PUB DATE
94
CONTRACT RP91002002
NOTE
9p.
PUB TYPE
Guides
Collected Works
Serials (022)
Non- Classroom Use (055)
EDRS PRICE
MFO1 /PCO1 Plus Postage.
*Attention Deficit Disorders; *Compliance (Legal);
DESCRIPTORS
Educational Legislation; *Educational Policy;
Elementary Secondary Education; Federal Legislation;
Government Role; *Hyperactivity; Inclusive Schools;
*Legal Responsibility; Mainstreaming; School
Districts; School Policy; School Responsibility;
*State Departments of Education; State Government;.
Student Rights
ABSTRACT
Children with attention deficit hyperactivity
disorder (ADHD) are provided for under three federal statutes: the
Individuals with Disabilities Education Act (IDEA), Part B; Section
504 of the Rehabilitation Act of 1973; and the Americans with
Disabilities Act of 1990. State education agencies have ultimate
responsibility for providing a free appropriate education for
students with this disability by providing services directly, by
contracting for services, or by delegating responsibility to local
education agencies. To meet legal requirements, schools must identify
and provide services for eligible children, educate children with
ADHD along with nondisabled children to the extent possible,
eliminate practices and policies that allow disabled children to be
suspended or expelled for more than 10 days for behavior associated
with their disability, and follow procedural safeguards outlined in
IDEA. Because state education agencies are responsible for school
oversight, a state's education policymakers have a clear mandate to
formulate policy and develop a state plan for educating disabled
children with ADHD and
students. To prevent school failure for
the policy and plan are known
unnecessary lawsuits, they must be sure
Questions that policymakers
and implemented in the state's schools.
students with ADHD are
need to ask about providing services to
Virginia, and West Virginia
listed. Efforts in Kentucky, Tennessee,
to train regular education teachers to educate children with ADHD are
described. (Contains 15 references.) (JDD)
***********************************************************************
Reproductions supplied by EDRS are the best that can be made
from the original document.
*****************************************************.c*****************
Policy Briefs
VMS
A publication of the
APPALACHIA EDUCATIONAL LABORATORY
STATE POLICY PROGRAM 40, 1994
U.S. DEPARTMENT OF EDUCATION
Office of Educational Research and Improvement
EDUCATIONAL RESOURCES INFORMATION
CENTER (ERIC)
document has been reprr duced as
121s
schools' legal obligation to locate,
and they can be helped to succeed
received Nom the person or organization
crogrnahng it
identify, and evaluate children sus-
in school. In fact, the school sys-
0 Minor changes have been made to improve
reproduction quality
pected of having this disability
tem is legally obligated to locate
Points of view or opinions stated in this docu
(known as "child find"), and also
and evaluate children who have
men! do not neCeSSanly represent ott.c.al
OERI positron or policy
to provide a free appropriate edu-
this disorder, and if the children
cation and needed services for those
are found to be eligible, to provide
ADHD
To be eligible
special education and /or related
who are eligible.
services to meet their needs.'
under Part B of IDEA, "a child must
NEW LEGAL RESPONSIBILI I IES
having one or
Unfortunately, many teachers,
be evaluated .
. as
.
administrators, and other school
more specified physical or mental
FOR SCHOOLS
based professionals have had little
impairments, and must be found
opportunity to learn about the dis-
to require special education and
order, how to identify and treat it,
related services by reason of .
. .
In other
or their legal responsibilities to do
these impairments."'
so. Their lack of knowledge may
words, a diagnosis of ADHD is not
put children with ADHD at risk of
enough to qualify a child for spe-
school failureand may expose
cial ed ucation servicesthe ADHD
schools to lawsuits
must impair the child's ability to
benefit from education.
he class clown, the space
The memorandum specifies that
<To,
cadet, the rude or disre-
children with ADHD may be eli-
FEDERAL STATUTES
spectful teenager, the
gible for special education services
"children described as
Children with ADHD are cov-
under three categories defined by
immature, unmotivated, lazy, in-
ered by three federal statutes: the
IDEA: (1) other health impaired,
For
consistent, irresponsible"'..
Individuals with Disabilities Edu-
.
(2) specific learning disability, and
years, teachers, principals, and par-
cation Act, Part B (IDEA); Section
(3) seriously emotionally distutbed.
ents have tried and failed to
504 of the Rehabilitation Act of
Other health impaired. The
motivate and discipline these chil-
1973; and the Americans with Dis-
dren. Ultimately, they blame the
memorandum from the Depart-
abilities Act of 1990 (ADA). The
children themselves for their school
ment of Education states: ".
.
U. S. Department of Education has
.
failure, saying they just don't try
children with ADD should be clas-
the legal authority to interpret and
hard enough or care enough to
sified as eligible for services under
enforce IDEA, and the Office of
the 'other health impaired cat-
study and behave.
Civil Rights in the Department of
Recent medical research sug-
egory' in instances where the ADD
Education interprets and enforces
gests that many of these cl-j1 ..en
. problem
is a chronic or acute .
the provisions of Section 504 and
.
may not be unmotivated, lazy, or
that results in limited alertness,
ADA that pertain to education.
Instead, they
irresponsible at all.
which adversely affects educa-
Children
may suffer from a neurobiological
tional performance."
IDEA
disorder called attention deficit
may receive services "solely on the
To clear up confusion regard-
hyperactivity disorder (ADHD),
basis of this disorder," without hav-
ing services to children with ADHD
ing to also qualify under other
under provisions of IDEA and Sec-
categories, if the ADHD is severe
tion 504, the Department of Educa-
ADHD attention deficit hyperactivity disorder, also called ADD
enough to cause educational im-
tion issued a Policy Clarification
characterized by excessive
or hyperactivityis a behavior disorder
pairment.'
Memorandum in 1991 that defines
degrees of inattention, impulsivity, and/or hyperactivity.
2
Section 50
Specific learning disability.
Children may qualify for ser-
Children with ADHD may qualify
STATES' RESPONSIBILITIES
vices to the handicapped under
for special education in this cat-
State education agencies (SEAs)
Section 504 of the Rehabilitation
egory if they have coexisting
have oversight responsibility for
Act of 1973 if their ADHD sub-
specific learning disabilities, al-
special education. To receive fed-
stantially limits a major life activity,
though, in some cases, ADHD
eral funding under IDEA, SEAs
such as learning. Section 504 pro-
alone may cause a child to meet
must demonstrate to the U. S. Sec-
hibits programs that receive
the criteria for this category.
In
retary of Education that the
federal dollars from discriminat-
defining sj. ecific learning disabili-
following eligibility requirements
ing against individuals with
ties, federz 1 statutory language
are met:
It requires public
disabilities.
includes tha term "minimal brain
schools to make accommodations
state policy must provide all dis-
dysfunction," which is an earlier
for eligible handicapped children,
abled children the right to a free
name for ADHD. Brain imaging
whether or not they qualify for
appropriate public education,
studies underscore this category's
special education services under
continuing applicability and rel-
the state must submit a plan
IDEA. Section 504 could therefore
evance for children with ADHD.3
detailing policies and proce-
provide modifications for children
dures to assure that federal
Seriously emotionally dis-
with ADHD in regular classrooms,
funds are spent in ways consis-
such as help with note taking and
turbed.
Children with ADHD
tent with IDEA,
sometimes have coexisting emo-
tional problems that qualify them
the state plan must contain pro-
for special education services. To
cedural safeguards as specified
teachers
must be
.
. .
. .
.
in IDEA,
be eligible under this category for
able to recognize
ADHD alone, a child must exhibit
the state plan must assure that
one or more of the following char-
special education students are
ADHD's symptoms,
acteristics "over a long period of
educated in regular classrooms
and know school
time and to a marked degree,
to the extent possible, and
which adversely affect educational
procedures for referral
the state plan must assure that
performance": an unexplained in-
esting and evaluation materi-
and evaluation.
ability to learn, unsatisfactory
als and procedures are not
personal relationships with teach-
+
culturally or racially biased.''
ers and peers, inappropriate
behavior and feelings, general de-
The states also have ultimate
changes in assignments and test-
pression, and physical symptoms
responsibility for providing a free
ing procedures.
or fears resulting from personal or
appropriate education to disabled
school problems.'
students. They may choose to do
ADA
Part B of IDEA requires schools
this one of three ways: by provid-
The Americans with Disabili-
to find children with ADHD, to
ing services directly, by contracting
ties Act prohibits discrimination
evaluate their unique educational
for services, or by delegating re-
against individua's with disabili-
needs with a multidisciplinary
sponsibility to local education
ties at work, at school, and in pub-
team that includes a teacher and a
agencies (LEAs).
Usually, LEAs
lic accommodations, and is not
specialist in the area of suspected
have the direct responsibility to
limited (like Section 504) to those
sability, and to provide eligible
implement state policies and to
organizations and programs that
disabled students a free appropri-
provide an appropriate education
receive federal funds.' ADA re-
ate public educationincluding
as described in a child's individu-
quires schools to make reasonable
alized education plan (IEP).
special education and related ser-
accommodations for handicapped
vicesin accordance with an
However, if the LEA fails to do so,
persons, ai .d it applies to both pub-
lic and private nonsectarian
states must assume this responsi-
individualized education program
bility, either directly or through
schools, from day care to graduate
(IEP) designed specifically for each
contracts with others.
child.
school.'
2
Implementing Legal
supervisors, parents, and profes-
because they felt its achievement,
Requirements
goals were inadequatefour
Finally, teachers must
sionals.
To meet legal requirements,
know a variety of academic and
months' progress in reading over
schools must (1) identify and pro-
behavioral strategies to help chil-
the course of one school year."
vide services for eligible children
dren with ADHD succeed in the
Although this decision does not
with ADHD needing special edu-
rr.-tan that parents can expect
classroom.
cation; (2) educate children with
ack of teacher training in in-
school districts to reimburse them
ADHD with nondisabled children
tervention strategies is potentially
for unilaterally placing their chil-
to the extent possible; (3) eliminate
dren in private schoolsin the
tragic for students, who may fail
practices and policies that allow
because their teachers don't know
Carter case, the court ruled that
disabled children to be suspended
how to help them learn? It could
the public school placement vio-
or expelled for more than 10 days
lated IDEA and the private
also expose SEAs and LEAs to law-
for behavior associated with their
placement was proper under
suits on grounds of educational
disability, or deny education ser-
malpractice,8 or to costly reim-
IDEAit does present two options
vices during any suspension or
bursement of private school tuition
to schools wishing to avoid such a
expulsion; and (4) follow the pro-
to parents who remove their chil-
possibility:
cedural safeguards outlined in
dren from public schools.
provide the child with a free,
IDEA.
appropriate public education
Identifying and providing ser-
in the school system which
Lack of teacher
-vices for disabled children. Iden-
meets the needs identified in
tifying and providing services for
the IEP; or choose a placement
training
could also
.
. .
for the child which is appro-
eligible children with ADHD re-
expose SEAs and LEAs
priate.'2
quires specialized knowledge in
many areas. To be able to provide
to lawsuits on srounds
Some advocates of special edu-
an appropriate education to all dis-
cation law consider this a landmark
of educational
abled children, LEAs and educa-
case. The Florence County School
tors first must know that children
District--arguing that the ruling
malpractice
. .
. .
with ADHD whose education is
could mean financial disaster for
adversely affected by the disorder
public schools was supported by
may be eligible for services under
17 states and many prestigious na-
The Supreme Court ruled
IDEA or Section 504.
tional organizations, including the
Because teachers play a major
unanimously in Florence County
National Governor's Association,
role in identification, they must be
School District No. 4 v. Carter that
the National School Boards Asso-
able to recognize ADHD's symp-
courts can order school districts to
ciation, the National Association
reimburse parents for private
toms, and know school procedures
of State Boards of Education, the
for referral and evaluation. Evalu-
school tuition and related expenses
National League of Cities, and the
ators should make sure that
if the public schools fail to provide
U. S. Conference of Mayors.'° The
an appropriate education.' The
evaluation is free of racial, cultural,
decision "widens parental options,
and gender bias. Otherwise, poor
case involved reimbursing $36,000
while potentially leaving school
in private school expenses to the
children and minorities, including
districts holding the bill."'
African Americans and Hispanics,
parents of Shannon Carter, a teen-
The Supreme Court's ruling is
may be overidentified as having
ager with a learning disability and
a wake-up call for school districts
either ADHD or coexisting condi-
ADHD. School evaluations at first
nationwide: few teachers and few
tions such as oppositional /defiant
failed to identify either condition
schools presently know how to
and misdiagnosed Shannon as
and conduct disorders, while girls
appropriately educate children
"lazy, unmotivated, and a slow
may be underidentified.6
with ADHD. One survey of teach-
learner" who should "work
Teachers must know school
-
ers" revealed that 85 percent had
harder."'° After the child's prob-
policies for administering the medi-
taught children with ADHD, but
lems were finally identified mid
cations that are sometimes part of
iiiajority had received nc train-
tl
she was found to be eligible for
ADHD's multirnodal treatment,
ing to do so. Of those who claimed
special education services, her par-
how to monitor the effects of medi-
specific training, the majority had
ents reiected the school's IEF
cation, and how to report effects to
3
4
the parents disagree with that de-
and SEAs at risk of litigation for
received a maximum of three clock
termination and request a due pro-
fallure to provide an appropriate
hours, and only 16 percent had
cess hearing, the child must remain
public education. This is impor-
been trained to use a variety of
for school
tant information
in the current placement, with sus..
techniques.
pension or expulsion delayed, un-
disciplinary officers, since children
til hearings are completed. In any
with ADHD frequently exhibit d is-
case, educational services must not
ruptive, oppositional, or defiant
educational services
.
.
.
be stopped for disabled children
behavior, and have been found to
must not be stopped for
during suspension or expulsion,
have high rates of suspension and
whether or not the cause for disci-
expulsion.
disabled children
pline is related to the disability (U.
The U. S. Supreme Court, in
during suspension or
S. Department of Education, OSEP,
Honig v. Doe, ruled that IDEA pro-
letter, July 14, 1993).
hibits state or local authorities from
expulsion
.
The Office of Special Education
excluding disabled children from
Programs in the U. S. Department
the classroom for disruptive or
of Education has alerted schools
even dangerous behavior associ-
Including disabled children.
that "repeated discipline problems
ated with their disabilities. In this
IDEA's requirement that special
may indicate that the services be-
ruling, the Court supported
education students be included in
ing provided to a particular child
Congress's intent "to strip schools
regular education classrooms to the
should be reviewed or changed,"
of the authority to disclude dis-
extent possible has blurred the dis-
and suggests that inschool tech-
abled students," particularly
tinction between regular and
niques be included in the IEP to
students who are emotionally dis-
special education and placed new
address behavior related to the dis-
turbed.'
now all
demands on teachers:
ability.' A separate disciplinary or
Schools do have some recourse
teachers need to know how to edu-
behavior plan in the IEP or Section
they may sus-
in serious cases:
cate all students. The Department
504 plan can make life easier for
pend disabled students for up to
of Education memorandum' re-
both the student with ADHDas-
10 days, during which time they
minds state and local education
sociated behavior problems and
may begin a review of the child's
agencies of their responsibility for
IEP, try to persuade parents to ac-
assuring that teachers have the
cept a temporary, alternative
needed training and support:
for
. consequences
. .
placement in the least restrictive
SEAs and LEAs should take
environment, or appeal to the
unacceptable behavior
the necessary steps to promote
courts to remove a dangerous child
coordination between special
need to be immediate,
from the school. However, exclu-
and regular education pro-
sion of a child from class for more
grams. Steps should also be
related to the offense,
taken to train regular educa-
than 10 days is considered a change
and nonpunitive.
tion teachers and other per-
of placement and cannot occur un-
sonnel to develop their
til a determination is made as to
awareness about ADD and its
whether the child's behavior is re-
manifestations and the adap-
An effective plan
the school.
lated to the disability.
tations that can be imple-
should stress prevention and in-
If the misconduct is related to
mented in regular education
clude alternatives to outofschool
programs to address the in-
the disability, the child cannot be
suspension and expulsion. For in-
structional needs of these chil-
suspended for more than 10 days,
stance, an analysis of a child's
dren.'
but a review and a change of place-
behavior pattern might show that
ment can be made and imple-
Suspending and expelling dis-
most incidents occur during un-
mented in an alternate, least
abled children.
Schools that
structured school time, such as
suspend or expel students with
restrictive environment, according
recess, changing classes, assem-
If the
ADI-ID for more than 10 days for
to procedural safeguards.
Preventative
blies, or lunch.
misconduct is determined not to
behavior associated with their dis-
strategies in this case might include
ability, or stop education services
be related to the disability, the child
assigning constructive activities to
during any suspension or expul-
can receive the school's usual dis-
keep the child busy and occupied,
ciplinary measures. However, if
sion, may be putting their LEAs
4
it does mean making allow-
or placement. The failure of an
such as lunchroom responsibilities
ances.
or office work; seating the child
education agency to follow the
near the teacher during assemblies;
procedures set forth in IDEA, such
Following procedures. IDEA
or escorting the child to classes.
as parent notification or due pro-
is heavily procedural and includes
Closer monitoring of the child dur-
cess, is sufficient reason to rule that
safeguards to ensure parental par-
ing free time may be needed,
a disabled child has been denied
School districts must
ticipation.
an appropriate public education.5
provide written notice to parents
before, identifying, evaluating, or
punishment for
placing children, or changing an
.
identification, evaluation, or place-
behavior beyond the
ment. Similar notice must accom-
Because state education agen-
child's control is both
pany any change in the provision
cies are responsible for overseeing
of an appropriate public education
unhelpful and
IDEA and Section 504 in the state's
for a child. Both parents and
schools, and actually providing
inappropriate.
schools can initiate due process to
free appropriate education if local
evaluate differences in evaluation
education agencies fail to do so, a
accompanied by frequent positive
QUESTIONS POLICYMAICERS NEED TO ASK ABOUT
feedback for acceptable behavior.
Alternatives to outofschool sus-
PROVIDING SERVICES TO STUDENTS WITH ADHD
nension might include after
,chool detention, community ser-
What evidence exists that
vice, or service to the school.
Because children with ADHD
all school districts within the state locate and provide special education or
are generally unresponsive to re-
Section 504 services for eligible children with ADHD?
inforcements and punishment,
consequences for unacceptable be-
teachers and staff know how t.; identify, evaluate, and provide an appro-
havior need to be immediate,
priate education and/or educational adaptations for eligible children with
to the offense, and
related
nonpunitive. Also, since children
ADHD?
with ADHD are unable to gener-
all local school districts provide alternatives to outofschool suspension
alize behavior learned in one
situation to other situations, the
or expulsion and continue educational services in the least restrictive envi-
IEP should target specific behav-
ronment to suspended or expelled disabled students?
iors for the particular situations
the child encounters during the
the state's schools of education address the needs of disabled students in
school day.
the general education curriculum, so that all future teachers know how to
Children with ADHD need to
teach all students?
be taught that they are account-
able for their behavior, but
regular classroom teachers who have students with ADHD have adequate
punishment for behavior beyond
classroom support, such as classroom aides, lower pupilteacher ratios, and
the child's control is both unhelp-
ful and inappropriate.
resources to help them meet special education needs?
As
Accardo's says so well:
regular and special education programs are coordinated to provide a con-
The first thing to accept about
tinuum of services for students and support for teachers?
a child who has ADHD is that
this child's brain functions
the state plan for educating disabled students with ADHD is working,
differently. We won't be able
to change how the brain func-
indicated by improved academic achievement; lower dropout, suspension,
tions, so we must modify our
and expulsion rates; and fewer legal complaints?
expectations. This does not
mean lowering expectations;
Zirkel, P. A. (1994). A somewhat
Latham, P. S., & Latham, P. H.
9.
state's education policymakers
3.
ironic decision. Phi
Delta Kappan,
Attention deficit disorder and
(1992).
have a clear mandate to formulate
Washington, DC: JKL
(6), pp. 497- 499.
the law.
75
policy and develop a state plan for
Communications.
10. Wright, P. (1994). Carter txt. ADD
educating disabled students. To
Forum: CompuServe.
Miles, S. A., & Capel, C. A. (1993).
4.
prevent both school failure for chil-
Caring for children and adults:
(1993, October
11. Associated Press.
The Americans with Disabilities
dren with ADHD and unnecessary
Parents want repayment for
6).
(1),
People and Education, 1
Act.
lawsuits, they additionally must be
special school.
Charleston Gazette,
pp. 6-15.
sure the policy and plan are known
p. 6A.
5. Tucker, B. P., & Goldstein, B. A.
and implemented in the state's
12. Wallace, L. (1994, April). Bench-
Legal rights of persons with
(1992).
marks: The role of private schools
schools.
disabilities: An analysis of federal
arid special ed.
Tennessee School
Horsham, PA: LRP Publica-
law.
p. 31.
Boards Association journal,
tions.
(1993, Nov. 16). Supreme
Staff.
13.
NOTES
6. McKinney, J., Montague, M., &
court backs parents in Carter.
The
Hocutt4. (1993). A synthesis of
special supple-
Special Educator,
the research literature on the as-
1. Busch, B. (1993). Attention deficits:
ment.
sessment and identification of
Current concepts, controversies,
attention deficit disorder.
Educa-
management, and approaches to
14. Hawkins, J., Martin, S., Blanchard,
tion of children with attention deficit
K., & Brady, M. (1991). Teacher
classroom instruction.
-Annals of
Washington, DC: U. S.
disorder.
perceptions, beliefs, and interven-
pp. 5-25.
Dyslexia, 43,
Department of Education.
tions regarding children with
2. Davila, R., Williams, M., &
attention deficit disorders.
Action
7. Marks, R. (1993, August 27).
MacDonald, J.
(1991).
Memoran-
(2), pp.
in Teacher Education, XIII
Teachers want reform and train-
dum to chief state school officers re:
52-59.
p. 5A.
ing.
Charleston Gazette,
Clarification of policy to address the
15. Accardo, P. (December 1991-Janu-
needs of children with attention defi-
8. Essex, N. L., & Schifani, J. (1992).
cit disorders with general and/or
ary 1992). My child has an attention
Attention deficit disorder and the
deficit disorder. Now what?
Washington, DC:
PTA
principal.
71 (4), pp. 30,
special education.
Principal,
U. S. Department of Education.
(3), pp. 17-19.
Today, 17
32.
COMING SOON
Policymakers faced with
fects, how it affects school per-
ment policy about students with
formance, and what teachers
ADHD, AEL has brought to-
new federal mandates need the
and parents can do to help.
gether the latest understanding
tools to lead the debate on how
of ADHD in a set of informa-
to serve students with ADHD.
Need more information
However. much information
tional documents, beginning with
about ADHD?
available to decisionmakers
Policy Briefs: ADHD -New Legal
Call Soleil Gregg at AEL,
Up-
maybe incomplete, conflicting,
Responsibilities for Schools.
coming companion pieces will
or out of date. To aid those
304 /347-0485
who must make and imple-
discuss ADHD's causes and ef-
800 /624 -9120.
6
EDUCATING ALL CHILDREN IN AEL'S REGION
Because IDEA calls for educat-
wide telecasts on ADHD as part of
information on identification, as-
ing disabled children in the "least
a comprehensive effort to inform
sessment and referral, medication,
restrictive environment," children
teachers, administrators, and par-
and academic and behavioral in-
diagnosed with ADHD often re-
ents about the disorder, and has
tervention strategies.
regular education
main
in
made videotaped copies available
as a training and information re-
classrooms, even if they qualify for
special education or 504 plans.
source. On each tape, a panel of
ACROSS THE REGION:
experts discusses aspects of
However, many regular education
RECENT BILLS AND RESOLUTIONS ON ADHD
ADHDidentification; referral
teachers feel unprepared to handle
and assessment; and academic,
this new responsibility, and have
Recognizing that "nearly 80 .percent of students
behavioral, and medical interven-
requested more training and class-
identified as having ADD drop out of school," the
room support to help them meet
tionsand answers questions from
Virginia General Assembly issued Senate Joint
callers at local sites. The depart-
the special needs of these students
Resolution No. 146 (1994) this past January. The
and others with disabilities.
ment is working on a ..eries of eight
resolution requests that teachers and administra-
new videotapes to provide in-
Efforts are underway in AEL's
tors in the state's school divisions "... assist children
depth information, especially
four-state Region to help regular
suffering from ADD, with the goal of helping
education teachers successfully
about academic and behavioral in-
educate all children, including
terventions. One of the planned
these children reach their potential and reducing
those with ADHD. All four states
tapes will focus on issues of con-
the number of students who drop out of school."
offer training on ADHD and all
cern to parents.
Kentucky House Bill 893 includes attention deficit
four have collaborative systems in
Tennessee's videotapes are de-
and attention deficit hyperactivity disorders as
place to help classroom teachers
signed to help regular education
conditions that may require special education ser-
meet children's academic needs
teachers better serve children with
vices under the "other health impaired" category.
and address behavioral problems.
ADHD. The two tapes feature Dr.
Virginia has also added ADD to the "other health
Robert Hunt, professor of psychia-
Training
try at the Vanderbilt School of
impaired" category in state regulations.
The state departments of edu-
Medicine, who delivers four 30-
The Tennessee Education Association passed a
minute teaching segments on
cation in Kentucky, Tennessee, and
resolution to "encourage local affiliates to work
Virginia have produced video-
recognition and diagnosis; educa-
with local school boards in educating all school
tapes to provide training about
tional interventions; medications,
personnel in recognition of symptoms and proper
state
teachers.
to
ADHD
including effects teachers should
diagnosis of Attention Deficit Disorders (ADD)
Kentucky's videotape was devel-
report to doctors and parents; and
and all aboi It educational modifications and alter-
oped with the assistance of experts
neurobiological differences in brain
native disciplinary measures for children with
from the University of Kentucky.
function that -.ruse ADHD symp-
The tapewhich features students
toms. To provide information to
ADD and related disorders ..."
L
with ADHD in classroom set-
schools across the state, Tennessee
tingsis divided into four parts:
added a chapter on ADHD this
year to its new special education
identification, assessment, medica-
Classroom assistance through
manual. The state department of
tion and family interventions, and
collaboration
education has used the new
teaching strategies and classroom
Since school reform legislation
management. An accompanying
manual to provide inservice train-
has decentralized school gover-
training manual provides addi-
ing to special educators, school
nance in Kentucky, schools are free
tional information and resources. psychologists, and district office
to design their own support sys-
staff in most of the state's school
The state department of education
tems to assist teachers.
Schools
invited representatives from each
districts.
generally choose one of two mod-
teams or
collaborative
of the state's local school districts
The West Virginia Department
els:
consultation. Collaborative teams
of Education, on request, provides
to participate in a training-of-train-
teacher training on a variety of
pull together regular and special
ers session to learn how to use the
topics to all of the state's local
education teachers and relevant
videotapes and manual to train
support personnel to plan instruc-
school districts.
Several counties
others in their local districts
tion and develop intervention
The Virginia Department of
have requested and received train-
ing on ADHD, which includes
strategies. The consultation model
Education presented four state-
8
may represent the child in obtain-
teachersto help teachers meet
uses the special education teacher
ing appropriate services prior to
the needs of students not served
as a consultant to regular educa-
and throughout due process pro-
tion teachers, as needed. To help
by either special education or 504
cedures, including representation
prevent problems with behavior
plans.
in state and federal courts. There
and discipline for children with
Virginia has established build-
ADHD, IEP teams can review a
are no attorney fees for this service.
ing-level Child Study Committees
West Virginia's Policy 2419:
school's code of conduct with re-
to help teachers meet the needs of
gard to the child's disabilities, and
Regulations for the Education of Ex-
all students having problems at
specify in the IEP how to meet
ceptional Students (1992) provides
After reviewing current
school.
school-based assistance teams to
behavioral needs and handle in-
existing information about the
help regular educators meet the
fractions.
child's problem, the committee
To help schools appropriately
needs of special education students.
may develop an latervention plan
address the behavior and disci-
Team members include the build-
to address both academic and be-
pline of children with ADHD, and
ing principal, the classroom teacher,
havioral concerns. The plan may
and other appropriate professional
to disseminate the information as
include a referral for evaluation to
Teams examine problems,
quickly as possible, the Tennessee
staff.
determine if the child needs spe-
recommend alternative instruc-
Department of Education is pro-
cial education and related services,
viding technical assistance to
tional and / or behavioral strategies
and, if the child is found to be
teachers through a training-of-
for classroom implementation, and
eligible, both academic and behav-
trainers model. Requests in this
monitor the effectiveness of these
ioral issues may be addressed in
area have been so numerous that
interventior s. The policy spells out
the child's IEP or education plan.
increase the de-
efforts
to
procedures for suspension and ex-
If parents have questions or con-
pulsion of disabled children, and
partment's technical assistance
cerns, they may contact the
instructs schools to provide alter-
staff are under way. To address a
Virginia Department of Education.
student's specific academic or be-
natives to suspension and expulsion
If they need help advocating for
havioral problems, teachers and
if the infraction is causally related
their child with a disability at
administrators are urged to con-
to the child's disability. Behavior
school, they may request assis-
management plans can be devel-
sult the child's IEP, 504 plan, or
tance from the Department for
oped to supplement a student's IEP
multidisciplinary team. Many stu-
Rights of Virginians with Disabili-
dents with ADHD in Tennessee
when specific behaviors have been
ties, which administers Virginia's
targeted for instruction. A Disci-
are served by Section 504 rather
Developmental Disabilities
Pro-
plinary Action. Plan can be
than by IDEA. Most schools also
tection and Advocacy Program, a
developed to target inappropriate
have school support teamscom-
federal program under the Devel-
prised of the principal or
behaviors, develop preventive strat-
a
opmental Disabilities Act.
This
egies, and establish consequences
designee, the counselor, a resource
department of state government
teacher, and regular education
for infractions.
Contacts:
This issue of Policy Briefs was researched and written by
KentuckyNancy LaCount: 502/ 564-2672
Soleil Gregg, AEL staff.
TennesseeRegan Stein:
615/741-3387
VirginiaHarley
Tomey: 804 / 371-7572
West VirginiaRobin Bowling: 304/558-2696
APPALACHIA
program, which provides information and services to state-level
by AEL's State Policy
Policy Briefs is produced
EDUCATIONAL
education policymakers in Kentucky,Tennessee, Virginia, and West Virginia. This publication may be reproduced
LABORATORY
and copies distributed by others. On request, AEL will provide a master copy on white paper.
PO Box 1348
This publication is based on work sponsored wholly or in part by the Office of Educational Research and Improvement
Charleston, WV
reflect
25325.1348
(OERI), U.S. Department of Education, under contract number RP91002002. ItS contents do not necessarily
the views of OERI, the Department, or any other agency of the U.S. Government.
Telephone:
Information' about AEL projects, programs, and services is available by writing or calling AEL.
304/347-0400
800/624-9120
AEL Is an affirmative action/equal opportunity employer.
304/347-0487 (FAX)