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)