Despite the fact that many children are diagnosed with or suspected of having ADHD, many school districts do not have appropriate services for children.

The District Should Diagnose or Identify Your Child as Having ADHD

A school may tell a parent that it is the parent’s job to find a doctor to diagnose ADHD, but this is not necessarily true.  If a school suspects a child has ADHD that is interfering with his or her progress, it is the obligation of the school district (including the New York City Department of Education or NYC DOE) to refer the child to a psychologist or psychiatrist who can diagnose ADHD.   In addition, if a parent has been told to get an outside evaluation, the parent may be able to get reimbursed for the cost of the evaluation.

If there was a delay in diagnosing ADHD, a child may be entitled to make-up services.
Please note: A school cannot advise you to place your child on medication or require your child to take medication to attend school.

Your Child Has ADHD And Is Not Making Progress

Often, schools and districts do not know how to help children with ADHD and may offer services or supports that do not work or are even counterproductive.  If your child is not making progress, the services that your child has may not be adequate.

Your Child Has ADHD But Has Only Been Offered A Section 504 Plan With Testing Accommodations
A child with ADHD may have a “Section 504 Plan” rather than an IEP.  Unfortunately, although a Section 504 plan should be able to offer a wide range of services, often, the plans only include testing accommodations.  Unfortunately, accommodations are often insufficient.  If your child is not performing on grade level with his or her IEP, your child is likely entitled to additional services or support.

What Can a Lawyer Do?

Parents with lawyers may be able to get their children private tutoring, behavioral support home-work help, help to build organizational skills, iPads, laptops, and other strategies to help address issues relating to ADHD.