Protecting Your Children’s Rights
Although much more has been learned about Attention-Deficit/Hyperactivity Disorder (ADHD) in the last two decades, it is still difficult to diagnose. ADHD shares characteristics with other learning disabilities.
If you have a student who has been diagnosed with ADHD, speak with our compassionate and assertive attorneys at the practice of Windsor Law LLC. We know the law and the Florida education system – an asset when protecting your child’s rights.
Receiving An Accurate Diagnosis
Our attorneys understand ADD/ADHD and can guide families to obtain the necessary psychological and educational evaluation of their child. Each case is unique, so testing and our services are tailored to your child’s needs.
Advocating For Students
The three main components of ADHD are inattention, hyperactivity and difficulty controlling one’s actions (impulsivity). This can make things difficult for a child with ADHD in any situation, but the typical school environment is especially hard to handle. Once we get a diagnosis, we will help you get further testing and any accommodations your child needs at school. We can also help you with study skills and learning strategies specifically for ADHD to help your child succeed in school through our Annual Partnership Program.
There are at least three types of ADHD. In general terms, these are:
1. Inattentive type: A person with this type must have at least six of these nine symptoms, and very few of the symptoms of hyperactive-impulsive type:
- Not paying attention to detail
- Making careless mistakes
- Failing to pay attention and keep on task
- Not listening
- Being unable to follow or understand instructions
- Avoiding tasks that involve effort
- Being distracted
- Being forgetful
- Losing things that are needed to complete tasks
2. Hyperactive-Impulsive type: To have this type, a person has to have at least six of these nine symptoms, and very few of the symptoms of inattentive type:
- Fidgeting
- Squirming
- Getting up often when seated
- Running or climbing at inappropriate times
- Having trouble playing quietly
- Talking too much
- Talking out of turn or blurting out
- Interrupting
- Often “on the go” as if “driven by a motor”
3. Combined type: This is the most common type of ADHD. People with it have symptoms of both inattentive and hyperactive-impulsive types.
Regardless of the type of ADHD a person has, there are ways to manage the disorder and improve learning skills. You may need a lawyer’s help to get your child’s school to work with you, so speak with us as soon as possible.
Frequently Asked Questions About ADHD And Florida Public Schools
If your child has ADHD, you may have questions about school support, medicine and financial aid. The following answers explain key rules that may affect your child.
Under what disability category does ADHD qualify for an IEP in Florida public schools?
ADHD often falls under the other health impairment (OHI) category in Florida public schools. Florida rules include attention deficit disorder and ADHD in the OHI definition.
An ADHD diagnosis alone does not mean your child will get an Individualized Education Program (IEP). The school must look at how ADHD affects your child in class and during other school activities. It must also decide whether your child needs special education because of those effects. The review may include medical records, school records and input from you and school staff. If your child has another condition, the school may also look at another disability category.
Can Florida public schools require your child to take ADHD medication to attend class?
No. A Florida public school cannot require your child to take ADHD medicine to attend class or receive school services. School staff also cannot pressure you to choose a certain medical treatment.
Teachers and other staff may tell you what they see at school. They may discuss changes in focus, behavior, classwork or daily tasks. They may also explain school supports that could help your child. However, you and your child’s healthcare provider make medical choices. If you refuse medicine, the school cannot use that choice to deny services your child has a right to receive.
Are Florida students with ADHD eligible for FES-UA scholarships?
Your child may qualify for the Family Empowerment Scholarship for Students with Unique Abilities (FES-UA), but ADHD does not guarantee eligibility. The program includes OHI as one of its qualifying disability categories.
When you apply, you must give the program records that meet its current rules. Those records may include an accepted diagnosis that fits a listed disability category. Since Florida recognizes ADHD under OHI for school services, the wording in your child’s records may matter. Check the current FES-UA handbook and application checklist before you apply. Program rules and document needs can change, so reviewing the latest guidance can help you submit the right records.
Aggressive Representation When Your Child Needs It Most
Speak with our knowledgeable attention deficit disorder lawyers about your disability or educational problem. Contact our attorneys by calling 941-487-7527 or reach out digitally with this convenient email.