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Do We Need a Medical Diagnosis for School?
I want to emphasize here that we are only speaking in terms of whether a child must have a medical diagnosis of ADD/ADHD in order to qualify for special ed services in school. In no way am I advocating that parents not obtain a medical diagnosis if they suspect their child has ADHD. I believe a child with ADD/ADHD needs all the support possible, including from the medical arena. But if a school district tells you that you must go and pay for a medical diagnosis before they will consider evaluating your child's educational needs, they are in error.
In the first place, if a school ever suggests the need a medical diagnosis you should know that the school is responsible for paying for that medical evaluation and any other relevant evaluations it deems necessary. Let's look at more of this wonderful IDEA Appendix B. It is a continuation of the discussion at All important IDEA Appendixes.
Under the same section of the federal regulations for the Individuals with Disabilities Act as the preceding article, a Child with a Disability300.7 (page 12543 if you have an original copy of the regs or look it up at wrightslaw.com), we find the following critically important information for us as parents of children with ADHD.
"Part B does not require that a particular type of evaluation be conducted to establish any child's eligibility under these regulations; rather, the evaluation requirements in 300.530-300.535 are sufficiently comprehensive to support individualized evaluations on a case-by-case basis, including the use of professional staff appropriately qualified to conduct the evaluations deemed necessary for each child."
"In accordance with these procedures, if a determination is made that a medical evaluation is required in order to determine whether a child with ADD/ADHD is eligible for services under Part B, such an evaluation must be conducted at no cost to the parents. In all instances, as is true for all children who may be eligible for services under Part B, each child with ADD/ADHD who is suspected of having a disability must be assessed in all areas related to the suspected disability, including if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities. (300.532(g))."
IDEA Appendix B
Continuing to quote from Appendix B at 300.7 (Child with a Disability):
"There is no requirement under these regulations that a medical evaluation be conducted to accomplish these assessments. Even if a State requires that a medical evaluation be included as part of all evaluations to determine eligibility for the other health impairment category, it must also ensure that any necessary evaluations by other professionals, such as psychologists, are conducted and considered as part of the eligibility determination process. Whether or not public agencies will be required to conduct an additional evaluation for a child with ADD/ADHD under other health impairment once the child has been evaluated and has qualified under another disability category will depend on whether sufficient evaluation information exists to enable school district officials to ensure, consistent with 300.532(g), that each child is assessed in all areas of suspected disability."...
"Even if a state requires that a medical evaluation be included as part of all evaluations to determine eligibility for the other health impairment category, it must also ensure that any necessary evaluations by other professionals, such as psychologists, are conducted and considered as part of the eligibility determination process. Whether or not public agencies will be required to conduct an additional evaluation for a child with ADD/ADHD under other health impairment once the child has been evaluated and has qualified under another disability category will depend on whether sufficient evaluation information exists to enable school district officials to ensure, consistent with 300.532(g), that each child is assessed in all areas of suspected disability."
So, if your state requires a medical diagnosis to qualify for all Other Health Impairment categories, the district then has the responsibility to have all areas of suspected disability evaluated by other professionals such as psychologists. When they have this requirement, they must also pay for all such evaluations.
You are required to let the district do its testing. Then, if you disagree with the testing results and they do not really describe your child as you know him or her, you have the right to ask the district for an independent evaluation at district expense. You would certainly want to specify in writing that you expect the district to pay. Otherwise, you might see the district arrange the testing and you would be billed for it.
Keep in mind I am an advocate, but not a lawyer. If you feel the need for legal advice be sure to find one who specializes in Special Education Law.
next: ADHD Children and Poor Executive Functions
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