TRANSITIONING TO COLLEGE - SPED*NET Wilton · 10/10/2019 · TRANSITIONING TO COLLEGE:...

TRANSITIONING TO COLLEGE:Understanding Post Secondary Challenges and

Legal Issues for Students with ADHD/LD

Robert Tudisco, Esq.www.bargergaines.com

Robert@bargergaines.com(914) 902-5918

SPED*NET WiltonWilton LibraryOctober 3, 2019

STUDENTS WITH ADHD/LD ARE EXTREMELY BRIGHT STUDENTS

They Have Talents & High Potential

ADHD/LD STUDENTS ARE AT-RISK 3 times more likely to be

held back compared to those without ADHD.

Twice as likely to drop out of high school compared to those without ADHD.

7 times less likely to graduate college in 4yrs than those without ADHD.

3 times more likely to get suspended compared to those without ADHD.

OVERVIEW

Nature of ADHD/LD & Their RelationshipImpact of ADHD/LD on TransitionsSocial Impact of ADHD/LD on Transition to

CollegeLegal Impact of ADHD/LD on Transition to

College Practical Strategies to Proactively Address

Transition Issues

WHAT IS ADHD?

ADHD is Neuro-Biological Disorder affecting the Pre-Frontal Cortex of the brain which is responsible for EXECUTIVE FUNCTIONING

Neuro-Transmitter Dysfunction Dopamine Serotonin Norepinephrine

EXECUTIVE FUNCTIONING

Organization Prioritization Time Perception Impulse Control Self RegulationAttention Regulation Short Term Memory

NEUROTRANSMITTERS

EF IMPAIRMENT v. ADHD

Diagnosable ADHD

Executive Functioning Impairment

Mild EF Impairment

LEARNING DISABILITIES (LD)

LD – neurologically based processing problems that can interfere with learning basic skills.Examples of Learning DisabilitiesDyslexia – Reading Word RecognitionDysgraphia - HandwritingDyspraxia – Motor SkillsPhonemic Awareness – Phonetics & Written WordDyscalcula – Math

LEARNING DISABILITIES (LD)

Can interfere with specific processes and also with higher level skills such as Executive FunctioningOrganization, Time planning, Abstract reasoning, Long or short term memoryAttention

ADHD/LD

“ADHD Rarely Walks Alone”65 – 70% of cases, ADHD is present with a

Learning Disability or other Co-Occurring ConditionCo-Occurrence can magnify the symptoms of

both significantly, BUTADHD/LD are PERFORMANCE DEFICITS NOT

INTELLIGENCE DEFICITS

EXECUTIVE FUNCTIONING IMPAIRMENT & TRANSITIONS

3rd to 4th GradeElementary to Middle SchoolMiddle School to High SchoolHigh School to College**College to Workforce

“It’s Not that the work is harder. It’s that there are so many more things I need to remember this year”

TRANSITION FROM HIGH SCHOOL TO COLLEGE

Difficult for Any StudentComplete Lack of Structure, Support and

AccountabilityBeing away from homeLack of FeedbackMedication Management/Diversion

Difficult Transition

Factual & Social ChallengesMagnified by Disability

Significant Changes in the LawLegal Changes for ALL StudentsSignificant Impact on Students with Disabilities

BOTH NEED TO BE ADDRESSED PROACTIVELY

Transition Issues are Magnified by ADHD/LD & Co-Occurring ConditionsLack of Structure, Support & Accountability Inability & Unwillingness to Advocate for

themselvesAbsence of FeedbackNo Daily Support from ParentsLaws that Protect Students with ADHD Change

Drastically

ALL Equal A Recipe for Disaster for Students with ADHD Unless They Are Addressed PROACTIVELY

POST SECONDARY

CHANGES IN THE LAW

Services & Accommodations

Individuals with Disabilities Education Act (IDEA)Section 504 of the Rehabilitation Act (504)Americans with Disabilities Act (ADA)

School RecordsFamily Education Rights and Privacy Act (FERPA)

A NOTE ABOUT THE LAW

A DIAGNOSIS OF ADHD/LD DO NOTGUARANTEE SERVICES or

ACCOMMODATIONS UNDER THE LAW

Parents and Students MUST Show That ADHD “SUBSTANTIALLY IMPACTS A MAJOR LIFE

ACTIVITY”

SERVICES & ACCOMMODATIONS

IDEA, 504 & ADA K-12Child Find – Prior to High School Graduation,

School Districts Have Burden to

IDENTIFYEVALUATEPROVIDE SERVICES AND SUPPORT

SERVICES & ACCOMMODATIONS

IDEA, 504 & ADA – Post Secondary

IDEA – Gone

504 & ADA – Burden Shifts to the Student

Must Self Report DisabilityMust Document DisabilityMust Ask for Services and Support

TRANSITION UNDER THE LAW

IDEA – Requires a Transition PlanBetween 14 & 16 RequiredINVOLVE YOUR CHILD ACTIVELYConvert IEP into Services and/or Accommodations

Section 504 & ADACollege not bound by High School

AccommodationsNo 504 Plan after graduation, BUT you have

accommodations that have worked

STUDENTS ARE RELUCTANT TO REPORT

Parents have done all of the Advocacy up until nowStudents Just Want to Fit In When They Go To

CollegeStudents Don’t Understand Their NeedsStudents re Not Able to Articulate Their NeedsStudents are reluctant to label themselves

FAMILY EDUCATION RIGHTS & PRIVACY ACT (FERPA)

• Generally Protects Parents & Students K-12Exclusive Unrestricted Access to School Records

• Only Protects Students Post SecondaryParents are Out of the LoopCan’t Advocate for StudentsEven if They Pay the Tuition

ADDRESSING TRANSITION PROACTIVELY

TALK TO YOUR CHILDREN

Understand the Social & Legal Challenges they face in transition

Address these challenges PROACTIVELY

BE PROACTIVE

Have That Conversation With Your ChildSpeak to the DSS Office at the College Ahead

of TimeHave Your Child Sign a Waiver Ahead of Time

If You Are To Stay in the LoopIf Not, At Least You Know Ahead of Time

BE PROACTIVEMedication Management

Medication is NOT a Magic Bullet

Importance of a Medication Plan

If a Change is Necessary – Then Change the Plan Together

Have Resources Available Locally

BE PROACTIVEDiversion

Diverting ADHD Medication to Others Without a PrescriptionStimulant Medication is a Schedule II

Controlled Substance - GIVING IS SELLINGProsecutionExpulsionFeeding Social Stigmas

What Can Students Do

Safeguard Your MedicationTake it According to a Plan – If You Change,

Change the PlanDo Not Give or Share Meds EVERParents Need to Educate Their ChildrenReport Changes in Medication Effects to Your

Doctor

ADDRESSING TRANSITION PROACTIVELY

Coaching – Empowering Students to Succeed

Partnership Between Student & Coach Student Driven & Talent Based Student Sets Goals – Their Own GoalsCoach & Student Together Plot a Course to Achieve Those

GoalsHelps Students Develop Structure, Support &

Accountability for ThemselvesAlong the Way – Student & Coach Hold Student

Accountable to What They (Student) Have Committed ToEncourage Self Advocacy

OTHER PROACTIVE STRATEGIES

ExerciseDeveloping Coping StrategiesDeveloping a planMedication ManagementAccommodationsFERPASelf Advocacy

PROACTIVELY ADDRESSING LEGAL CHALLENGES

• IDEA – Transition PlanningUse the Plan to Set the Stage for College Have your child participate ACTIVELY

• 504 & ADA – Accommodations & ServicesMeet with Disability Office When Looking at CollegesGo over the 504 Plan with them Even if They Are Not

Bound By itFind Out What is Available at Their School

HIGH STAKES TESTING ACCOMMODATIONS

SAT & ACT

Accommodations in High School Don’t Guarantee Accommodations on TestBad Press Has Made it Much More DifficultAdvantage Mindset v. Leveling the Playing

BE PROACTIVE

Testing Accommodations

Update EvaluationsUnderstand & Articulate Specific DeficitsGet Help from the SchoolDO NOT GIVE UP IF REJECTEDMost of These are Won on Appeal

PRACTICAL PITFALLS

Reluctance of students to seek helpAdvocacy has 2 sidesGetting services & AccommodationsVigilance that they are accurate and being

provided

Problems with follow throughStudent side (Executive Functioning)Disconnect between Disability Office & Faculty

SUMMING UP Students With ADHD/LD Have a High Potential

Students With ADHD/LD are AT-RISK

If transition challenges are addressed PROACTIVELY, they will not only survive in College, they will THRIVE there

Being Proactive and Addressing Transition Issues Can Turn High Risk Into High Potential

TRANSITIONING TO COLLEGE:Understanding Post Secondary Challenges and

Legal Issues for Students with ADHD/LD

Q&ARobert Tudisco, Esq.www.bargergaines.com

Robert@bargergaines.com(914) 902-5918

TRANSITIONING TO COLLEGE - SPED*NET Wilton · 10/10/2019 · TRANSITIONING TO COLLEGE:...

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