All Joanie Derry wanted for her son was to have an individual education plan(IEP) that takes into account his ADHD. Unfortunately, her son does too well in the classroom to qualify.
It's sad that this situation ended up with in a
lawsuit, but the truly sad part is the lengths that the Manatee County School District went to in order to prevent her son from qualifying for and IEP.
While I'm not sure about the specifics of the case- somehow using ADHD as an excuse for acting out in class rubs me the wrong way- the courts ruling to order the IEP is a just decision.
Qualifying for an IEP for a child with focus problems can have a significant impact on a child's education. Simply the ability to have untimed tests, an accomodation not allowed without an IEP, can make a huge difference for a child that has a hard time focusing. While many students that are allowed untimed tests still finish within the normal time, the fact that they don't NEED to finish within the required time takes a ton of stress off of the test for the child. This made a huge difference in our house, where anything that could reduce the stress before the test made EVERYONE a lot more calm.
We have worked with a number of parents who found that after our program the school wanted to completely mainstream the child AND take away their IEP. If the child is ready, mainstreaming can be great, but we always advice parents to fight to maintain their IEP. Thankfully none of those parents have had to take their fight to court.
For more info on IEP's, check out
this site