Case of the Month: Alvin Independent School District v. A.D.
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What circumstances may a team consider in determining whether a student with ADHD "needs special education services" to qualify as having an Other Health Impairment under the IDEA?
This Fifth Circuit case involved an 8th grade student with ADHD who had behavior problems at school resulting in several disciplinary referrals. At the same time, he had a difficult family situation and abused alcohol. His school behaviors culminated in theft and robbery at a school-sponsored event, resulting in recommendation for an alternative school placement. At the same time, he passed all of his classes (mostly A's, B's, and C's with one D) and the state assessment. The district found the student was not eligible because he did not "need special education services" as a result of his ADHD.
The court supported the district's decision. The student's passing grades and success on the state assessment demonstrated academic progress, which was an "important factor" in determining educational benefit. Despite his behavioral issues, he was "achieving social success in school". The court placed more weight on the testimony of teachers than on the doctors, "who based their opinions on faulty information culled from isolated visits, select documents provided by A.D.'s mother, and statements from A.D.'s mother about what she believed was happening in school." The district also convinced the court that much of A.D.'s behavioral problems were due to his alcohol abuse and family circumstances, not the result of ADHD. Alvin Independent School District v. A.D., 48 IDELR 240 (5th Cir., October 4, 2007).
Lesson Learned: School districts may take academic progress into consideration but must also consider social and behavioral needs. Schools should not "defer" to prescription pad recommendations for special education services, but should consider this information along with other information about the student's educational, social and behavioral needs. This case is a reminder that unacceptable behavior is not always disability related. Still, drawing the line is difficult, particularly with ADHD.
