<p>Here's the situation: My daughter has been diagnosed with ADHD -- we thought it was a problem years ago and had her tested and the neuropsychologist didn't detect anything (though a subsequent neuropsychologist said the first guy's testing was inadequate). Then my daughter had a major vision problem -- she was diagnosed with a rare juvenile degenerative eye disease essentially equivalent to macular degeneration that older folks sometime suffer and in which they lose the cones. It took two years to figure out that this diagnosis was incorrect and a further year to work to correct her vision. For 2 1/2 years, she was pretty close to legally blind. We're fortunate that she can now see, although in that period, we had bigger concerns than ADHD. A school psychologist at her HS suggested that she had ADHD and suggested testing, which we did and sure enough the neuropsych said, "Yep. ADHD. It's obvious." The school gave her 50% extra time and we gave her ritalin after a bit and her performance (and confidence) have soared. The SAT gave her 50% extra time (which reduces her anxiety a lot and helps her concentrate). She took one PSAT with no extra time and a year later with extra time. She didn't do test prep for either. Her scores went up 370 points on a 2400 point basis. </p>
<p>The tricky nature of SAT questions also increases her anxiety and this leads to lack of focus. On the other hand, she likes the straightforward nature of the ACT. However, the ACT folks denied her extra time. I'm appealing and would like your experience/advice.</p>
<p>They raise two arguments:</p>
<ol>
<li><p>A diagnosis does not by itself mean a disability -- this requires that the diagnosed impairment cause a substantial limitation in a major life activity. The fact that she has not performed badly suggests that she does not have a substantial limitation under the ADA. (I think this would change under the ADA Amendments Act of 2008, which defines concentration as a major life activity, but that law, while passed, has not yet been implemented by the DOJ. Congress was unhappy with the limitations that employers and courts were putting on the intended scope of the ADA and issue legislation amending the ADA to match their original intent.)</p></li>
<li><p>The ADA is not intended to ensure that someone gets a positive outcome or is able to perform at a level commensurate with her ability. It is supposed to provide equal access to prevent discrimination on the basis of disability and it would be unfair to other test-takers to give my daughter accommodations just because they would raise her scores.</p></li>
</ol>
<p>What's interesting to me is that the questions they raise are not about the diagnosis but are policy/legal questions. So my questions for you have more of a policy/legal bent than a neuropsychological bent.</p>
<p>Have any of you had to deal with these two arguments? If so, how have you done so?</p>
<p>It seems to me that my daughter spends the vast majority of her waking day learning -- taking classes and doing homework. School starts shortly after 8 and she is rarely done with her work before 10:30 PM and often does homework until midnight. So, learning is the major activity our society has given her in life. She was doing OK in school before the extra time/medication and is now doing much better. Freshman year was B's and likely a C. Junior year is mostly A's. So, the lack of time interfered with her learning, but did not eliminate it. What is the most effective argument (other than Congress's newly stated intent, which they'll ignore since the new law hasn't been implemented) that ADHD poses a substantial limitation.</p>
<p>Secondly, it seems almost hypocritical to argue that the purpose of accommodations is not to improve performance because, if there were no improvement, they would argue that there was no need to give the accommodation. But, there is a hurdle, which is that the accommodation needs to eliminate a disadvantage rather than create advantage. Any thoughts on the most effective argument here?</p>
<p>Thanks for your advice or sharing of experience. </p>
<p>Posts that argue that ADHD is not a disability or deserving of accommodation would be off topic here. As such, if you are feeling like you need to make that kind of post, feel free to post on one of several other threads already open that deal explicitly with this contention. For example, feel free to post here: <a href="http://talk.collegeconfidential.com/learning-differences-challenges-ld-adhd/235928-add-adhd-way-over-diagnosed.html%5B/url%5D">http://talk.collegeconfidential.com/learning-differences-challenges-ld-adhd/235928-add-adhd-way-over-diagnosed.html</a>. Thanks.</p>