In the United States, two federal laws provide for public school services or accommodations to eligible students: Special Education and Section 504.

 Special Education

 Children with ADHD may qualify under the special education category “Other Health Impairment” (OHI).  To receive services, the child must (1) have a diagnosis of ADHD and (2) demonstrate educational need that adversely affects his school work or school behavior.  The definition of “educational need” varies from state to state and district to district, so parents are urged to ask their child’s principal for their district’s definition. 

 If an ADHD child is eligible for special education, the child’s Admission Review and Dismissal (ARD) committee prepares an individualized education plan (IEP) that includes opportunity for additional teaching in the resource classroom, content mastery support, classroom accommodations and/or testing accommodations.  Parents are important members of their child’s ARD committee, and the IEP is developed with the participation of the parents.  Once the IEP is complete, parents or the school can request changes, but no changes can be made without a child’s parents being informed. 

 For additional information about special education: www.ed.gov/about/offices/list/osers/osep/index.html

 Section 504

Section 504 is a civil rights law that requires schools not discriminate against children with disabilities by providing reasonable accommodations.  Eligibility for Section 504 is based on the existence of an identified condition that substantially limits a major life activity.  In the Americans with Disabilities Act Amendments Act of 2008, Congress provided additional examples of general activities that are major life activities, including concentrating, reading, thinking, and communicating. 

 If a child is eligible, his section 504 committee must develop a Section 504 plan that includes reasonable accommodations or adjustments for his attention challenges. Section 504 procedures may be different from state to state or district to district. To find out about district or state procedures, parents should contact their public school principal.

 For additional information about section 504: www.ed.gov/about/offices/list/ocr/504faq.html

 Which One is Right for Your Child?

If a child has behavioral challenges that significantly hamper his learning, special education offers a wider range of service options.  In contrast, Section 504 provides more flexibility for obtaining accommodations and this is often a more efficient way to obtain needed adjustments for the child who does not need additional teaching in the resource classroom.

 Parents are urged to ask your public school principal to consider if your child’s needs are best addressed through either Special Education or Section 504.  Ask for any paperwork you need to sign in order to start the process.  Also ask for any paperwork your child’s regular physician needs to sign. 

 For additional information about educational rights for children with ADHD, visit this site: www.help4adhd.org/en/education/rights/WWK4

 Important Legal Notice

 This post is written to briefly summarize the two laws affecting the education of children with ADHD and should not be construed as legal advice or a legal opinion.  Specific criteria and procedures may be different from state to state or district to district. Readers with specific questions should talk to their child’s principal and/or seek the assistance of their own legal counsel. 

Originally posted 9/21/2009.  Reposted 3/21/2010, (c) 2009 – 2010, flexiture, monte w. davenport, ph.d.