There are special education laws in place to protect students with disabilities - including those with ADHD:

These laws provide special education, services and accommodations for qualifying children with disbilities in the United States. State laws may differ from these federal laws. In this case, whichever law provides the most protection must be used, and this is usually the federal law. Each law has specific guidelines and criteria for eligibility, which are described below.

The Individuals with Disabilities Education Act (IDEA)

Who is Eligible?

A child is eligible for services under IDEA if they are diagnosed with a qualified disability and because of that disability, need special education services. There are 13 disability categories, and to qualify, the child must meet the criteria of at least one of these categories:

  1. Autism
  2. Deaf-Blindness
  3. Hearing Impairment
  4. Mental Retardation
  5. Orthopedic Impairment
  6. Speech or Language Impairment
  7. Visual Impairment
  8. Deafness
  9. Emotional Disturbance
  10. Specific Learning Disabilities
  11. Traumatic Brain Injury
  12. Multiple Disabilities
  13. Other Health Impairment

Children with ADHD are most commonly eligible for special education and related services under the IDEA category of Other Health Impairment (OHI). This category requires that the child have a chronic or acute health problem, in this case ADHD, that causes limited alertness to the educational environment that results in an adverse effect on the child’s education performance to a degree that special education is required. Another common category is Specific Learning Disabilities (SLD). A child would be eligible for this category if they had ADHD along with other learning disabilities.

How Do Parents Access Services Under IDEA?

Eligibility is decided by a qualified team consisting of several professionals including the child’s teachers, school psychologist, school counselors, principal, doctors, parents, and other appropriate individuals. Many schools already have these teams in place and actively work with children who qualify for these plans. The school will have their specific process and steps for determining eligibility that may include the following:

  • First, parents or school personnel refer the child for evaluation. This request is often submitted in writing.
  • Within a predetermined timeframe, the team will address the areas of concern and develop an assessment plan.
  • Next, the parents will be contacted and will be asked to give permission for their child to be evaluated.
  • The child will receive a comprehensive evaluation by the team to provide the necessary information about the areas of difficulty. This may include a combination of interviews, observations, feedback forms, as well as specialized testing.
  • Upon completion of the evaluation, the team will meet to discuss the option of an Individualized Education Program (IEP). All members, including parents and sometimes the student, will be present to explain the results of the evaluation and develop an appropriate plan.
  • At this meeting, the team will also determine if the child meets the eligibility requirements for special education under one of the categories of IDEA.
  • If the child is eligible, an IEP will be developed. This plan is designed specifically for your child and includes the necessary accommodations for success.
  • When the parents agree to the IEP and sign it, the plan goes into effect.

What Happens After the IEP?

After the IEP is written and approved, the child will start receiving services. This includes all programs, aids, modifications to the current program, and accommodations that are included in the IEP. Progress is measured with predetermined benchmarks and reported to parents in annual or bi-annual meetings. These meetings are known as IEP reviews and offer a chance for the team to meet with parents to discuss their child’s progress as well as make any necessary changes to the plan.

Students are re-evaluated every 3 years, or sooner if deemed necessary by the parent and teacher/school personnel. This information is used to determine if the IEP needs to remain in effect (does the child still qualify for one of the categories?) or if the child can continue in the regular school environment successfully and the plan can be terminated.

Section 504 of the Rehabilitation Act of 1973

Section 504 is a civil rights statue that protects children from discrimination by any agency that receives federal funding, in this case, the public school. It is intended to provide students with equal opportunities to receive education and opportunities so they can learn the same as their nondisabled peers.

Who is Eligible?

If children do not qualify for IDEA, they may still be able to receive services under Section 504 of the Rehabilitation Act of 1973. A student is eligible for Section 504 if they have a physical or mental condition that substantially limits a “major life activity.” In this case, the major activity can be learning and/or behavior. To determine eligibility, the school is required to do an assessment, but it is typically a much less extensive evaluation when compared to IDEA.

How Does a Parent Access Services Under Section 504?

The process begins in the same way as IDEA with a referral to the school multidisciplinary team. This request can be made by the child’s parents, teachers, or other school personnel. If the team determines that the ADHD significantly limits the child’s learning, then a 504 Plan would be designed to set reasonable accommodations to the educational program and/or provide related aids and services.

What Happens After the 504 Plan is Written?

Unlike IDEA, where the child receives most of the services from the Special Education Team, the accommodations in a 504 Plan often become the responsibility of the classroom teacher. Some sample accommodations may include:

  • Adjusting the number of homework problems (without changing the level or content)
  • Offering extended time for test-taking
  • Offering a quiet place for the child to work with minimal or no distractions
  • Provide assistance with organization of materials, work, etc.
  • Recording class lectures or providing copies of notes for review
  • Supplement verbal instructions with visual instructions
  • Adjust seating arrangements
  • Meeting with school counselors

What Do Section 504 and IDEA Have in Common?

While ADHD children may not qualify for both programs, they ultimately accomplish the same goals. In both programs, the schools are required to provide free and appropriate public education in the least restrictive environment. This means that schools must provide the necessary accommodations and keep the child’s education as normal as possible. Both programs also offer a variety of support structures and accommodations and allow the child to continue to participate in extracurricular and non-academic activities. If parents are dissatisfied with the program, there are due process procedures for both plans to fix them or terminate them.

Which Plan is Right for My Child?

This is a decision that the school team along with the parents must make together. For children with ADHD and more significant difficulties, IDEA is usually preferable because it provides a more extensive evaluation, and the specific goals along with short-term objectives can be regularly monitored for progress. IDEA also provides a wider range of services along with funding for these services.

A 504 Plan may be preferable for students who have milder forms of ADHD and don’t need special education. Schools can often meet these children’s educational needs with adjustments, modifications, and accommodations in the regular classroom. This Plan is also faster and easier to implement.