Educational Rights

In the United States, three federal laws provide for public school services and/or accommodations for eligible students:

Response to Intervention

Response to intervention was designed to provide children educational support before placement in special education or other special services.  This law allows teachers to provide additional assistance above and beyond the regular classroom curriculum for a short period of time.  An important part of this process is regular curriculum-based monitoring to see if the child is making progress.   Additional information for parents about Response to Intervention is available in this fact sheet from the National Center on Learning Disabilities.

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, read this information from the US Department of Education. 

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 read this FAQ article from the US Department of Education.

More information about section 504 is available from the National Center on Learning Disabilities:

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 may need to sign.

For additional information about educational rights for children with ADHD, read this Fact Sheet from the  National Resource Center for ADHD.

IMPORTANT LEGAL NOTICE:

This post is written to briefly summarize the laws affecting the education of children with ADHD who attend public school, 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 public school principal.

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