Rights of Children with ADHD in the Public School System

If symptoms of ADHD are making school a struggle for your child, he/she may qualify for special services at school. There are two federal laws that require schools to provide help for children with special needs. These laws are:

• Section 504 of the Rehabilitation Act of 1973 (called Section 504)
• Individuals with Disabilities Educational Act (called IDEA)

What is the difference between Section 504 and IDEA

• Section 504 applies to children that only need minor changes to their school day to do well.
• IDEA applies to children who need more help.

What does Section 504 require from schools?

• Section 504 states that children with disabilities cannot be discriminated against.
• If your child is eligible for section 504, the school must create a Section 504 plan for your child. The plan must outline ways to help your child.

What are some examples of Section 504 services or accommodations that could help children with ADHD?

• Providing a quiet place to work or take tests without distractions.
• Using behavior management strategies, like rewards.
• Giving extra time for tests.
• Having a nurse give medication for ADHD.
• Having regular communication between parents and teachers.
• Meetings with school counselor.

What does IDEA require from schools?

• IDEA requires that schools provide special education services for qualifying students.
• IDEA says that children with special needs should be taught in regular education classrooms if possible. However, children may need to be taught in special education classrooms.
• For children that qualify, an Individual Education Plan (IEP) is created.

What is an IEP?

• An IEP is a written document.
• It includes goals for the student.
• It outlines services the student will receive to help with learning.
• An IEP provides specific information, like how frequently specific help will be given.
• Parents must be involved in creating the IEP.
• For an IEP to be changed, there must be a meeting that includes the parent or parents, and school must agree to the changes.
• IEPs are reviewed at least once a year. This ensures the plan is helping the child.

How do I know if my child qualifies for Section 504 or IDEA?

• Whether your child qualifies for Section 504 or IDEA depends on the severity of problems.
• Children with ADHD most often qualify for Section 504.
• If ADHD is seriously affecting your child's education, then he/she may qualify for IDEA.
• When children with ADHD qualify for IDEA, it is most often under the "Other Health Impairment" disability category.
• To determine what your child qualifies for, you will need to request that your child be evaluated for special education services or accommodations.
• To determine your child's eligibility and what services to provide, your child's school should gather information from multiple sources. This includes reports from you, your child's doctor, and teachers.
• Your child may have to complete testing to evaluate his/her intelligence and achievement.

Adapted from What We Know: Educational Rights for Children with AD/HD in Public Schools by National Resource Center on AD/HD (a service of CHADD)