Supporting a child with ADHD goes beyond simply acknowledging their challenges. It requires understanding their legal rights and advocating for appropriate accommodations and services. This post highlights ten legal considerations that every stakeholder should know to guarantee students with ADHD can fully access and participate in school.
ADHD is a Federally Recognized Disability
ADHD is recognized as a disability under both Section 504 of the Rehabilitation Act and the Individuals with Disabilities Education Act (IDEA). However, eligibility for accommodations depends on the documented impact ADHD has on the student’s education.
Section 504 Eligibility
To qualify for a 504 Plan, ADHD must substantially limit one or more major life activities, such as learning, concentrating, or thinking. This requires documented proof.
Many school districts require parents to provide a diagnosis of ADHD from a qualified medical professional. This is because such a diagnosis serves as documented proof that ADHD substantially limits one or more major life activities, as outlined in the DSM-5 diagnostic criteria.
In addition to the medical diagnosis, evidence of ADHD’s educational impact is often gathered from teacher communications, including emails, notes, and reports.
IDEA Eligibility for an IEP
In cases where ADHD significantly impacts a child’s ability to access or benefit from education, an Individualized Education Program (IEP) may be developed to provide tailored support. Under IDEA, ADHD is specifically included in the disability category of “Other Health Impairment” (OHI).
According to IDEA Sec. 300.8 (c)(9), OHI refers to conditions that:
- Cause limited strength, vitality, or alertness, including heightened alertness to environmental stimuli, which negatively impacts alertness in the educational environment.
- Result from chronic or acute health problems, such as ADHD, asthma, diabetes, or other listed conditions.
- Adversely affect the child’s educational performance.
Schools Must Evaluate Students Promptly
Under Child Find, schools are required to evaluate students suspected of having ADHD—at no cost to parents. Whether it’s academic difficulties, behavioral issues, or social skills , the school is required to assess the child’s needs for educational support.
Behavior is communication. The “behavioral” issues, such as impulsivity, inattention, or difficulty completing assignments are often the first signs of a challenge and the school is required to evaluate these challenges .
But how many actually do? I know students who have had over 40 ” behavioral” write ups in one school year and no one took a look to see what was going on. In addition, according to Child Find, schools cannot delay evaluations to first try interventions. Make sure your documentation of your MTSS and RTI strategies is solid.
Academic Excellence Does Not Exclude ADHD Students from 504 or IEP Protections
Let me say that again for people in the back….Achieving high grades doesn’t disqualify a student from a 504 Plan or IEP!
Under federal law, students with ADHD are eligible for support through Section 504 and IDEA, regardless of their academic performance. In a letter dated March 8, 2007, Dr. Alexa Posny, then Director of the Office of Special Education Programs (OSEP), emphasizes that:
“Educational performance’ as used in the IDEA and its implementing regulations is not limited to academic performance. Schools must consider not only academic performance but also how a child’s emotional, health, or other conditions may adversely affect their non-academic performance in social, behavioral, and other domains. “
Achieving high grades or performing at grade level does not negate the substantial impact ADHD can have on other major life activities, such as concentrating, organizing, emotional regulation or completing tasks.
No matter how well the child performs academically, if ADHD impacts their ability to participate in their education ,they are protected under this law.
Mitigating Measures Can Not Be a Barrier to Eligibility or Support
Everyone needs to be aware of the ” mitigating measures” rule.
This protection, reinforced by the Americans with Disabilities Act Amendments Act (ADAAA) of 2008, explicitly prohibits the consideration of “mitigating measures” when determining if a disability substantially limits a student’s major life activities.
Schools are required to evaluate the impact of ADHD in a student’s unmedicated state.
For example, if a student requires medication to manage symptoms like hyperactivity or inattention, schools can not base eligibility decisions or deny services on the ameliorative effects of that medication.
This is because ADHD doesn’t disappear with medication, and educational supports are essential. Instead, they must assess the full impact of ADHD on activities as though no medication or external supports were used .
Extracurricular Activities are Rights, Not Privileges
Now this one really riles me up.
The neurodevelopmental impacts of ADHD often manifest as behaviors like calling out in class, impulsivity, unfinished assignments, or difficulties with emotional regulation. These behaviors are a direct result of a documented disability, not a lack of effort or intent to misbehave.
Penalizing these students through exclusion from activities, such as withholding participation in a “good students’ party,” recess, or clubs is discriminatory.
The U.S. Department of Education’s Office for Civil Rights (OCR) has emphasized that denying students with disabilities access to extracurricular programs violates their right to Free and Appropriate Public Education (FAPE).
Under Section 504 schools are legally prohibited from denying students with ADHD the opportunity to participate in extracurricular activities such as sports, recess, field trips, or clubs due to their disability.
Equal access means providing all students the opportunity to engage in every aspect of school life, not just academics. Schools have a legal responsibility to ensure that students with ADHD are fully included, with appropriate accommodations in place to support their participation.
Trained and Knowledgeable Teachers is a Mandate
It is well known that most teachers lack training and education on how to facilitate functional performance in students with ADHD. Particularly general education teacher, and most of the day of students with ADHD are spent in general education classrooms.
What is less well known is that without trained general educators who understand disabilities like ADHD, schools fail to provide FAPE, guaranteed by IDEA.
Under IDEA (34 C.F.R. § 300.207), schools are legally obligated to ensure that all personnel possess the skills and knowledge necessary to meet the unique needs of students with disabilities. This includes understanding ADHD’s impacts on behavior and learning.
We can help by including “teacher training on ADHD” on our students IEP’s and 504 plans. This will help to ensure their educators are adequately informed about the challenges of ADHD and how to best support the student in the classroom through appropriate strategies and accommodations.
Substitute Teachers Must Follow Accommodations
How often do we see this? Things are going great and then, the teacher is out. This happens, as believe it or not teachers are humans and have lives, families and get sick (despite how superhuman they appear). The problem we see is that when a substitute teacher is in the classroom, students with ADHD often struggle. Unnecessarily.
A substitute’s lack of awareness can not excuse a lapse in support. Under both Section 504 and IDEA, schools are required to provide consistent accommodations and services to students with disabilities, regardless of who is teaching the class. The Office for Civil Rights (OCR) has stated that schools are accountable for ensuring accommodations are implemented consistently, regardless of the teacher present.
A student’s right to accommodations doesn’t take a day off. Schools must create systems to ensure that substitutes are informed about and can implement 504 Plan or IEP accommodations. Consistency is critical, and failing to provide it violates FAPE.
Does your school have systems in place for subs?
Reasonable Accommodations for Students with ADHD are Limitless
Reasonable accommodations are not limited to generic options from a drop-down list! Reasonable accommodations are not limited to academic needs, they can address barriers to participation across all domains of educational performance, outlined in the image below.
Accommodations change the context, they enable the learner to access their education and mitigate the impact of ADHD. They are powerful management tools and so much more than ” extra time” and ” preferential seating”. Learn more here.
Which is best, 504 Plan or Individualized Education Program?
Finally, the age old conversation about which is best for students with ADHD, a 504 Plan or an IEP . The answer truly hinges on the severity of the condition’s impact and the specific educational needs of the child.
The choice is not about which is better universally, it’s about what is most effective for the individual child right now.
Both tools serve to ensure equitable access to education, but they provide different levels and types of support that may be necessary for the same child at different stage of their development. This will vary by school, state and the individual presentation of ADHD , which often changes across the lifespan.
General considerations:
- A 504 Plan can suffice if the child primarily needs accommodations and related services to access the general education curriculum.
- If the child’s ADHD substantially impacts their ability to progress academically and requires specialized instruction, they will require an IEP.
- For seniors, thinking of college, 504 Plans can support accommodation requests, but IEPs do not carry over.
ADHD Needs Holistic Support
ADHD continues to be a highly misunderstood condition that impacts a child’s ability to access and participate in their education .Educating stakeholders to confidently navigate the complexities of ADHD and school support is part of providing holistic ADHD support.
Knowledge and transparency about the laws, protections, responsibilities and rights surrounding ADHD in school can help caregivers, educators, and school teams collaborate more effectively. Holistic support for students with ADHD goes beyond addressing performance challenges. It requires a a comprehensive approach that incorporates Education, Accommodation, Scaffolding, and Empowerment (EASE).
Check out the links below and throughout the article for more information.
Resources and References
- Students with ADHD 504 Resource Guide: Office of Civil Rights 2016 (current)
- IDEA: https://sites.ed.gov/idea/statuteregulations/
- Know Your Rights: https://www.ed.gov/media/document/dcl-know-rights-201607-504pdf
- CHADD’s ADHD Toolkits for Parents and Educators
