Expert: Norm Bishop - 9/12/2005

Question
I would like to know what some of the laws are for special education with teenagers with ADDHD.

Answer
There are a series of laws that effect persons with ADHD or ADD.  It all started with the Americans With Disabilities Act in the early 70's.  That law protects the rights of persons with disabilities, it is basically a civil rights act for the disabled.  From that came other laws.  The most significant two for teenagers are The Americans with Disabilities Act, Section 504, usually referred to as 504.  This provides the specifics to ADA.  For students in school, any institution must not discriminate against anyone who has a diagnosed disability.  The Diagnosis is critical.  If you are sure he is ADHD, but have never had him diagnosed by a physician or other specialist who can make that diagnosis, then the schools are under no obligation to do anything different.  In addition, it is your responsibility to inform the school that he has a diagnosed disability and to provide that documentation to the school.  The law simply states that the school cannot discriminate against the student because of his/her disability, and that they do that by providing "reasonable accommodations."  When you have notified the school, then you ask the Principal or appointed 504 Officer to convene a 504 committee.  That group of people includes you and the student, his teachers, a counselor, sometimes an adminstrator.  Based upon the nature of the disability (there are many different aspects to ADHD), the 504 writes an accommodation plan, which is supposed to level the playing field and insure that no discrimination takes place.  This law has very little teeth, as far as enforcement, because it provides no additional funds to the schools to carry out this process.  As a result, it is the most litigated law at present (court cases).  This law also applies to any College or University that accepts federal funds.  Again, at that point the youngster has to inform the Disability Coordinator at his/her school and they in turn determine what the appropriate accommodations might be.  For my ADHD son who just graduated from college, it meant tutoring, testing in a less distracting environment, longer time on tests, and a small extension of time for projects and papers.  This can be very helpful.

The other law is Individuals with Disabilities Education Act, originally passed in 1976, reautorized in 1997 and again in 2005.  This the law that requires that schools provide direct special education services and the same sort of accommodations that a 504 student may obtain.  There is an assessment and qualification process to be eligible for specail education service.  ADHD is not one of the disability categories, but if there is enough of an educational impact (poor grades, undeveloped skills, struggling, etc.), then ADHD and ADD students can qualify as either Specific Learning Disabled or Other Health Impaired.  The label does not change the service, just makes them no eligible for special education (specially designed instruction in the areas of diagnosed need).  Anyone can refer a student to be evaluated for special education, including parents or the student themselves.  Teachers, counselors, and administrators also can refer them.  They then determine if an assessment is required or if the educational impact is not great enough...testing follows or doesn't follow depending on this process.  It is complex, but not impossible for non-educators to understand.  

Your state department of education can provide you with information about both laws as they are defined in that state.  The usually have booklets that describe the processes in layman's terms.  My favorite source is http://www.ldonline.org

I hope I didn't get too deep. If you need clarification of anything, please let me know.

Norm