The United States Department of Education (DOE) Office for Civil Rights (OCR) has issued a “Dear Colleague” letter reminding school districts of their obligations to students with attention deficit/hyperactivity disorder (ADHD) under Section 504 of the Rehabilitation Act of 1973.
Section 504 prohibits discrimination on the basis of disability and requires school districts to provide an ‘equal educational opportunity’ to students with disabilities. When the Americans with Disabilities Act was amended, it clarified the broad scope and definitions of the term “disability”, clearly making more students with ADHD entitled to protection under 504.
More than 12.5% of the complaints received by the Office of Civil Rights from 2011-2015 involved allegations of discrimination against a student with ADHD. In resolving these complaints, OCR has found that many teachers and administrators are not familiar with ADHD or how it could impact a student’s equal access to a school district’s program. Students with ADHD could be denied a free and appropriate public education (FAPE) because of problems in evaluating students. Furthermore, even if a student is properly identified, school districts often fail to meet their Section 504 obligations.
In addition to this letter, the DOE OCR also provided a resource guide specifically tailored to help educators, students, and families to better understand their obligations under the law as they pertain to students with ADHD. Some services and supports for students with ADHD include recording lectures, highlighting passages of textbooks, or giving extra time on tests.
http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201607-504-adhd.pdf
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