Clarification on Eligibility for Students with Attention Deficit
Disorder (ADD) and Attention Deficit Hyperactivity Disorder (ADHD)
A student with Attention Deficit Disorder (ADD) and Attention
Deficit Hyperactivity Disorder (ADHD) can be identified under
Individuals with Disabilities Education Act (IDEA) Part B under
"Other Health Impairment," "Specific Learning Disability,"
or "Emotional Disability" or under Section 504 of the
Rehabilitation Act of 1973. This clarification was provided in
a memorandum to Chief State School Officers from the Assistant
Secretaries of the Offices of Special Education and Rehabilitative
Services (OSERS), Office for Civil Rights (OCR), and Office of
Elementary and Secondary Education (EASA) on September 16, 1991.
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Please
note the references in this memorandum are to IDEA regulations
and to section 504. these are Federal laws. |
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"II.B. Eligibility for Part B Services under
the "Other Health Impaired" Category
The list of chronic or acute health problems included
within the definition of "other health impaired"
in the Part B regulations is not exhaustive. The term
"other health impaired" includes chronic
or acute impairments that result in limited alertness,
which adversely affects educational performance. Thus
children with ADD should be classified eligible for
services uner the "other health impaired"
category in instances where the ADD is a chronic or
acute health problem that results in limited alertness,
which adversely affects educational performance. In
other words, children with ADD, where AD is a chronic
or acute problem resulting in alertness, may be considered
disabled under Part B solely on the basis of this
disorder within the "other health impaired"
category insituations where special education and
related services are needed because of the ADD."
(Memorandum September 16, 1991)
Maine Special Education Regulations (MSER) Chapter
101, Section 3.10 "Other Health Impairment"
uses ADD and ADHD as an example of a "chronic
or acute health problem" that might adversely
affect the student's educational performance. (November
1, 1999)"
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"II.C. Eligibility for Part B Services under
Other Disability Categories
Children with ADD are also eligible for services
under Part B if the children satisfy the criteria
applicable to other disability categories. For example,
children with ADD are also eligible for service under
the "specific learning disability" category
of Part B if they meet the criteria stated in sub-section
300.5(b)(9) and 300.541 or under the "seriously
emotionally disturbed" category of Part B if
they meet the criteria state in section 300.5(b)(8).
(Memorandum September 16, 1991)"
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Please
note that when the IDEA regulations were reauthorized (May
11, 1999), the numbering of rule sections was changed as well
as the term "seriously emotionally disturbed" which
is now "emotional disturbance." |
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"IV. Obligations Under Section 504 of SEAs
and LEAs to Children with ADD Found not to Require
Special Education and Related Services under Part
B
Even if a child with ADD is found not to be eligible
for services under Part B, the requirements of Section504
of the Rehabilitation Act of 1973 (Section 504) and
its implementing regulation at 34 CFR Part 104 may
be applicable. Section 504 prohibits discrimination
on the basis of handicap by recipients of Federal
funds. Since Section 504 prohibits is a civil rights
law, rather than a funding law, its requirements are
framed in different terms than those of Part B, it
is more general, and there are some differences arising
from the differing natures of the two laws. For instance,
the protections of Section 504 extend to some children
who do not fall within the disability categories specified
in Part B." (Memorandum September 16, 1991)
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Please
note, all eligibility decisions are made by the PET. This
information is for discussion purposes. |
FMI: See SECTION 504 in Chapter 11.
If the student is eligible under Section 504, the school must
determine the child's educational needs and write an Individual
Accommodation Plan (IAP). The accommodations that were listed
in the memorandum include, but are not limited to the following:
- Providing a structured learning environment;
- Repeating and simplifying instructions about in-class and
homework assignments;
- Supplementing verbal instructions with visual instructions;
- Using behavioral management techniques;
- Adjusting class schedules;
- Modifying test delivery;
- Using tape recorders;
- Using computer-aided instruction and other audiovisual equipment;
- Selecting modified textbooks or workbooks; and
- Tailoring homework assignments.
Don't forget these important things about 504
The school must have a written protocol (Policies and Procedures)
by which they consider whether or not your child is eligible for
services under Section 504. Such Policies and Procedures are to
be made available to all parents at any time. By law these must
be published and distributed to the general public. Look for these
in the school's Student Handbook.
Each school must designate a 504 Coordinator to implement and
continue to monitor each active 504 Plan. This may be a special
education director or building administrator. Be sure to call
the Superintendent's office to find out who the 504 Coordinator
is for your school district.
If a student is eligible, the school must have a Team Meeting
to determine the supplemental aids, services, and accommodations
that might be needed. These will be written into the 504 Plan/(Individual
Accomodation Plan (IAP) and will most likely be carried out in
the regular classroom and monitored by the 504 Coordinator.
| What Has Worked For Me As
A Parent... |
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"I realized that I needed to
pay close attention to my child’s emotional well-being.
Although he was doing well in his classes (A’s
and B’s), the toll it was taking on him was devastating.
I began to understand how his disability, ADHD, was
making it difficult for him to achieve such high standards
educationally. Until we got clarity through independent
evaluations and could show how his disability was
impacting him emotionally, the school was not able
to understand how his disability was impacting his
education. We, the PET, were better able to understand
the whole child and plan for his specific diverse
complex needs."
"My child was identified as
having a learning disability and ADHD. We developed
an IEP to address these needs. Through a comprehensive
approach that included tutoring, extended school year
services, resource room assistance and private counseling,
we were able to successfully address many of my child’s
needs. The evaluations done for my child’s triennial
showed that many of her needs had been successfully
addressed and there was no indication of her having
a learning disability at that time. We removed the
LD label and are now addressing the issues around
ADHD that are still impacting her education. Looking
back, I realize the ADHD had prevented my child from
obtaining some of her basic educational skills. Not
having those skills on which to build made later grades
unnecessarily difficult. Try not to get hung up on
the label that identifies your child for services
through special education, rather work at identifying
and addressing your child’s specific needs."
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