The U.S, Department of Education is “on it” as they say, this time taking on Attention Deficit Hyperactivity Disorder, commonly referred to simply as ADHD. One reason: Per the CDC, it affects 11% of our 4- to 17-year-olds, and that not only adds up to some 6.4 million children, the numbers are on the rise.
Know, too, though, that two federal laws are already in place to protect them:
- Individuals with Disabilities Act (IDEA), which covers ADHD under the category of “other health impairment.” Originally passed in 1975, it “ensures students with a disability are provided with a Free Appropriate Public Education (FAPE) that is tailored to their individual needs.” As stated, it’s designed “to provide children with disabilities the same opportunity for education as those students who do not have a disability.”
Says disability.gov, “IDEA requires that special education services be made available to every eligible child with a disability.”
- Section 504 of the Rehabilitation Act of 1973 addresses children with “a physical or mental disability that substantially limits one or more major life activities”—in this case, learning. This is a “civil rights law that protects children with disabilities from discrimination for reasons related to their disability.”
Here FAPE means special education placement or regular education classes with aids and services that meet a student’s individual needs. However, says the National Education Association, “It does not ensure a child with a disability will receive an Individualized Education Plan (IEP)…”
However, to clarify a school district’s obligations and responsibilities under the law and to avoid further discrimination, the U.S. Department of Education (Department) first issued its guidelines and then went one step further by posting a “Know Your Rights” document for parents on its website.
Included is (more…)