ED issues new guidance re students with ADHD
Today, the U.S. Department of Education released
a new guidance document clarifying the obligation
of districts to ensure students with attention-deficit/hyperactivity disorder
(ADHD) are appropriately identified under Section 504. In the press release, ED
stated that over the last five years, OCR has received more than 16,000
complaints that allege discrimination on the basis of disability in elementary
and secondary education programs, and more than 10 percent involve allegations
of discrimination against students with ADHD.
The majority of the complaints revolve around
concerns that students are not timely or appropriately evaluated for or
provided services for ADHD even if there are known academic or behavioral
difficulties.
The guidance:
- States that OCR will presume unless there is evidence to the contrary, that a student with a diagnosis of ADHD needs a 504 plan at a minimum.
- Specifies that even if a student is taking medication, the school district cannot consider any ameliorative effects of that medication or any other mitigating measures, when evaluating whether the student needs a 504 plan.
- Discusses the obligation to
provide services based on students’ specific needs and not based on
generalizations about disabilities, or ADHD, in particular. For example,
the guidance makes clear that schools must not rely on the generalization
that students who perform well academically cannot also be substantially
limited in major life activities, such as reading, learning, writing and
thinking; and that such a student can, in fact, be a person with a
disability.
- Clarifies that students who
experience behavioral challenges, or present as unfocused or distractible,
could have ADHD and may need an evaluation to determine their educational
needs.
- Reminds schools that they must
provide parents and guardians with due process and allow them to appeal
decisions regarding the identification, evaluation, or educational
placement of students with disabilities, including students with ADHD.
ED also released a document for parents explaining their rights, which can be accessed here.