Evaluating the Need for Separate ADHD Schools and Knowing Your Child's Legal Rights

When a child has ADD ADHD, it is not uncommon forenough to impair the child's education. Children who
the first person to recognize the symptoms to be thesuffer from ADHD may also qualify under IDEA if they
child's teacher. Many of the symptoms of ADHD canhave simultaneously been diagnosed with a learning
seem more pronounced in a structured classroomdisablity or with emotional problems.
setting, when a child is forced to sit still and focus onChidren who don't qualify for specialized education
something specific. Of course, a teacher's suspicion isunder IDEA can still find help under Section 504 of the
not grounds for assumption that your child has theRehabilitation Act of 1973, which is an anti-discrimination
condition. A diagnosis of ADHD should come only afterprovision designed to protect people with disabilities. It
valid ADHD assessment tests and extensiveprohibits programs that are federally funded, such as
professional evaluation that includes such factors aspublic schools, from discriminating against people with
his or her behavior at school, at home and at play, anddisabilities, and requires schools to accomodate them.
that eliminates the possibility that your child is sufferingAccomodations can include things such as altering
from other conditions, such as depression or anxiety,test-taking rules or providing help with note-taking.
that can produce similar symptoms.The Americans with Disabilities Act also prohibits
If you do determine that your child has ADHD anddiscrimination on the basis of disability, but includes
needs special child ADHD treatment, you should beorganizations which recieve no federal funding. Under
aware of the legal rights your child has to an educationthis provision, children with ADHD qualify for special
that accomodates his or her needs. ADHD childrenhelp at public and at private schools.
can have difficulty performing well in school andAlthough these statutes must be legally upheld by
teachers can become frustrated with students whoschools, some school systems do not accurately train
have behavioral problems or who require constantteachers and administrators to recognize the
attention. Although you can weigh the benefits ofsymptoms of ADHD, and they are often unaware of
private tutors, homeschooling or "ADHD schools" --their legal obligations to accomodate children who
special schools for children with learning disabilitiessuffer from it. Your child does have a legal right to
(ADHD is not technically a learning disability, but somethese provisions, and you have the right to request
schools have programs that include instruction forthem. In rare cases, when a school has been found to
ADHD children), there are laws which mandate thatlack in sufficient accomodation, the state has paid for
your child receive specialized education within thechildren to attend specialized private schools. Many
confines of the public school system as well.public schools, however, have excellent systems in
The Individuals with Disabilities Education Act (IDEA) isplace, and more and more frequently, teachers are
a federal statute that requires schools to identifybeing trained to teach all kinds of students, including
children who have ADHD or other learning disordersthose with ADHD.
and to provide special education or provide otherWebmaster: You are authorized to reprint this article
services to qualifying students. In order to qualify underproviding the author bio/resource box is left completely
IDEA, a child's ADHD must be found to be severein tact - including all hyperlinks.