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Department of Education to Consider Eliminating Critical ADHD Protection

Attention deficit and hyperactivity disorder (ADHD or ADD) is a common diagnosis for school-aged children. It can significantly impact a student’s ability to be successful in school, make friends and affects self-esteem.
Christi Yoder - Longmont Observer
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(Christi Yoder – Longmont Observer)

This content was originally published by the Longmont Observer and is licensed under a Creative Commons license.

Attention deficit and hyperactivity disorder (ADHD or ADD) is a common diagnosis for school-aged children. It can significantly impact a student’s ability to be successful in school, make friends and affects self-esteem. ADHD is recognized under the Americans with Disabilities Act (ADA) and is also covered under the Rehabilitation Act of 1973, Section 504. These acts are in place to ensure that students are not discriminated against on the basis of their ADHD diagnosis. Now, some of those protections may be in jeopardy. Based on the CDC's national average of 11% of school-aged children being diagnosed with ADHD, this will affect approximately 3,500 students in the St. Vrain Valley School District.

Section 504 applies to schools receiving federal funds and requires schools to make accommodations for qualified students so that they can “reach the same level of achievement” as students without ADHD. The ADA is similar, but applies to most institutions regardless of whether they receive federal funding and requires them to make reasonable accommodations for the student. Both acts define the requirements a student with ADHD must meet to be protected and offered accommodations.

Further guidance and clarification on providing students accommodations under the Rehabilitation Act was given by the Department of Education in 2016 known as the Dear Colleague Letter and Resource Guide on ADHD. This month, the Department of Education announced plans, under President Trump’s Executive Order 13777, to review the Letter of Guidance for possible elimination. The Letter of Guidance gives educators more clarification on how to recognize students with ADHD, who are struggling academically. It is designed to help school districts set up the appropriate supports for these students. The Letter of Guidance warns that failure to provide adequate support to students with ADHD could result in the loss of federal funding. According to Ruth Hughes, Ph.D., former CHADD CEO (Children and Adults with Attention Deficit/Hyperactivity Disorder), “The 2016 Letter of Guidance on ADHD has been an incredibly effective document for ensuring that students struggling with ADHD receive the supports they desperately need to succeed in school. And it has helped address the enormous inconsistencies in schools across the country in the eligibility and implementation of 504 Plans.”

Under the clarification provided in the Letter of Guidance, students with ADHD and discipline issues may be eligible for services and a behavioral plan under 504 to help with the ADHD behaviors. Just because a student performs academically at or above grade level does not mean that the student is not eligible for 504 services. Although people usually associate ADHD with hyperactivity, it can also present as inattention without the hyperactivity. Under the guidance provided in the Letter of Guidance, these students are still eligible for services under the 504. Perhaps, the most important provision in the letter is that each student must have their own individual plan. Schools cannot have a general plan for all students.

The Letter of Guidance was originally developed because the Department of Education received more than 11,000 complaints of discrimination from 2011 to 2016, more than 2,000 of which were related to ADHD. The fear is that revocation of the Letter of Guidance will make students with ADHD more vulnerable to discrimination according to CHADD president Michael McKay. CHADD is a national advocacy group for parents with ADHD kids. In addition, 504 plans are often not seen as being effective protection for students with ADHD. A 2014 survey conducted by CHADD showed that out of 700 respondents, two thirds felt their child’s 504 plan was ineffective.

Parents that are concerned and want to comment may do so here by clicking on the green “Submit a Formal Comment” button at the top right hand side of the page. You must include the following at the top of your comments:

The deadline for comments is September 20, 2017 at 11:59 ET. More information on ADHD can be found on the CHADD website and the ADDitude Magazine website.