Page:Know Your Rights - Students with ADHD.pdf/1

UNITED STATES DEPARTMENT OF EDUCATION
Office for Civil Rights

Know Your Rights: Students with ADHD

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If you are the parent or guardian of a student in public elementary or secondary school, including a charter school, and that student has attention-deficit/hyperactivity disorder (ADHD), the information below summarizes your rights and your school district’s legal obligations under a Federal civil rights law that prohibits disability discrimination called Section 504 of the Rehabilitation Act of 1973 (Section 504).

Federal Law Protects Students from Disability Discrimination

• Section 504 protects any student with a disability from discrimination based on disability.
• Regardless of how well he or she performs in school, a student who has trouble concentrating, reading, thinking, organizing or prioritizing projects, among other important tasks, because of ADHD may have a disability and be protected under Section 504.
• A student with ADHD who has a disability under Section 504 may also be entitled to special education or related aids or services from his or her school district.

Your School District Must Determine if A Student Has a Disability and Needs Services

• Under Section 504, your school district must evaluate a student, at no cost to you, if the district believes or has reason to believe a student has a disability and needs special education and/or related services because of that disability.
• You can also request that the school district evaluate a student. For example, you might request an evaluation if you suspect a student has ADHD, or a student has received a diagnosis of ADHD outside of school.

• A district must either: (1) conduct the evaluation, or (2) explain why it is refusing to evaluate the student and notify you of your right to dispute that decision through the due process procedures under Section 504.
• During an evaluation process, you can, but are not required to, provide information to the school to consider before an evaluation.

• Signs that a student may need an evaluation could be: considerable restlessness or inattention; trouble organizing tasks and activities; communication or social skill deficits; or significant difficulty related to beginning a task, recalling information, or completing assignments.
• Your school district must determine if an evaluation is necessary even if a student exhibits behavioral (and not academic) challenges.
• If the school district suspects a student has a disability, the district cannot deny or delay this disability evaluation in order to first provide the student with intervention strategies.
• If your school district requires, as part of the evaluation, a medical assessment to determine whether a student has ADHD, the school district must ensure that the student receives this assessment at no cost to you.

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