HOW SECTION 504 ADDRESSES STUDENTS WITH ADHD

How Section 504 Addresses Students With ADHD



What can districts share legally and ethically about students that move from district to district

Many elementary and secondary students with ADHD experience cognitive, academic, and social problems. Students with ADHD are more likely to be behind their peers in intellectual development. There is evidence to suggest that these students may score an average of 7.5 to 15 points below their classmates on standardized intelligence tests (Hoff & colleagues, 2002). Along with cognitive difficulties, these individuals are at risk for academic problems. Many students with ADHD experience academic difficulties in reading, mathematics, and spelling and may qualify for special education services under the specific learning disability of the Individuals With Disabilities Education Act (IDEA), the major special education law in the United States.

These individuals may also qualify for special education services under the other health impairment (OHI) category of IDEA, or they may qualify for accommodations in the regular education classroom under section 504 of the Rehabilitation Act of 1973, a federal law that protects the rights of individuals with disabilities. Because of the academic and cognitive difficulties, some students with ADHD experience failure in school (Hoff & colleagues, 2002) and eventually drop out. Besides experiencing academic and cognitive difficulties, these students are more likely to demonstrate disruptive, intrusive, and off-task behaviors in the classroom, which interferes with their learning and possibly other students' learning, and may make these students less popular with their classmates. (McGahey, 2000)

If interventions selected and implemented based on the assessment results from the previously administered instruments do not produce positive change in the area(s) of concern, a comprehensive evaluation is likely to follow and may include intelligence tests, academic achievement tests, and other measures, depending on the area or areas of concern. Based on the assessment results of this comprehensive evaluation and discussion among school personnel and the parent(s) and possibly the child or adolescent, placement in special education or implementation of a 504 plan (i.e., accommodations in the regular education classroom) may result. (Galloway, 2005)

Although ADHD is not specifically designated under the Individuals With Disabilities Education Act, some children and adolescents may be eligible for special education services depending on the severity of their symptoms and the presence of specific learning disabilities. Many families of color are suspicious of in-school services because of stigma and because of the disproportionate representation of African ...