What Are The Legal Rights of Students With ADHD?

Is your child suffering from ADHD? Is he/she having difficulties in studies and other activities?

The parents and the school authorities often strive about the best fit for the children with ADHD. The predominantly hyperactive and inattentive nature of the kids usually leads to challenging situations for them and their guardians in every aspect of life.

We need to remember that:

• Children with ADHD are no less than others

Attention Deficit Hyperactivity Disorder, commonly known as ADHD affects growth and development from a very early age. Three crucial manifestations of ADHD; inattentive, hyperactive and combined presentation may adversely affect children in school. However, two specific laws, the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973 are planned to guarantee equal access to the disabled students for education and school activities. The said acts ensure Free and Appropriate Public Education (FAPE) for all children, irrespective of ability. Some students are entitled to educational support under IDEA, others under Section 504 and at times both laws pertain.

Being affected with ADHD makes it harder to take down notes, extensive reading and writing, pen down assignments and also completing homework within time. Looking at the legal implications of these symptoms, the services via an IEP and unique education system provides relief. Additionally, if a student who has ADHD is partially affected to perform some activities at school and does not need special education, they qualify for a 504 plan. This includes services like nursing, counseling or accommodations.

One might ask:

What is the difference between an IEP and a 504 plan or the advantages covered by the 504 law?

An IEP is a detailed process to specify what will a student receives, when and how it will be accepted and the parameters through which it will be measured. It also includes due protection of the students as well as the parents who ensure their participation. Comparatively, a 504 plan is comprised of IEP services which come with smooth and adaptable features. It’s harder to impose and is low on accountability. Significantly, safeguards concerning discipline with an IEP are more precise than a 504 plan.

Another important question that might arise here is:

Are the schools responsible for teaching the academic skills when a child lacks to manage their own education?

Planning his/her study for a test and seeing the test date online are different objects for a student who has ADHD. While a 504 plan focuses on accommodating the attributes of the disability enabling the students to perform in school at a sufficient level, IDEA emphasizes to provide curative learning to tackle disability. Conclusively, both laws - IDEA and 504 - resolve problems with educational skills, time management or organization which result due to the child’s disability.

Although the symptoms of ADHD begin in childhood, it can continue through the teen years and into adulthood. Children with all three types of ADHD experience many challenges in academic life. They can be very successful in educational services. Specifically, the Disabilities Education Act and Section 504 of the Rehabilitation Act of 1973 provide children with disabilities the same opportunity for education with those students having no disability. Both the Acts support a free and appropriate public education to all children prohibiting discrimination by maladies.

The debate:

Children with disabilities might be eligible for special education and relevant courses under Section 504, but it requires explicit and comprehensive details for both the parents and the schools to ensure its orderly exertion. It provides technical assistance to school districts and parents. Section 504 requires the recipients to contribute to the students with disabilities appropriate educational services to meet the individual needs of such students. The school districts generally engage in informing about the procedural requirements of Section 504 relating to the identification of students with disabilities, evaluation, and placement of such students and the due relevant process. By issuing a fair legal proceeding, they provide the review procedure.

Hence, by knowing the legal rights of the children with ADHD, we as responsible citizens can proceed accordingly and protest to protect them in case of any injustice and unfair means applied towards them.