![]() Just because your child has been diagnosed with ADD or ADHD doesn't mean that he or she is not automatically eligible for special education. This article explains the eligibility criteria under the Individuals with Disabilities Act (IDEA) and Section 504 of the ADA. Eligibility Under IDEA In order to qualify under IDEA, your child must need special education. For example, your child may need special education because ADD/ADHD makes her unable to pay attention in class. Another indicator that your child might need special education supports and related services is if your child's ADD/ADHD causes him to act impulsively towards other students, straining social relations and resulting in school discipline. Even though ADD/ADHD is not specific disabling conditions under IDEA, a child with ADD/ADHD is usually found eligible for special education under “Other Health Impairment” category. The Federal Regulations specifically include ADD and ADHD in their definition of Other Heath Impairment. Alternatively, a child with ADD/ADHD might also be found eligible for special education under the “emotional disturbance” (ED) or “specific learning disability” (SLD) classifications. Eligibility Under Section 504 If a child who has ADD/ADHD is found ineligible under the IDEA, she might still be eligible for support under Section 504 of the ADA. In order to establish 504 eligibility, you must show that ADD/ADHD interferes with a "major life activity." Section 504 eligibility is often established by showing ADD/ADHD interferes with the major life activity of learning. Read More: Find out more about special education eligibility in Massachusetts here. To learn more about the difference between a IEP and a 504 plan click here. To read a parent Q & A about ADD/ADHD and special education click here.
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The Law Office of Lillian E. Wong | Special education Law Blog |
It is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education.
Brown v. Board of Education, 347 U.S. 483 (1954)
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The Law Office of Lillian E. Wong, LLC
15 Morningside Drive
Topsfield, MA 01983
978-561-9001 (P)
978-561-1591 (F)
lwong@lillianwongesq.com
15 Morningside Drive
Topsfield, MA 01983
978-561-9001 (P)
978-561-1591 (F)
lwong@lillianwongesq.com
© 2018 by The Law Office of Lillian E. Wong LLC, all rights reserved.
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