Students from elementary school all the way through college who have Attention Deficit Hyperactivity Disorder (ADHD) face many serious challenges in school. They struggle in many ways – academically, socially, and emotionally – because of their disability and often fail to thrive in school. This can lead to lots of additional problems – such as social isolation and depression – which can threaten the students' chance to succeed inside and outside the classroom.
That's why it's crucial for students who suffer from ADHD – and their parents – to know what disability accommodations they're entitled to under the law and how to go about getting them.
What is ADHD?
According to the Centers for Disease Control and Prevention (CDC), ADHD is one of the most common childhood disorders. It's usually diagnosed in childhood and often continues into adulthood. Children with ADHD typically don't “grow out of it” and are usually treated with a combination of medication and behavioral therapy.
ADHD affects many students of all ages. The CDC estimates that six million children ages 3 - 17 have ADHD; six percent of college students report having ADHD; and approximately 25 percent of college students who get some kind of disability services have ADHD – and this percentage increases every day.
ADHD Can Have a Devastating Impact on a Student's Education
Students who suffer from ADHD often experience difficulty in school. The behavioral problems and challenges they experience because of their disability make it difficult for students with ADHD to succeed in school without help.
Success in school – and especially in college – requires strong organization skills, time management skills, discipline, and the ability to prioritize. These are things that students with ADHD generally struggle with.
Students who have ADHD also have behavioral challenges that make it tough for them to succeed in school. They can be overly active in class and during school activities. They have trouble paying attention and concentrating and have trouble controlling their impulses. They may also get easily overwhelmed, take unnecessary risks, make careless mistakes, have trouble taking turns, and have difficulty getting along with other students.
Unsurprisingly, these issues can create barriers to high academic achievement, which can cause a harmful domino effect. Poor grades can lead to low self-esteem, a negative self-image, and depression, which increases the risk of substance abuse and other kinds of self-harm. This impact that ADHD can have on a student's life shouldn't be minimized or ignored.
Another problem students with ADHD face is that teachers and school staff often mistake their behavior challenges for intentionally disruptive behavior – which means that students with ADHD often get punished for behavior that they can't control because of their disability. This can be frustrating for students and their parents. What's worse is that these punishments – which can include detention, suspension, and expulsion – can become part of the student's permanent school record.
Students with ADHD also struggle socially at school. They report that the other students exclude them by not inviting them to parties, group outings, and social gatherings or by outright ignoring them. This can lead to feelings of alienation and depression, especially for college students with ADHD.
Bad grades and disciplinary problems in school can permanently damage a student's academic record and limit their prospects for college acceptance and successful careers. Social and emotional problems can be extremely stressful and can also lead to poor academic performance, and may cause students to feel isolated from their peers and prevent them from fully participating in all that their school has to offer.
The good news is that there's help – and hope – for students with ADHD. Laws are in place that entitle students with ADHD to special support services that can help them succeed in school and beyond.
Students With ADHD Have Disability Rights and Are Entitled to Disability Accommodations
Students with ADHD have disability rights under federal law. Specifically, Section 504 of the Rehabilitation Act of 1973 (Section 504), the Americans with Disabilities Act (ADA), and the Individuals With Disabilities Education Act (IDEA) work together to basically tell schools how to treat students with disabilities.
These laws generally define a disability as a “physical or mental impairment” that limits one or more “major life activities.” Under these criteria, ADHD easily qualifies as a disability: it's a mental impairment that limits students' abilities in many ways – including getting an education, which is clearly a major life activity.
How disability accommodation laws work together can be complex and difficult to understand. In general, Section 504 and IDEA apply to students in grades K-12, while college students should look to the ADA for help obtaining their disability accommodations.
In order to get a disability accommodation, a student with ADHD has to request one from the school. The school will have its own set of rules and procedures that you have to follow to the letter in order to have a chance of getting your request granted. Policies and procedures can vary from district to district, so make sure you know what your school's policies and procedures are before making your request.
There are many accommodations that students with ADHD may be entitled to.
Students With ADHD May Be Entitled to an IEP
One of the accommodations students with ADHD may be entitled to under federal law is called an Individualized Education Plan (IEP). An IEP is an education plan that's designed specifically for a student by school administrators, teachers, and parents to help the student get the support they need and are entitled to. Intellectual disabilities, emotional issues, and learning disabilities, including ADHD, are all conditions that qualify for an IEP.
It's important to know that not all students with ADHD are entitled to an IEP. IEPs are available to K-12 students in public or charter schools. School districts aren't required to provide IEPs to students who are enrolled in private schools, and when a high school student goes to college, the college doesn't have to follow the student's IEP.
An IEP for a student with ADHD might provide extra time for the student to complete assignments and tests, the option to take tests alone, and the option to submit assignments in formats other than in writing.
Students With ADHD Are Entitled to FAPE
According to Section 504, individuals with disabilities are entitled to receive the same public education that every other student receives. It also requires schools to provide what's referred to as a free appropriate public education (FAPE) to all individuals with a qualifying disability. All schools and educational programs that receive federal funding have to comply with Section 504.
A qualifying disability under Section 504 is a mental or emotional impairment that limits a student's activities, a diagnosis that the student has such an impairment, or a situation where a student is generally known to have such an impairment. Students with ADHD would, therefore, qualify for FAPE under Section 504.
What FAPE looks like for students with ADHD will vary depending on many factors, such as the student's individual circumstances and learning challenges, the nature of their disability, and the school district that they're in. FAPE doesn't entitle students with disabilities to receive the best available services, and it doesn't entitle students with disabilities to receive any or every service they want.
College Students with ADHD May Be Entitled to Reasonable Accommodations
The ADA requires colleges and universities to provide reasonable accommodations to students with disabilities. In order to obtain a reasonable accommodation, a college student with ADHD can provide documentation or an ADHD diagnosis to the school and request an accommodation that's appropriate under the circumstances.
Many colleges offer services for students with disabilities. Students with ADHD might choose to use their IEP from high school to show the college that they have a disability and need help. The school may choose to use the IEP as guidance when determining what would be a reasonable accommodation for that particular student.
Reasonable accommodations for college students with ADHD can include changes to a syllabus that give a student more time to complete assignments and tests and any other changes to a course or degree program that will enable the student to successfully complete them.
What to Do If a School Fails to Accommodate a Student's ADHD Disability
Unfortunately, students with ADHD can sometimes encounter difficulty obtaining disability accommodations from their school. For example, some schools may fail to recognize a student's ADHD disability at all.
Other schools may recognize a student's ADHD disability but fail to grant the student an accommodation, and some schools may recognize a student's ADHD disability but fail to adequately accommodate the student.
It's critical to a student's success that they get the accommodations that they need and are entitled to under the law. When sorting out accommodation issues with a school, it's critical to follow the school's accommodation policies and procedures to the letter and to take a cooperative approach with the school whenever possible.
The Lento Law Firm's Skilled National Education Law Team Can Help Students with ADHD Get the Accommodations They Need and Get the Education They Deserve
Students with ADHD deserve the best education possible. It's crucial for their future success and the enjoyment of their everyday lives. Disability accommodations can be the key to their academic success.
However, the legal issues and procedures involved in obtaining a disability accommodation for students with ADHD are complicated. It can be extremely difficult and overwhelming for students with ADHD and their parents to understand the legal nuances and navigate the intimidating accommodation process. There's too much at stake to try to handle this enormous task alone.
The experienced attorneys on the Lento Law Firm's National Education Law Team have years of experience helping students with ADHD and their parents work with schools around the country to ensure that the students receive the disability accommodations they are entitled to under the law and give them the best chance to achieve academic success. Contact the Lento Law Firm at 888-535-3686 or submit a confidential online consultation form.
