Special Help in IDEA for Children with ADHD

Appendix A and Attachment One

Following the regulations are Appendix A and Attachment One. We cannot overemphasize how important these hidden gems are for our children with ADHD. You will not generally find them included with copies of the actual law or regulations. Rather, they followed the law and regulations in the Federal Register when they were originally published. The location in the Federal Register is Vol. 64, No. 48/Friday, March 12, 1999/Rules and Regulations.

     Most parents are not even aware of the existence of this new, powerful protection for children with ADHD.

Appendix A to Part 300-Notice of Interpretation (page 12469 of Federal Register)

Appendix A is in a "question and answer" format. It is very user friendly, answering some of the most common questions about interpretation of IDEA regulations. Advocacy lawyers often refer to this appendix. Print it out and keep it handy for reference. You can find it at wrightslaw.com. Again, you will find it following the law and regulations. 

Attachment One, Analysis of Comments and Changes, page 12537 of Federal Register 

     Attachment One rather takes the place of the letters of clarification that the U.S. Department of Education issued in the past. This is not the actual law, but the contents are strong guidelines and clarifications from the department. They are not to be taken lightly. 

     Since IDEA had not before even mentioned the term ADD or ADHD, this addition is tantamount to a kind of Bill of Rights for our children. It provides a strong start towards recognition of ADHD in our schools. This attachment can be found after the law, after the regulations, after Appendix A, and after Appendix B, which is an index to the law's regulations. Yes, it is equivalent to a treasure hunt, but well worth the search! 

     Attachment One reviews a good number of the areas of comment from the public, as well as the department's rationale of the their analysis regarding the actual regulation content. Of particular importance to parents of children with ADHD is the discussion found in Attachment One, Child with a Disability.

Discussion Excerpts

 Discussion: ......"Following the phrase 'limited strength, vitality or alertness,' and prior to the phrase, 'that adversely affects educational performance,' the words 'including heightened stimuli, which results in limited alertness with respect to their educational environment.'..... A child with ADD/ADHD may be eligible under Part B if the child's condition meets one of the disability categories described in 300.7, and because of that disability, the child needs special education and related services. Children with ADD/ADHD are a very diverse group; some children with ADD/ADHD who are eligible under Part B meet the criteria for 'other health impairments' category if (1) the ADD/ADHD is determined to be a chronic health problem that results in limited alertness, that adversely affects educational performance, and (2) special education and related services are needed because of the ADD/ADHD. All children with ADD/ADHD clearly are not eligible to receive special education and related services under these regulations, just as all children who have one of the other conditions listed under the other health impairment category are not necessarily eligible...... ." 

Further Clarification

The department, in further clarifying its position, addressed the fact that children with ADHD may be eligible for special education services under other classifications if they meet the criteria under those categories. Regardless of what disability designation is attached, children with ADD/ADHD meeting the criteria for any of the listed disabilities under these regulations must receive the specialized instruction and related services designed to address their individualized needs arising from the ADD/ADHD. 

     No child is eligible for services under the Act merely because they child is identified as being in a particular disability category. Children identified as ADD/ADHD are no different, and are eligible for services only if they meet the criteria of one of the disability categories in Part B, and because of their impairment, need special education and related services.

      A medical diagnosis is not required for a child with ADHD to be served under IDEA unless the child's state of residence has written in that requirement. That decision is left up to each state. Parents would be wise to ask for their state's requirements for meeting the qualifications for IDEA. You can obtain this information from your State Department of Education. 

Medical Supervision

     While a medical diagnosis is not required, it is most important that a child with ADHD have the necessary oversight and treatment by physicians and others who may be needed to direct treatment and monitor progress.

This information is educational only, and not meant to be construed as legal advice, or to take the place of legal advice.