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Attention Deficit Disorder-Legal (reviewed January 2000)

What information is available on legal issues and attention deficit disorder?

Most students with ADD are served in the general education classroom. Some students may receive services under the rules and regulations of either Individuals with Disabilities Education Act (IDEA) or Section 504 of the Rehabilitation Act of 1973. The IDEA defines as eligible only students who have certain specified types of disabilities and who, because of one of those conditions, need special education and specially designed instruction. Section 504, protects all qualified students with disabilities, defined as those having any physical or mental impairment that substantially limits one ore more major life activities including learning. Section 504 covers all students who meet this definition, even if they do not need to be in a special education program. It is important for classroom teachers and other professionals who work with these students to understand the classroom modifications and accommodations that can assist these students. (From "Section 504 and the ADA Promoting Student Access: A Resource Guide for Educators. Council for Exceptional Children, Reston, VA.)

Following are links to related ERIC Digests, minibibliographies, frequently asked questions (FAQs), Internet resources, and Internet discussion groups, as well as selected citations from the ERIC database and the search terms we used to find the citations.


You can search the ERIC database yourself on the Internet through either of the following web sites:

ERIC Citations

The full text of ERIC documents (for example, EDxxxxxx) is available:

  • In microfiche collections worldwide; to find your nearest ERIC Resource Collection, point your web browser to: http://ericae.net/derc.htm.
  • For a fee through the ERIC Document Reproduction Service (EDRS): http://edrs.com, service@edrs.com, or 1.800.443.ERIC. (no longer available)

The full text of citations beginning with an EJ number (for example, EJxxxxxx) is available for a fee from:

ERIC Search Terms Used

attention deficit disorders

AND

compliance legal OR student rights

EJ499251 EC610494
Comprehensive Assessment of Children and Youth with ADHD.
Burcham, Barbara G.; DeMers, Stephen T.
Intervention in School and Clinic, v30 n4 p211-20 Mar 1995
ISSN: 1053-4512
Language: English
Document Type: JOURNAL ARTICLE (080); NON-CLASSROOM MATERIAL (055)
Journal Announcement: CIJJUL95
Principles of comprehensive assessment of students with attention deficit hyperactivity disorder are examined in relation to legal compliance, special considerations for cultural diversity, medical diagnosis versus educational identification, and the problem-solving assessment model. Strengths and weakness of specific strategies are identified as are promising school-based and clinic-based practices.
Descriptors: *Attention Deficit Disorders; Clinical Diagnosis; Compliance (Legal); Cultural Differences; Disability Identification; Educational Diagnosis; *Educational Practices; Elementary Secondary Education; *Evaluation Methods; *Hyperactivity; Medical Evaluation; Models; Problem Solving; *Student Evaluation

EJ503054 EC611129
Section 504 and "Front Line" Educators: An Expanded Obligation to Serve Children with Disabilities.
Fossey, Richard; And Others
Preventing School Failure, v39 n2 p10-14 Win 1995
ISSN: 1045-988X
Language: English
Document Type: JOURNAL ARTICLE (080); POSITION PAPER (120)
Journal Announcement: CIJSEP95
Target Audience: Administrators; Practitioners
This overview of Section 504 of the Rehabilitation Act of 1973 notes differences between this law and the Individuals with Disabilities Education Act. The procedural requirements that Section 504 imposes on teachers and principals are outlined, and issues concerning the possible coverage of children with attention deficit disorder are discussed. Practical suggestions for implementing this law conclude the article.
Descriptors: *Attention Deficit Disorders; *Compliance (Legal); *Disabilities; Educational Legislation; Elementary Secondary Education; Eligibility; *Federal Legislation; Rehabilitation; *School Responsibility
Identifiers: *Rehabilitation Act 1973 (Section 504)

EJ497557 EC610213
Attention-Deficit/Hyperactivity Disorder and Section 504.
Reid, Robert; Katsiyannis, Antonis
Remedial and Special Education, v16 n1 p44-52 Jan 1995
ISSN: 0741-9325
Language: English
Document Type: JOURNAL ARTICLE (080); REVIEW LITERATURE (070)
Journal Announcement: CIJJUN95
Target Audience: Practitioners; Administrators
A review is presented of Office of Civil Rights rulings on the eligibility, assessment, and accommodations for children with attention deficit hyperactivity disorder under Section 504 of the Rehabilitation Act of 1973. Emphasis is on requirements of the law for educational settings and differences and similarities with requirements of the Individuals with Disabilities Education Act.
Descriptors: Accessibility (for Disabled); *Attention Deficit Disorders; *Civil Rights Legislation; *Compliance (Legal); Eligibility; Federal Legislation; Federal Regulation; *Hyperactivity; Intervention; Rehabilitation; Student Evaluation; Student Rights
Identifiers: Individuals with Disabilities Education Act; Office for Civil Rights; *Rehabilitation Act 1973 (Section 504)

ED378750 EC303647
ADHD--New Legal Responsibilities for Schools. Policy Briefs.
Gregg, Soleil
Appalachia Educational Lab., Charleston, WV. State Policy Program. 1994
9p.; Sponsoring Agency: Office of Educational Research and Improvement (ED), Washington, DC. Contract No: RP91002002
EDRS Price - MF01/PC01 Plus Postage.
Language: English
Document Type: SERIAL (022); NON-CLASSROOM MATERIAL (055)
Geographic Source: U.S.; West Virginia
Journal Announcement: RIEJUN95
Target Audience: Policymakers; Administrators; Practitioners
Children with attention deficit hyperactivity disorder (ADHD) are provided for under three federal statutes: the Individuals with Disabilities Education Act (IDEA), Part B; Section 504 of the Rehabilitation Act of 1973; and the Americans with Disabilities Act of 1990. State education agencies have ultimate responsibility for providing a free appropriate education for students with this disability by providing services directly, by contracting for services, or by delegating responsibility to local education agencies. To meet legal requirements, schools must identify and provide services for eligible children, educate children with ADHD along with nondisabled children to the extent possible, eliminate practices and policies that allow disabled children to be suspended or expelled for more than 10 days for behavior associated with their disability, and follow procedural safeguards outlined in IDEA. Because state education agencies are responsible for school oversight, a state's education policymakers have a clear mandate to formulate policy and develop a state plan for educating disabled students. To prevent school failure for children with ADHD and unnecessary lawsuits, they must be sure the policy and plan are known and implemented in the state's schools. Questions that policymakers need to ask about providing services to students with ADHD are listed. Efforts in Kentucky, Tennessee, Virginia, and West Virginia to train regular education teachers to educate children with ADHD are described.
Descriptors: *Attention Deficit Disorders; *Compliance (Legal); Educational Legislation; *Educational Policy; Elementary Secondary Education; Federal Legislation; Government Role; *Hyperactivity; Inclusive Schools; *Legal Responsibility; Mainstreaming; School Districts; School Policy; School Responsibility; *State Departments of Education; State Government; Student Rights

EJ492851 EA529949
Individuals with Disabilities: The School Principal and Section 504.
Katsiyannis, Antonis
NASSP Bulletin, v78 n565 p6-10 Nov 1994
ISSN: 0192-6365
Language: English
Document Type: EVALUATIVE REPORT (142); JOURNAL ARTICLE (080)
Journal Announcement: CIJMAR95
Given principals' responsibility to ensure that all their students are appropriately educated, they are obligated to provide adequate leadership for developing the knowledge base and competence to secure Section 504 compliance (and avoid unnecessary penalties). Section 504 applies to students with Attention Deficit Hyperactivity Disorder who do not qualify under IDEA to receive necessary services.
Descriptors: *Administrator Responsibility; *Attention Deficit Disorders; *Disabilities; Elementary Secondary Education; Hyperactivity; *Leadership Qualities; *Principals
Identifiers: Inclusive Educational Programs; *Individuals with Disabilities Education Act; *Rehabilitation Act 1973 (Section 504)

EJ544302 EA533391
ADD/ADHD Students and Section 504.
Zirkel, Perry A.; Gluckman, Ivan B.
Principal, v76 n5 p47-48 May 1997
ISSN: 0271-6062
Language: English
Document Type: EVALUATIVE REPORT (142); LEGAL MATERIAL (090); JOURNAL ARTICLE (080)
Journal Announcement: CIJOCT97
Discusses the case of an 8-year-old boy with Attention Deficit Hyperactivity Disorder, problem behavior, and good grades, who was denied eligibility for special education under IDEA's "other health impaired" clause and Section 504. The court "ducked" on the parent's second claim concerning level of services available under Section 504. Principals must struggle to keep abreast of the laws governing "new" disabilities.
Descriptors: *Attention Deficit Disorders; *Court Litigation; Elementary Education; *Federal Legislation; *Learning Disabilities; Legal Problems; *Special Education; *Student Rights
Identifiers: District of Columbia; *Individuals with Disabilities Education Act

EJ492836 EA529927
The Approaching Epidemic of Attention Deficit Disorder.
Zirkel, Perry A.
School Administrator, v51 n10 p28-30 Nov 1994
ISSN: 0036-6439
Language: English
Document Type: EVALUATIVE REPORT (142); JOURNAL ARTICLE (080)
Journal Announcement: CIJMAR95
The crisis concerning attention-deficit-disorder students is overblown as a legal matter. Although perceived acutely by particular parents and advocated aggressively by the Children and Adults with Attention Deficit Disorders (CHADD), the needs of ADD/ADHD students range from noneligibility to entitlement for full services under the Individuals with Disabilities Act. Providing proper evaluation and classroom accommodations is essential.
Descriptors: Administrator Responsibility; *Attention Deficit Disorders; Elementary Secondary Education; *Eligibility; *Hyperactivity; *Legal Problems; Regular and Special Education Relationship; *Student Evaluation
Identifiers: *Individuals with Disabilities Education Act; Rehabilitation Act 1973 (Section 504)

ED422698 EC306661
Attention Deficit Disorder in School: Teachers, Students and Parents. Partners in Education.
Latham, Patricia H.; Latham, Peter S.
National Center for Law and Learning Disabilities, Cabin John, MD. 1998
5p.
Available From: National Center for Law and Learning Disabilities, P.O. Box 368, Cabin John, MD 20818; telephone: 301-469-8308; fax: 301-469-9466.
EDRS Price - MF01/PC01 Plus Postage.
Language: English
Document Type: NON-CLASSROOM MATERIAL (055)
Geographic Source: U.S.; Maryland
Journal Announcement: RIEFEB99
This publication provides an overview of attention deficit disorders (ADD) and the legal rights of students with ADD to educational services under federal legislation. Possible accommodations that schools can make for students with ADD are provided and include: (1) educate teachers and staff concerning the nature of ADD and the proper techniques for interacting with students with ADD; (2) provide structure and reduce distraction in class; (3) simplify and repeat, as necessary, instructions regarding class and homework; (4) give instructions clearly, both orally and in writing; (5) provide frequent and specific feedback from teachers; (6) provide accommodations such as taped textbooks, tape recorders, repetition, time for questions, summaries, study guides, extra time for assignments, course modifications, tailored homework assignments, modified text books and work books, and priority seating in the front of the room; (7) provide test accommodations such as extra time, quiet room, alternative formats, and opportunities to ask questions; (8) provide one-on-one tutorials, classroom aides, note takers, and a services coordinator; (9) modify non-academic times; and (10) use behavioral management techniques and tailor responses to the needs of students with ADD. Possible strategies for students with ADD are also provided.
Descriptors: *Access to Education; *Attention Deficit Disorders; Classroom Environment; Classroom Techniques; Educational Legislation; Educational Strategies; Elementary Secondary Education; *Etiology; Federal Legislation; *Student Rights; Teacher Student Relationship; Teaching Methods
Identifiers: *Academic Accommodations (Disabilities); *Testing Accommodations (Disabilities)

ED354688 EC301871
Attention Deficit Disorder and the Law. A Guide for Advocates.
Latham, Peter S.; Latham, Patricia H.
1992; 127p. Available From: JKL Communications, 1016 16th St., N.W., Suite 700, Washington, DC 20036 ($25; quantity discount available).
EDRS Price - MF01 Plus Postage. PC Not Available from EDRS.
Language: English
Document Type: NON-CLASSROOM MATERIAL (055)
Geographic Source: U.S.; District of Columbia
Journal Announcement: RIEJUL93
This guide provides a survey of those laws that directly affect the child with attention deficit disorder (ADD), with or without hyperactivity. The guide addresses three general classes of rights: (1) civil rights (for example, the right to equal treatment and opportunity under the law); (2) the right to society's support in educational services and disability payments; and (3) the right to exemption from military service. The guide is divided into 14 parts, of which the first 3 are an introduction, an outline of the judicial system, and an explanation of equal protection and due process guaranteed by the U.S. Constitution. Subsequent parts address the major federal laws which define the rights of individuals with ADD, including: the Rehabilitation Act of 1973; the Individuals with Disabilities Education Act; the Americans with Disabilities Act; the Social Security Act; and the Selective Service Act. Other sections deal with individualized inquiry, state law remedies, court litigation, and parent advocacy. A final section on resources lists approximately 20 textbooks, policy documents, and organizations.
Descriptors: *Attention Deficit Disorders; Child Advocacy; *Civil Rights; *Court Litigation; Court Role; Due Process; Elementary Secondary Education; Equal Protection; *Federal Legislation; Hyperactivity; *Legal Responsibility; Military Service; School Law; State Legislation; *Student Rights

EJ484544 CG544907
Comments on Legal Rights of Students with Attention Deficit Disorder.
Gammel, Dorothy L.
School Psychology Quarterly, v7 n4 p298-301 Win 1992
ISSN: 1045-3830
Language: English
Document Type: POSITION PAPER (120); JOURNAL ARTICLE (080)
Journal Announcement: CIJOCT94
Responds to previous article (Hakola, this issue) on legal rights of students with Attention Deficit Disorder (ADD). Discusses resistance on part of special and regular educators to comply with law, calling resistance understandable and perhaps warranted when it stems from philosophical orientation, diagnostic and classification issues, and monetary concerns.
Descriptors: *Attention Deficit Disorders; Elementary Education; *Elementary School Students; Federal Legislation; *Legal Responsibility; Special Education; *Student Rights

ED364014 EC302583
Section 504. Guidelines for Educators.
Fishbaugh, Mary Susan
Montana State Dept. of Public Instruction, Helena. Oct 1992; 119p.
EDRS Price - MF01/PC05 Plus Postage.
Language: English
Document Type: NON-CLASSROOM MATERIAL (055)
Geographic Source: U.S.; Montana
Journal Announcement: RIEAPR94
Government: State
Target Audience: Administrators; Practitioners
This manual, developed in Montana, is intended to assist schools in complying with Section 504 of the Rehabilitation Act of 1973 which requires the provision of services to people with disabilities in a nondiscriminatory manner. The first section provides an introduction to Section 504, noting that some students not covered by the Individuals with Disabilities Education Act (IDEA) may be covered under Section 504. The second section examines school district responsibilities under the law, including written assurance of nondiscrimination, designation of a compliance coordinator, grievance procedures, and procedural safeguards. Eligibility procedures under Section 504 for receiving a free appropriate public education are considered next, including referral, Section 504 student determination, evaluation procedures, the individualized program, placement, reevaluation, and procedural safeguards. A Section 504 policy/procedures checklist is attached. The fourth section looks at special issues including transportation, residential placement, nonacademic services, program accessibility, students with special health care needs, students with attention deficit hyperactivity disorder, and funding. Definitions of key terms in the law and a variety of sample forms to be used by schools are also provided. Appendices contain: (1) the text of Section 504 as amended in 1990; (2) memoranda from the Office of Civil Rights regarding substance abuse, distinctions between Section 504 and IDEA, and attention deficit hyperactivity disorder; (3) a systematic comparison of IDEA, Section 504, and the Americans with Disabilities Act; and (4) additional resources.
Descriptors: Accessibility (for Disabled); Attention Deficit Disorders; *Compliance (Legal); *Disabilities; Due Process; Educational Legislation; Elementary Secondary Education; *Eligibility; *Federal Legislation; Hyperactivity; *Legal Responsibility; Regular and Special Education Relationship; Rehabilitation; Residential Programs; School Responsibility; State School District Relationship; Student Evaluation; Student Placement; Transportation
Identifiers: Individuals with Disabilities Education Act; *Montana; *Rehabilitation Act 1973 (Section 504)

ED343319 EC301001
Special Education for Children with Attention Deficit Disorder: Current Issues. CRS Report for Congress.
Aleman, Steven R.
Library of Congress, Washington, D.C. Congressional Research Service. 5 Dec 1991; 23p. Report No: CRS-91-862-EPW
EDRS Price - MF01/PC01 Plus Postage.
Language: English
Document Type: GENERAL REPORT (140)
Geographic Source: U.S.; District of Columbia
Journal Announcement: RIEAUG92
Government: Federal
Target Audience: Policymakers
This paper examines issues concerning the eligibility of children with attention deficit disorder (ADD) for special education and related services under the Individuals with Disabilities Education Act (IDEA). A policy memorandum was issued by the Department of Education in September 1991, identifying those circumstances under which such children are eligible for special services. Such children are seen to qualify under IDEA's "other health impairments" category if ADD is a chronic or acute health problem that limits alertness, adversely affects educational performance, and requires special education. They may also qualify under other IDEA disability categories or under Section 504 of the Rehabilitation Act of 1973. The policy interpretation memorandum was issued after reviewing public comments required under the Education of the Handicapped Act Amendments (1990) and is intended to clarify for states and local school districts their responsibilities under federal law toward children with ADD. Currently at issue is implementation of the Department's ADD policy and further consideration by Congress of eligibility of children with ADD under IDEA. An appendix summarizes the history, causes, prevalence, diagnosis, treatment, and educational implications of ADD.
Descriptors: *Attention Deficit Disorders; Compliance (Legal); Definitions; *Educational Legislation; Educational Policy; Elementary Secondary Education; *Eligibility; *Federal Legislation; Pupil Personnel Services; *Special Education; Student Needs
Identifiers: *Individuals with Disabilities Education Act; Rehabilitation Act 1973 (Section 504)
 

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