U.S. Department of Education Releases Guidance On Civil Rights of Students with ADHD under Section 504 of the Rehabilitation Act of 1973 (Section 504)

Friday, July 29, 2016

On July 27, 2016, the U.S. Department of Education’s Office for Civil Rights (OCR) issued a written guidance clarifying the obligation of schools to provide students with attention-deficit/hyperactivity disorder (ADHD) with equal educational opportunity under Section 504 of the Rehabilitation Act of 1973.

In doing so, OCR referenced that over the last five years, the agency received more than 16,000 complaints that allege discrimination on the basis of disability in elementary and secondary education programs, and more than 10 percent involved allegations of discrimination against students with ADHD. OCR noted that the most common complaint concerns academic and behavioral difficulties students with ADHD experience at school when they are not timely and properly evaluated for a disability, or when they do not receive necessary special education or related aids and services.

In addition to the guidance, the Department also released a “Know Your Rights” document that provides a brief overview of schools’ obligations to students with ADHD.

The press release announcing OCR’s Dear Colleague Letter and Resource Guidance, with a link to those documents, can be found at http://www.ed.gov/news/press-releases/us-department-education-releases-guidance-civil-rights-students-adhd?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=

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