The Equal Rights of school aged children with ADHD
In July 2016, The Los Angeles Times printed an article stating that Attention Deficit/Hyperactivity
Disorder (ADHD) is now considered as a specific disability under federal civil rights law. The decision to
include ADHD as a disability is due to increasing amounts of complaints from parents, as well as school
systems lacking the accommodations to help the children learn properly. In 2016 over 2000 complaints
had been lodged over the course of five years, through the Education Department, stating that children
diagnosed with the disorder are not being allowed the opportunity to be educated properly. Teachers
also state that they lack education regarding the disorder (Resmovits, 2016). It is important to ensure
the fundamental rights of school aged children affected by ADHD continue to receive equal rights,
allowing the child to receive a proper education, as well as enhance the student’s own personal and
educational growth, and instill confidence within the child that they also are worthy of a future.
One might ask, what prevents children with ADHD from having equal rights in the classroom? According
to the Centers for Disease Control and Prevention (CDC) students with ADHD require special
accommodations that help to lessen the effect of ADHD while learning. It can be difficult for a teacher to
administer additional special education services that are now required as part of Section 504
Rehabilitation Act that prohibits discrimination that is based on disability (ADHD, 2019). Another
contributing factor, lack of knowledge of the disorder itself appears to be a crucial problem. Teachers
have stated that they do not know how to address or meet the needs of children affected by ADHD.
Lack of knowledge can lead to fear. Fear itself can lead to isolation and the inability to meet the daily
requirements of a special need’s child. Organizations have been put into place to meet these needs.
One such organization, Children and Adults with Attention-Deficit/Hyperactivity Disorder, CHADD, is a
national resource on ADHD, that has committed to provide programs for teachers that will educate
them about the disorder, how to handle daily routines, and areas of development. CHADD offers online
courses that promote ADHD education for the teachers, parents, and students (About, n.d.). Support
for all parties, teachers, parents, and children is the key to success for all involved.
Being granted equal rights allows students affected by ADHD the opportunity to enhance their own
personal and educational growth. Healthline.com states that an estimated 6.4 million American children
ages 4-17 are diagnosed with ADHD.
About. (n.d.). Retrieved from https://chadd.org/about/
ADHD in the Classroom. (2019, November 7). Retrieved from
https://www.cdc.gov/ncbddd/adhd/school-success.html
Resmovits, J (2016, July 26). ADHD is now classified as a specific disability under federal civil
rights law. The Los Angeles Times. Retrieved from https://www.latimes.com/local/education/lana-adhd-disability-us-department-of-education-20160725-snap-story.html
Ouellette, E. M. (1991). Legal Issues in the Treatment of Children With Attention Deficit Hyperactivity
Disorder. Journal of Child Neurology, 6(1_suppl), S68–S75.
https://doi.org/10.1177/0883073891006001S08
In, July of 2016, the U.S. Department of Education Office for Civil Rights, issued Section 504 guidelines,
aimed toward the prevention of discrimination toward students with Attention Deficit/Hyperactivity
Disorder (ADHD) within the public-school system. Over the last five years, OCR has 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 involve allegations of discrimination
against students with ADHD. https://www.ed.gov/news/press-releases/us-department-educationreleases-guidance-civil-rights-students-adhd
https://chadd.org/wp-content/uploads/2018/12/ADHD-School-Toolkit.pdf
UNITED STATES DEPARTMENT OF EDUCATION Office for Civil Rights Know Your Rights: Students with
ADHD
https://www2.ed.gov/about/offices/list/ocr/docs/dcl-know-rights-201607-504.pdf
Equal education rights for those with ADHD
https://chadd.org/wp-content/uploads/2018/06/Public-Policy-Agenda-for-Children-Adolescents.pdf
U.S. Department of Education Releases Guidance On Civil Rights of Students with ADHD
https://www.ed.gov/news/press-releases/us-department-education-releases-guidance-civil-rightsstudents-adhd
Is ADHD a disability under the Equality Act?
Under the Equality Act 2010, an employee with ADHD may be considered to have a disability if their
condition has a “substantial” and “long-term” negative effect on their ability to carry out normal day-today activities. ... There are certain roles that will be more “ADHD friendly” than others.Dec 1, 2014
www.personneltoday.com
equal-rights. Noun. (plural only) The concept that every person is to be treated equally by the law.