Under the IDEA Part B regulations, a student with ADD or ADHD may be eligible under the category other health impairment if the student has limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli that results in limited alertness with respect to the educational environment, due to a chronic or acute health problem that adversely affects the student’s educational performance. (34 C.F.R. § 300.8(c)(9))

Students with ADD or ADHD can be eligible for services under the category specific learning disability if they have an imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations due to a deficiency in one or more of the basic psychological processes involved in understanding or in using spoken or written language. (34 C.F.R. §§ 300.8(c)(10) and 300.309)

Students with ADHD can be eligible for services under the category emotional disturbance if they exhibit one or more of the following characteristics over a long period of time and to a marked degree that adversely affects educational performance: an inability to learn that cannot be explained by intellectual, sensory, or health factors; an inability to build or maintain satisfactory interpersonal relationships with peers and teachers; inappropriate types of behavior or feelings under normal circumstances; a general pervasive mood of unhappiness or depression; or a tendency to develop physical symptoms or fears associated with personal or school problems. (34 C.F.R. § 300.8(c)(4))

Under the Section 504 regulations, a student with ADD or ADHD may be eligible for services if he/she has a physical or mental impairment that substantially limits him/her in a major life activity (e.g. learning, thinking, concentrating). (34 C.F.R. § 104.3(j)(2)(i) and (ii))

• A written report of an initial evaluation must be completed not later than the 45th school day following the date on which the local educational agency receives written consent for the evaluation from the child's parent.

Attention-deficit/hyperactivity disorder (ADHD) is a brain disorder characterized by an ongoing pattern of inattention and/or hyperactivity-impulsivity that interferes with functioning or development.

In preschool, hyperactivity is the most common ADHD symptom. In elementary school, the symptom of inattention may become more prominent and causes academic problems. In adolescence, hyperactivity seems to decrease but inattention and impulsivity may continue.

How is an eligibility evaluation conducted?
A medical diagnosis of ADD or ADHD does not automatically make a child eligible for services under Section 504 or IDEA.

*Refer to ADHD Identification Flowchart for more details.

Is a medical diagnosis of ADD/ADHD required to qualify for Section 504 services?
No. While the law requires that an evaluation be conducted before classifying a child with a disability, a medical evaluation of ADD or ADHD is not legally required.

What accommodations and supports are appropriate for students with ADHD?
No single intervention is universally effective for all students with ADHD. A combination of research-based and promising practices is recommended.

• providing instruction that is interesting and engaging
• allowing student to use a computer to type or to use speech-to-text software
• avoiding repetitive tasks
• breaking down tasks into a series of small steps
• following a defined, regular schedule
• giving concise, clear instructions
• giving frequent positive feedback
• giving points or tokens as rewards to be exchanged at a later time for a favorite activity or treat
• having a designated quiet area to work in
• limiting amount of work per page
• providing stimulating activities
• providing work breaks
• providing written directions or steps
• seating in a place that is relatively free from distraction (for example, doors and windows) in a position where the teacher can easily intervene if they are not attending
• using behavioral and environmental prompts to increase desired classroom behaviors
• working in a pair rather than a group

How are accommodations and supports determined?
The support services and placement decisions about a student with a disability are made by the Section 504 Committee or the ARD/IEP Committee which includes persons knowledgeable about the student, the meaning of the evaluation data, the general education curriculum, and the availability of resources and placement options.