Title II of the Americans with Disabilities Act (ADA), which became effective January 26, 1992, prohibits discrimination in services, programs, and activities provided by state and local governments. Schools must make programs available and accessible to all disabled individuals who are otherwise qualified to participate in the program.

Two federal laws require public schools to provide additional educational services to children who need them, at no cost to the parents. To qualify under ADA and the Individuals with Disabilities Education Act (IDEA), a child must meet the criteria for thirteen specific disability categories, which include learning disabilities and developmental delays. ADHD is not one of these categories. However, some children with ADHD may also have these disabilities and will qualify under IDEA or he or she may qualify under IDEA's ''other health impairments.'' Just having ADHD or a learning disability does not guarantee eligibility for special services. To qualify, the disorder must substantially affect the ability to function in school.

Children who qualify under IDEA are entitled to special services, including individual instruction by educational specialists. Parents, teachers, and other school staff work together to develop an Individualized Education Program (IEP), a plan for best delivering these services. The plan describes the individuals learning problems, details the services, sets annual goals, and defines how progress will be measured. Parents have a right to ask for changes in the plan.

ADA applies to a district regardless of federal funding. IDEA, Section 504, and ADA all cover students with disabilities and place legal obligations on schools. Laws concerning special education have led educators to do what they have not done on their own. See also Individuals with Disabilities Education Act (IDEA); Discrimination in Employment; Section 504.

Bibliography:

Kelly, Evelyn B. 2006. Legal basics: A handbook for educators. 2nd ed. Bloomington, IN: Phi Delta Kappa International

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