If children with ADHD have certain conditions, such as learning disabilities, conduct disorder, or oppositional defiant disorder, they may qualify under the Individuals with Disabilities Education Act (IDEA). Just being diagnosed with ADHD does not mean one will qualify. The condition must be such that it interferes with the education of the individual. For example, students who respond to behavior modification or medication may not qualify if the treatment aids their classroom performance. For those with defined disabilities that impair educational progress, they qualify to receive a custom-designed Individualized Education Plan (IEP); those without academic impairment can still benefit from the Rehabilitation Act (1973), Section 504.

At one time many children with disabilities were isolated and placed in separate homes and facilities. Children with ADHD or ADD were considered dumb and incorrigible; often they were encouraged to drop out of school. Some early advocates sought to improve the lot of students with special needs, but attitudes began to change when some people began to realize that soldiers from the World Wars needed counseling and vocational opportunities. The legal decision of Brown v. Topeka Board of Education (347 U.S.483 1954) for the desegregation of schools had implications; demanding the rights of all black children for access to equal education also included those with disabilities. In the 1970s advocates sought to change the old attitudes and provide all students with an equal opportunity for the best free and appropriate education. In 1971, a Pennsylvania court determined that retarded children are entitled to a free, public education when ever possible in the regular classroom. The Mills v. Board of Education of the District of Columbia (348 F.Supp.866 D.C. 1972) decision included all children with disabilities. The case mandated the three following provisions:

- A free appropriate public education (FAPE)

- An individualized education plan (IEP)

- Due process procedures.

The language of these two cases was included in the Education for All Handicapped Children Act (EAHCA) in 1975.

The following chronology describes the progress of the laws through time:

- 1954. Brown v. Board of Education. Gave equal opportunity for black children including those with disabilities.

- 1972. Mills v. Board of Education of the District of Columbia. Established due process procedures and an IEP.

- 1973. The Rehabilitation Act. Section 504 introduced the first rules for addressing needs of children with disabilities. Children in school who cannot qualify under IDEA can qualify if they have a disability that impairs academic performance.

- 1975. Educating All Handicapped Children Act (EAHCA). This legislation became know as PL 94-142. It determines that disabled children should be mainstreamed or sent to regular schools, as much as possible. Implementation requires changes in school equipment and curriculum.

- 1990. Americans with Disabilities Act (ADA). This law prohibits any discrimination based on disability.

- 1990. Individuals With Disabilities Education Act (IDEA). As part of ADA, this law addressed children's rights to an appropriate education. Each student has an IEP developed by parents, teachers, and education specialists.

- 1997. IDEA was amended to include more court cases and new regulations that strengthened the involvement of parents in developing the IEP.

- 2001. No Child Left Behind Act. Signed into law on January 8, 2001, this sweeping reform included improved education and funding to support many initiatives, such as the inclusion of children with disabilities in regular classrooms.

- 2004. Individuals with Disabilities Education Act (IDEA). Changes how many services are provided but does not change the basic obligation to provide FAPE.

Bibliography:

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

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