Children with ADHD are not addressed in the No Child Left Behind Act (NCLB). Provisions of the act are complex and controversial. In calculating the formula for NCLB, the data about groups of children are disaggregated, or figured separately, rather than just left with the group from the entire school. Schools are given quotas for improvement in each one of the disaggregated areas.

Generally just the diagnosis of ADHD that can be helped with medication or other strategies do not qualify for disability designation. However, if the is so severe as to impair educational performance, the child may qualify. Generally these children would qualify for designation as a comorbid condition such as a learning disability, conduct disorder, or oppositional defiant disorder.

NCLB was enacted in 2002 as part of the reauthorization of the Elementary and Secondary Education Act of 1965. The purpose of the act is ''to ensure that ALL children have a fair, equal, and significant opportunity to obtain a high-quality education and reach, at a minimum, proficiency on challenging state academic achievement standards and state academic assessments.'' (20 U.S.C. Section 6301).

The following are provisions of the act:

- Each state must set aside at least 2 percent of NCLB grants for it lowestachieving schools with the greatest needs.

- State plans must be coordinated with IDEA and other federal programs.

- States must adopt standards of what children are expected to know and be able to do. Courses must contain coherent and rigorous content and encourage the teaching of advanced skills.

- States must develop and implement a single statewide accountability system that uses sanctions and rewards to ensure adequate yearly progress (AYP).

- AYP requires schools to apply the same high standards of achievement to all public schools. All students must make continuous progress on measurable objectives for each subgroup. Children with disabilities, including ADHD, are one of the subgroups. Each state defines AYP with measurable objectives.

- States must ensure that not later than 12 years after the end of the 2001-2002 or the 2013-2014 school year all students in each subgroup, including those with ADHD, will meet or exceed the proficient levels of academic achievement on statewide tests.

- At least 95 percent of students in each group are required to take the statewide assessments in reading, math, and science. Failure to test at least 95 percent of children with disabilities automatically results in failure to make AYP.

- Students with disabilities will receive ''reasonable adaptations'' and accommodations to measure children's achievement toward their appropriate academic standards. These reasonable adaptations have been a source of contention.

- What are the adaptations for children with ADHD? Possibly, giving them more time on tests. However, the test for students with disabilities cannot be ''watered-down'' and must have the same standards.

- Parents have a right to know. At the beginning of the school year, the local education agency (LEA or school district) must notify parents about the professional qualifications of teachers.

- All districts must implement scientifically based, empirically validated instructional programs, and parents should be in on the choice of these programs.

The consequences for failing to comply with NCLB are drastic. If a school fails for two consecutive years to make AYP as defined by the state, then all students have the option to transfer to another school. Priority is given to the lowest-achieving schools and students from low-income families. After the fifth year of corrective actions, the following actions may be taken:

- Give up Title I grants

- School choice is continued, and parents may choose another school.

- Reopen as a charter school.

- Replace all or most of the staff.

- Contract with a private agency to run the school.

- Turn the LEA over to the state.

- Other major restructuring strategies.

NCLB is undergoing reauthorization in 2008. Some provisions will probably be changed. NCLB has received lots of criticism for not considering individual children but lumping their progress in a group. Another area of criticism involves that different states have different standards.

Bibliography:

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

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