Section 504 is a federal law that is part of the Rehabilitation Act of 1973. It guarantees rights to people with disabilities, including access to a free and appropriate education. If ADHD symptoms create a substantial limit in the child's ability to learn, the individual may qualify under Section 504. Section 504 prohibits districts that receive federal funds from discriminating in the delivery of school programs and activities. The section differs from the Individuals with Disability Education Act (IDEA) in that it is broader and is intended to prevent discrimination against students with disabilities. The definition of a disability under Section 504 has three parts:

1. The student has a physical or mental impairment. This is not limited to the eleven classifications under IDEA. ADHD is one of the classifications, but sometimes parents will not want to go with the IDEA. For Section 504 eligibility can be provided by a medical diagnosis and by qualified school personnel with appropriate training.

2. The impairment must limit a major life activity. Unlike IDEA, the limitation is not just to learning. Courts have interpreted the meaning in global terms and require that the student have a history of such impairment. Students with communicable diseases, diabetes, ADHD, asthma, or allergies may qualify.

3. The frame of reference is the average student in the general population. The limitation is considered ''substantial'' if the child cannot do things that the average child of the same age can do. Norm-referenced standardized test data may be useful in determining this relation to the average student.

Usually the accommodations in the classroom include the use of assistive technology, such as computer-aided instructions, and access to therapy. No legal requirements exist for making a 504 plan, but parents do need to be involved. The following are examples of issues and possible accommodation under Section 504:

- Teachers will not let an elementary student go on a field trip because of disruptive behaviors that are part of his ADHD. An accommodation would be to hire a behavior specialist or management person to accompany the child on the trip.

- A high school student with ADHD receives a failing grade for schoolwork that is not finished within the allotted class time. It would be reasonable to shorten the assignment or provide extra time without penalty.

- A youth is removed from the soccer team for failing grades. If the failing grade was determined to be part of ADHD, the team could amend the grade requirement or provide special instruction for him to meet the standard.

- A child is unable to copy work from the board because of the inability to focus on the task; an accommodation would be to provide print copies of all work on the board.

Reasonable accommodations will assure that children with ADHD will have the same opportunities to succeed as their peers.

Bibliography:

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

2) Zirkle, Perry A. 2005. Section 504: Students issues, legal requirements, and practical recommendations. Bloomington, IN: Phi Delta Kappa Educational Foundation.

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