Attention Deficit-Hyperactivity Disorder (ADHD) is a condition
characterized by inattention, impulsivity, or hyperactivity that causes
significant trouble in academic or social settings. Children
identified as having ADHD are often placed on the prescription
medication Ritalin in order to control their behavior. Below, we
review the two statutes that impact on the educational rights of
children with ADHD who may be prescribed Ritalin: Section 504 of the
Rehabilitation Act (Section 504) and the Individuals with Disabilities
Education Act (IDEA). We conclude with recommendations for school
officials who work with students who are, or who may be, diagnosed as
having ADHD.
I. Rights under Section 504
According to Section 504, “[n]o
otherwise qualified individual with a disability in the United
States... shall, solely by reason of her or his disability, be excluded
from the participation in, be denied the benefits of, or be subjected
to discrimination under any program or activity receiving [f]ederal
financial assistance...” Children who are “otherwise qualified,”
meaning that he or she is eligible to participate in a program or
activity despite the existence of an impairment, must be permitted to
participate as long as it is possible to do so by means of a
“reasonable accommodation.”
A. De Board v. Board of Education of the Ferguson-Florissant School
District 126 F. 3d 1102 (8th Cir. 1997)
B. Davis v. Francis Howell School District 138 F. 3d 754 (8th Cir. 1998)
II. Rights under the IDEA
The IDEA ensures that each child with
specifically identifiable disabilities is entitled to a free
appropriate public education, in the lest retrictive environment, an
Individualized Education Program (IEP).
A. Valeri J. v. Derry Cooperative School District
B. Colvin ex rel. Colvin v. Lowndes County, Mississippi School District
III. Recommendations
1. If educators are uncertain whether a
child with ADHD is covered by the IDEA or Section 504, they should have
the student assessed.
2. Following assessment, if appropriate, school officials should
develop and implement an IEP for a student who is covered by the IDEA
or provide appropriate accommodations for a child pursuant to Section
504.
3. In addition to having medication provisions in the IEPs of children
with ADHD, school boards should have written policies for administering
prescription drugs, including Ritalin, in school. Having such
policies in place will not only help to ensure that children receive
the medications that they need but will also help to protect the board
and individuals who administer the medication.
4. Regardless of whether a child with ADHD is covered by the IDEA or
Section 504, educators should exercise great caution before excluding
such a student from school if parents disagree with them over whether
their child should be taking Ritalin or other medication.
5. Children with ADHD need more than medication to succeed in school
Children with ADHD need consistency, structure and clear expectations
regarding behavior and academic performance. Administrators who
have concerns over whether a child is fully benefiting from his or her
free appropriate public education because he or she is not taking
Ritalin should document attempts to encourage parents to administer the
prescribed medication and work to help them understand the need for
doing so.
6. School officials need to be aware of the growing problem of illegal
use of Ritalin as some students are selling it to peers since high
school students grind up and snort pills to get “high.”