ERIC Number: ED378750
Record Type: RIE
Publication Date: 1994
ADHD--New Legal Responsibilities for Schools. Policy Briefs.
Children with attention deficit hyperactivity disorder (ADHD) are provided for under three federal statutes: the Individuals with Disabilities Education Act (IDEA), Part B; Section 504 of the Rehabilitation Act of 1973; and the Americans with Disabilities Act of 1990. State education agencies have ultimate responsibility for providing a free appropriate education for students with this disability by providing services directly, by contracting for services, or by delegating responsibility to local education agencies. To meet legal requirements, schools must identify and provide services for eligible children, educate children with ADHD along with nondisabled children to the extent possible, eliminate practices and policies that allow disabled children to be suspended or expelled for more than 10 days for behavior associated with their disability, and follow procedural safeguards outlined in IDEA. Because state education agencies are responsible for school oversight, a state's education policymakers have a clear mandate to formulate policy and develop a state plan for educating disabled students. To prevent school failure for children with ADHD and unnecessary lawsuits, they must be sure the policy and plan are known and implemented in the state's schools. Questions that policymakers need to ask about providing services to students with ADHD are listed. Efforts in Kentucky, Tennessee, Virginia, and West Virginia to train regular education teachers to educate children with ADHD are described. (Contains 15 references.) (JDD)
Descriptors: Attention Deficit Disorders, Compliance (Legal), Educational Legislation, Educational Policy, Elementary Secondary Education, Federal Legislation, Government Role, Hyperactivity, Inclusive Schools, Legal Responsibility, Mainstreaming, School Districts, School Policy, School Responsibility, State Departments of Education, State Government, Student Rights
Publication Type: Collected Works - Serials; Guides - Non-Classroom
Education Level: N/A
Audience: Policymakers; Administrators; Practitioners
Sponsor: Office of Educational Research and Improvement (ED), Washington, DC.
Authoring Institution: Appalachia Educational Lab., Charleston, WV. State Policy Program.