QUESTION:
Are all children with ADD automatically protected under Section 504?
ANSWER:
NO. Some children with ADD may have a disability within the meaning of
Section 504; others may not. Children must meet the Section 504 definition
of disability to be protected under the regulation. Under Section 504, a
"person with disabilities" is defined as any person who has a
physical or mental impairment which substantially limits a major life
activity (e.g., learning, concentrating, interacting with others). Thus,
depending on the severity of their condition, children with ADD may or may
not fit within that definition.
QUESTION:
Must children thought to have ADD be evaluated by school districts?
ANSWER:
YES. If parents believe that their child has a disability, whether by ADD or
any other impairment, and the school district has reason to believe that the
child may need special education or related services, the school district
must evaluate the child. If the school district does not believe the child
needs special education or related services, and thus does not evaluate the
child, the school district must notify the parents of their due process
rights.
QUESTION:
Must school districts have a different evaluation process for Section 504
and the IDEA?
ANSWER:
NO. School districts may use the same process for evaluating the needs of
students under Section 504 that they use for implementing IDEA.
QUESTION:
Can school districts have a different evaluation process for Section 504?
ANSWER:
YES. School districts may have a separate process for evaluating the needs
of students under Section 504. However, they must follow the requirements
for evaluation specified in the Section 504 regulation.
QUESTION:
Is a child with ADD, who has a disability within the meaning of Section 504
but not under the IDEA, entitled to receive special education services?
ANSWER:
YES. If a child with ADD is found to have a disability within the meaning of
Section 504, he or she is entitled to receive any special education services
the placement team decides are necessary.
QUESTION:
Can a school district refuse to provide special education services to a
child with ADD because he or she does not meet the eligibility criteria
under the IDEA?
ANSWER:
NO.
QUESTION:
Can a child with ADD, who is protected under Section 504, receive related
aids and services in the regular educational setting?
ANSWER:
YES. Should it be determined that a child with ADD has a disability within
the meaning of Section 504 and needs only adjustments in the regular
classroom, rather than special education, those adjustments are required by
Section 504.
QUESTION:
Can parents request a due process hearing if a school district refuses to
evaluate their child for ADD?
ANSWER:
YES. In fact, parents may request a due process hearing to challenge any
actions regarding the identification, evaluation, or educational placement
of their child with a disability, whom they believe needs special education
or related services.
QUESTION:
Must a school district have a separate hearing procedure for Section 504 and
the IDEA?
ANSWER:
NO. School districts may use the same procedures for resolving disputes
under both Section 504 and the IDEA. In fact, many local school districts
and some state education agencies are conserving time and resources by using
the same due process procedures. However, education agencies should ensure
that hearing officers are knowledgeable about the requirements of Section
504.
QUESTION:
Can school districts use separate due process procedures for Section 504?
ANSWER:
YES. School districts may have a separate system of procedural safeguards in
place to resolve Section 504 disputes. However, these procedures must follow
the requirements of the Section 504 regulation.
QUESTION:
What should parents do if the state hearing process does not include Section
504?
ANSWER:
Under Section 504, school districts are required to provide procedural
safeguards and inform parents of these procedures. Thus, school districts
are responsible for providing a Section 504 hearing even if the State
process does not include it.
