Are all children with ADD/ADHD protected under Section 504?
No, not all children with ADD/ADHD are covered by Section 504. Some 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, and interacting with others). Thus, depending on the severity of their condition, children with ADD/ADHD may or may not fit within that definition. Only when the ADD/ADHD affects their learning does Section 504 protect the child at school. Documentation to show learning is affected may include poor grades, absences, frequent tardies, patterns of failure to learn (report cards, test scores, work samples), and behavior reports which demonstrate the symptoms of the diagnosis. Only when the life activity “learning” is impacted will Section 504 protect the student.
