The primary federal statute that mandates provision of “special education and related services” through an individualized plan is the **Individuals with Disabilities Education Act (IDEA)**, most recently reauthorized as the Individuals with Disabilities Education Improvement Act of 2004.[1][2] Unlike Section 504 of the Rehabilitation Act or the Americans with Disabilities Act (ADA), which are primarily anti-discrimination civil rights laws, IDEA is an education entitlement law: it requires eligible children with disabilities to receive a free appropriate public education (FAPE) via specially designed instruction and related services.[1]
Under IDEA’s eligibility categories, students with Attention-Deficit/Hyperactivity Disorder (ADHD) are most often served under the category of **“Other Health Impairment” (OHI)**.[1][3] The statute and regulations define “other health impairment” to include conditions that result in limited alertness due to chronic or acute health problems—explicitly naming ADHD as an example—when these adversely affect educational performance and require special education and related services.[2][3]
The formal legal document that must be developed for each eligible student under IDEA is the **Individualized Education Program (IEP)**.[1][2] The IEP is a written plan created by a legally required team (including parents) that specifies the child’s present levels of academic and functional performance, measurable annual goals, special education and related services, accommodations, and how progress will be measured.[2]
## References
[1] U.S. Department of Education, “A Guide to the Individualized Education Program,” and IDEA overview pages.
[2] 20 U.S.C. § 1400 et seq.; 34 C.F.R. Part 300 (IDEA regulations, definition of OHI and IEP requirements).
[3] U.S. Department of Education, Office for Civil Rights & OSERS, “Students with ADHD and Section 504: A Resource Guide” (discussion of IDEA/OHI classification).
The primary federal statute mandating special education and related services for students with ADHD is the Individuals with Disabilities Education Act (IDEA), originally enacted in 1975 as the Education for All Handicapped Children Act and reauthorized multiple times, most recently in 2004 as the Individuals with Disabilities Education Improvement Act.
Under IDEA, students with ADHD are most frequently classified under the disability category "Other Health Impairment" (OHI) to receive special education services. The IDEA regulations specifically define OHI as having "limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment" due to chronic or acute health problems, with ADHD explicitly listed as a qualifying condition [1][2].
The legal document that must be developed to outline educational goals for qualifying students is the Individualized Education Program (IEP). The IEP is a comprehensive written statement developed by a multidisciplinary team including parents, teachers, special education professionals, and when appropriate, the student. This legally binding document details the student's present levels of academic achievement and functional performance, establishes measurable annual goals, specifies the special education and related services to be provided, and outlines how progress will be measured [3][4].
It's important to note that IDEA differs from Section 504 of the Rehabilitation Act of 1973, which is a civil rights law preventing discrimination but doesn't require the comprehensive special education services and IEP development mandated by IDEA. While both laws can serve students with ADHD, IDEA provides more extensive educational support through the IEP process [5].
## References
[1] U.S. Department of Education. (2022). IDEA Section 300.8 Child with a disability. https://sites.ed.gov/idea/regs/b/a/300.8
[2] Centers for Disease Control and Prevention. (2024). Educational Services for Children with ADHD. https://www.cdc.gov/adhd/treatment/school-treatment.html
[3] U.S. Department of Education. (2017). A Guide to the Individualized Education Program. https://www2.ed.gov/parents/needs/speced/iepguide/index.html
[4] Understood.org. (2024). What is an IEP? https://www.understood.org/articles/what-is-iep
[5] U.S. Department of Education Office for Civil Rights. (2020). Protecting Students with Disabilities. https://www2.ed.gov/about/offices/list/ocr/504faq.html