IDEA-PART B FINAL REGULATIONS*
CHILDREN WITH "ADD/ADHD"
(March 1999)
Adding "ADD/ADHD" to the list of eligible conditions under
"OHI."
The definition of "child with a disability" in the
Part B regulations has been amended to add "attention deficit
disorder" ("ADD") and "attention deficit hyperactivity disorder"
("ADHD") to the list of conditions that could render a child
eligible for Part B services under the "other health impairment"
("OHI") category.
Many children with ADD/ADHD have been eligible under Part B –
consistent with the Department's long-standing policy related to
serving these children.
In 1991, the Department issued a memorandum entitled
"Clarification of Policy to Address the Needs of Children with [ADD]
within General and/or Special Education," which was jointly signed
by the Assistant Secretaries of OCR, OESE, and OSERS.
The substance of the 1991 policy clarification was included in
the NPRM, and, specifically in Note 5 following §300.7
(definition of "child with a disability") -- to ensure that school
administrators, teachers, parents, and other members of the general
public would be fully aware that some children with ADD/ADHD are
eligible under Part B. (Adding that interpretation to the NPRM was
consistent with the Department's plan to include all major long-term
policy interpretations related to Part B in a single regulatory
document, along with the new provisions added by the IDEA Amendments
of 1997.)
The 1991 policy interpretation clarified that --
- ALL CHILDREN WITH ADD/ADHD CLEARLY ARE NOT ELIGIBLE under Part
B to receive special education and related services -- just as all
children who have one or more of the other conditions listed under
the "other health impairment" category are not necessarily
eligible (e.g., children with a heart condition, asthma, diabetes,
and rheumatic fever)."
- TO BE ELIGIBLE UNDER PART B, A CHILD WITH ADD/ADHD
(as
with all other children covered under this part) must meet a
two-pronged test of eligibility (i.e.,
- have a condition that meets one of the disability categories
listed under §300.7, and
- need special education and related services because of that
disability).
- CHILDREN WITH ADD/ADHD ARE A DIVERSE GROUP.
Some children
with ADD/ADHD may be eligible under other disability categories if
they meet the criteria for those disabilities, while other
children may not be eligible under Part B, but might qualify under
section 504 of the Rehabilitation Act.
Department's 1991 policy memorandum not fully implemented.
From the public comments received on the NPRM related to
ADD/ADHD (and the Department's experience in administering Part B),
it is clear that the 1991 policy is not being fully and effectively
implemented.
Ensuring that eligible children with ADD/ADHD receive Part B
services.
To ensure that each child with ADD/ADHD who
meets the eligibility criteria under Part B receives special
education and related services in the same timely manner as other
children with disabilities, it is important to
- add "ADD/ADHD" to the list of conditions that could render a
child eligible under this part, and
- appropriately address (in Attachment 1 to the final
regulations) the large number of comments received on this topic.
Clarifying "limited strength, vitality, or alertness"
under "OHI."
The final regulations also clarify that the
term "limited strength, vitality, or alertness" in the definition of
"OHI" (when applied to children with ADD/ADHD) includes "a child's
heightened alertness to environmental stimuli that results in
limited alertness with respect to the educational environment."
(This clarification was included in note 5 following §300.7 of the
NPRM, based on the Department's previous interpretation of the term
as it applies to children with ADD/ADHD).
Including "ADD/ADHD" not a new requirement.
Including
"ADD" and "ADHD" as potentially eligible conditions under the Part B
regulations does not add a new requirement. It simply codifies the
Department's long-standing policy related to serving these
children.