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Did Schools Reject My Son Because of His ADHD?Filed Under: ADHD and the Law, ADHD Accommodations, 504s, IEPs
Q:
My ADHD son was rejected or wait-listed by the 13 schools that he applied to, despite high test scores. I think it’s because we mentioned his ADHD on the applications. One administrator had the gall to say that they rejected my son because he takes medication.
A:
The Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act (504), and the Americans with Disabilities Act (ADA) are intended to prevent discrimination against individuals with disabilities. If the schools receive funding from the federal government, it would appear that they have discriminated against your son. However, an insensitive employee’s words may not reflect the school’s actual policy. If you don’t have written documentation of the school’s position, discrimination against your son may be difficult to prove in a court of law. Consider whether or not a school with such beliefs would be the right fit for your son. I would seek an institution that welcomes the challenges your son’s attention deficit disorder brings, and offers services and support to help him meet them. In the meantime, you can report the incident to the Board of Trustees of the offending institutions and/or the U.S. Department of Education.
Robert Tudisco is a lawyer who specializes in ADHD. He lives in White Plains, New York.
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