Following the regulations are Appendix A and Appendix B. Appendix A rather takes the place of the letters of clarification that the U.S. Department of Education used to issue in the past. They are not the actual law, but are strong guidelines and clarifications from the department. They are not to be taken lightly. Since IDEA had not before even mentioned the term ADD or ADHD, this addition is tantamount to a kind of Bill of Rights for our children. It provides a strong start towards recognition of ADHD in our schools.

Appendix A is in a "question and answer" format and can be very useful to parents. I would print it out and keep it handy as it is very parent-friendly for reference. You can find it at wrightslaw.com in their library section. It follows the actual law, so it will be at the very end.

Appendix B reviews a good deal of the areas of comment from the public and the department's rationale in the final decision made regarding the actual regulation content. Of importance, is the discussion at Appendix B 300.7 (Child with a Disability).

Discussion: ......"Following the phrase 'limited strength, vitality or alertness,' and prior to the phrase, 'that adversely affects educational performance,' the words 'including heightened stimuli, which results in limited alertness with respect to their educational environment.'.....

A child with ADHD may be eligible under Part B if the child's condition meets one of the disability categories described in 300.7, and because of that disability, the child needs special education and related services. Children with ADD/ADHD are a very diverse group; some children with ADD/ADHD who are eligible under Part B meet the criteria for 'other health impairments' category if (1) the ADD/ADHD is determined to be a chronic health problem that results in limited alertness, that adversely affects educational performance, and (2) special education and related services are needed because of the ADD/ADHD. All children with ADD/ADHD clearly are not eligible to receive special education and related services under these regulations, just as all children who have one of the other conditions listed under the other health impairment category are not necessarily eligible...... ."

The department, in further clarifying its position, addressed the fact that children with ADHD may be eligible for special education services under other classifications if they meet the criteria under those categories.

"Regardless of what disability designation is attached, children with ADD/ADHD meeting the criteria for any of the listed disabilities under these regulations must receive the specialized instruction and related services designed to address their individualized needs arising from the ADD/ADHD. No child is eligible for services under the Act merely because they child is identified as being in a particular disability category. Children identified as ADD/ADHD are no different, and are eligible for services only if they meet the criteria of one of the disability categories in Part B, and because of their impairment, need special education and related services."

Let's see what the federal regulations say about whether ADD/ADHD requires a medical diagnosis to qualify for services.

Keep in mind I am an advocate, but not a lawyer. If you feel the need for legal advice be sure to find one who specializes in Special Education Law.