The 1991 Clarification Memorandum issued by the Department of Educationnoted that children with ADD are eligible for special education services and /or modifications in the regular classroom under one of the following legalmandates:

1) P.L. 101-476, or Part B of the Individuals with Disabilities EducationAct (IDEA) (the 1990 law which amended P.L. 94-142, the 1975 Education ForAll Handicapped Children's Act).

Under provisions of the IDEA under Other Health Impaired (OHI) may be usedto classify and serve those students with ADHD who can be considered as having adisability that meets the law's definition of OHI: a chronic or acute healthproblem resulting in limited alertness, which adversely affects educationalperformance. The OHI eligible student may receive special education and relatedservices and / or classroom accommodations needed because of the ADHD.

2) Section 504 of the Rehabilitation Act of 1973.

Section 504 is a civil rights law that prohibits discrimination on the basisof a handicap by recipients of federal funds. The protections of Section 504extend to those children in public schools who may be handicapped but are noteligible under IDEA. "Handicapped person" is defined in Section 504as "any person who has a physical or mental impairment which substantiallylimits a major life activity (e.g. learning). Thus a child with ADHD may fitwithin the definition of handicapped person under Section 504.