The Vocational Rehabilitation Act of 1973 specifies that programs using federal funds cannot discriminate against children with disabilities and are required to provide accommodations if needed. The Individuals with Disabilities Education Act (IDEA) also legally requires that special education services be made available to children with disabilities, including ADHD.
To qualify for special education services, the child must have impairment in a major life activity, such as learning. Under IDEA, if a child is suspected of having a disability, including ADHD, she is allowed a free evaluation and assessment by a team of professionals.
The goal of IDEA is for all students, even those with learning disabilities such as ADHD, to get a free public education. IDEA also protects students with these disabilities. For instance, a child who receives services through IDEA who is suspended from school will still receive special education services, and will be reassessed to see if further help is needed.