Recently our staff was asked if children with Attention Deficit Hyperactivity Disorder were included under the American with Disabilities Act of 1990.
This parent wrote that if in fact Attention Deficit Hyperactivity Disorder was included in the Disabilities Act, her child was being discriminated against by his school. Parents want the very best for their children. And people tend to want everything that they feel that they are entitled to from their school. But sometimes we can expect too much from our public agencies, and sometimes we look in the wrong places for help.
The answer to this question is somewhat long and complicated. So we will begin with writing that while someone with Attention Deficit Hyperactivity Disorder may qualify for protection under the Americans with Disabilities Act, not everyone with the diagnosis of Attention Deficit Hyperactivity Disorder will qualify. And that may include you or your child.
The Americans with Disabilities Act was established by Congress in 1990. The purpose of the Act is to end discrimination against persons with disabilities when it comes to housing, education, public transportation, recreation, health services, voting, and access to public services. It also aims to provide equal employment opportunities for people with disabilities.
The Americans with Disabilities Act was written to offer protections to individuals with disabilities, not individuals with any particular diagnosis. The Americans with Disabilities Act seeks to protect individuals with significant impairments in function.
By the way, it is estimated that the population of the United States is over 300 million persons. And it is estimate that about 19% of persons have some type of long-lasting condition or disability. That would be somewhere near 60 million persons. This includes about 3.5% with a sensory disability involving sight or hearing, about 8% with a condition that limits basic physical activities such as walking or lifting. It also includes millions of people with mental, emotional, or cognitive impairments. See the details in the Census 2000 Brief titled, �Disability Status 2000� at Census dot gov/prod/2003pubs/c2kbr-17 dot pdf
Since Congress enacted the Americans with Disabilities Act courts have had several challenges in defining the scope of the Act.
- What exactly is a disability?
- Who would be defined as having a disability?
- Is having a diagnosis the same as having a disability?
These are some of the questions that the courts have had to wrestle with, not to mention the questions related to how schools, work places, public transportation agencies, and more, are to implement the Act in daily operations with both employees and customers.
So, to the Question: Is Attention Deficit Hyperactivity � Attention Deficit Hyperactivity Disorder � included in the Americans with Disabilities Act?
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