ADHD and the American with Disabilities Act

The American with Disabilities Act is a comprehensive civil rights act signed into law in 1990. It " prohibits discrimination and guarantees that people with disabilities have the same opportunities as everyone else to participate in the mainstream of American life”[i] The law ensures equal opportunities for people with disabilities. The act specifically includes neurological and brain systems. ADHD is covered by the ADA. The use of mitigating measures like medications do not disqualify someone from receiving ADA accommodations.[ii]

While many faculty receive training on ADA accommodations and students, it can still be confusing territory for faculty and students. Here are a few important points that can help. 

1. ADA accommodations are not an option for faculty. Most campuses have an office that supports students with disabilities. These offices provide faculty with documentation of a verified ADA covered disability. Once faculty are notified that a student has a disability, they must meet with the student, identify reasonable accommodations, and offer them consistently throughout the course. 
2. Students are not required to ask for accommodation. It can be hard when we want to offer additional support to students who have decided not to request their accommodations, despite having a diagnosis of ADHD or other disorder. If they choose not to ask for accommodation, faculty should respect that choice.
3. Not all students will tell you what type of disability they have. I am proactive in discussing ADHD with all my students, but they are under no obligation to share their medical information. They may request reasonable accommodation without offering additional reasons if they have a letter from our Student Disability Services office. 
4. Accommodation must be reasonable. Faculty are not required to offer accommodation beyond reason. For example, students can ask for the answers on tests, cannot ask for more revisions than other students, or cannot ask to not take exams. Those would not be reasonable. It can mean a bit of negotiation, but for most ADHD students, they know their accommodations well and have experience using them in class. 
5.  Students must demonstrate achievement of learning outcomes regardless of their disability. 

[i]Introduction to the ADD. ADA.Gov https://www.ada.gov/ada_intro.htmAccessed June 29, 2022.

[ii]Yellin, S. (2022). Your Rights to ADHD Accommodations at Work. ADDitude: Inside the ADHD Mind https://www.additudemag.com/adhd-law-americans-with-disabilities-act/

[iii]Rein, J. Are there IEPs and 504 plans in college? Understood.org https://www.understood.org/en/articles/are-there-ieps-and-504-plans-in-collegeAccessed 6/29/2022