The US Department of Education Requests Comments Before it Removes Regulations and Guidance
the CHADD Public Policy Committee
Background information on the ADHD Guidance
On July 26, 2016, the Office of Civil Rights of the US Department of Education issued guidance to every public school district in the country about the implementation of Section 504 of the Rehabilitation Act of 1973 for students with ADHD. The Guidance provides clear technical assistance that helps teachers understand the nature of ADHD and how effectively to provide education services to students with ADHD, consistent with the requirements of Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA).
For example, the Guidance describes certain behaviors that could indicate a student has ADHD and should cause a school district to consider conducting an evaluation. Among other things, the Guidance states that a student with ADHD may need behavioral and executive function supports.
On February 24, 2017, President Trump signed Executive Order 13777, “Enforcing the Regulatory Reform Agenda,” which directs federal agencies to identify regulations and guidance to eliminate. The Department of Education has issued a list of regulations and guidance it is considering. The ADHD Guidance is on this list. The Department of Education is asking for public comments about which regulations and guidance to remove, keep, or modify.
CHADD worked hard to obtain the ADHD Guidance to protect the civil rights of students with ADHD from preschool through high school. CHADD provided significant input to Office of Civil Rights of the Department of Education. Through its Public Policy Committee, CHADD maintained ongoing and active discussion with OCR from November 2013 through July 2016. Based on the results of a survey that we conducted with our membership, we shared the concerns of our members about the implementation of Section 504 and the effects on their children. In response to many requests from OCR, we provided scientific research findings and other knowledge about ADHD. For more information, read our previous blog on the ADHD Guidance.
What YOU can do
We cannot lose this Guidance now! We must tell the Department of Education how important this guidance is to students with ADHD.
Until September 20, 2017, everyone has the opportunity to weigh in with the Department of Education and Education Secretary Betsy DeVos to show support for protecting students’ rights. CHADD will submit our comments urging Secretary DeVos to keep the guidance.
NOTE: At the top of your comments you MUST INCLUDE these three things:
- “Docket ID: ED-2017-OS-0074”
- The full official name of the guidance: The “Dear Colleague Letter and Resource Guide on ADHD”
- This link to where the guidance can be found on the website of the U.S. Department of Education: https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201607-504-adhd.pdf
Remember, if you want to submit comments, you must take action before September 20!
HOW TO SUBMIT A COMMENT
- Submit it here before 11:59 PM ET Wednesday, September 20, 2017.
- Click on the green “SUBMIT A FORMAL COMMENT” button on the top right hand side and the comment form will open. You can type a comment directly into the box or just write “see attached comment” and upload a Word or PDF document after pressing the button.
- You will then be asked to add information about yourself.
- Check the preview to see how your comments will appear once submitted, and then check the box: “I read and understand the statement above.”
- Finally, hit “SUBMIT COMMENT” on the bottom of the form.
- You're done! Your comments will appear on https://www.federalregister.gov/ alongside all of the other comments received.