Policy

• Section 504 of the Rehabilitation Act of 1973 (Section 504)

Section 504 is a federal law that protects individuals with disabilities in federally funded programs. This means all children have access to "free appropriate public education" irregardless of disability status. In order to qualify, the disability must limit a major life function in some capacity. Under section 504, schools are obligated to administer tests for suspected disabilities as well as make accommodations necessary for students to meet educational needs.

• Individuals with Disabilities Education Act of 1975 (IDEA)

IDEA demands that in order for children to have a free and appropriate public education, students with one or more of the thirteen qualifying disabilities have an individualized educational plan (IEP) that meets their educational needs. ADHD only qualifies for IDEA when it inhibits ability to learn and educational performance.

• Americans with Disabilities Act of 1990 (ADA)

The ADA protects individuals with disabilities against discrimination in the workplace. Individuals with ADHD are only protected under the ADA when their disability is deemed to significantly impair functioning, the individual has been viewed as having a disability in the past, and the individual can perform necessary job tasks with or without accommodation. Further, individuals taking medication for their ADHD and no longer face significant impairment are not covered. Accommodations under ADA include modified schedules, changing positions, and restructuring evaluations or trainings.

• Mandatory testing for all students in 3rd grade

We recommend universal, mandatory ADHD screening for all 3rd students in the U.S. Early detection and intervention is important for children with ADHD as outcomes such as poor school performance, low self-esteem, and anxiety and depression worsen over time. Additionally, while the existing policies work to protect individuals with diagnosed ADHD, there is a gap between those with symptoms and those who have formally been diagnosed. Lack of understanding and awareness of how ADHD presents in girls contributes largely to this gap. Universal screening of symptoms by teachers could detect otherwise unrecognized and undiagnosed ADHD in boys and girls alike, lessening the gap and opening the door for treatment and access to protection under Section 504, IDEA, and ADA. Further, mandatory screenings and subsequent intervention will serve to reach populations less likely to seek mental health services, such as BIPOC folks and those with low-income.

• Decrease ratio of students to counselors in schools

While we advocate for more responsibility of counselors in school to work with students, we also recognize that counselors already have caseloads and we don't want to burden them even more. That is why we propose mandating a strict 250 students per counselor ratio in all public schools. Currently, the American School Counselor Association recommends a ratio of 250 students per counselor, however in the 2019-2020 school year, Michigan schools averaged 671 students per counselor. In order to better support students and be able to detect ADHD symptoms early, it is crucial counselors be able to form working relationships with all students. Eventually, we would hope that ratio would fall under 250 students per counselor, but we recognize budgetary constrictions as well as counselor shortages.