UNITED STATES DEPARTMENT OF EDUCATION
OFFICE of SPECIAL EDUCATION  AND REHABILITATIVE SERVICE
THE ASSISTANT SECRETARY
MEMORANDUM - SEP 16 1991
TO:		Chief State School Officers
FROM:		Robert R. Davila, Assistant Secretary, Office of Special 
Education and Rehabilitative Services
		Michael L. Williams, Assistant Secretary, Office for 
Civil Rights
		John T. MacDonald, Assistant Secretary, Office of 
Elementary and Secondary Education
SUBJECT:  	Clarification of Policy to Address the Needs of Children 
with Attention Deficit  Disorders within General and/or Special 
Education
I. Introduction
There is a growing awareness in the education community that attention 
deficit disorder (ADD) and attention deficit hyperactive disorder (ADHD) 
can result in significant learning problems for children with those 
conditions. While estimates of the prevalence of ADD vary widely, we 
believe that three to five percent of school-aged children say have 
significant educational problems related to this disorder. Because ADD 
has broad implications for education as a whole, the Department believes 
it should clarify State and local responsibility under Federal law for 
addressing the needs of children with ADD in the schools. Ensuring that 
these students are able to reach their fullest potential is an inherent 
part of the National education goals and AMERICA 2000. The National 
goals, and the strategy for achieving them, are based on the assumptions 
that: (1) all children can learn and benefit from their education; and 
(2) the educational community must work to improve the learning 
opportunities for all children.
This memorandum clarifies the circumstances under which children with 
ADD are eligible for special education services under Part B of the 
Individuals with Disabilities Education Act (Part B), as well as the 
Part B requirements for evaluation of such children's unique educational 
needs. This memorandum will also clarify the responsibility of State and 
local educational agencies (SEAs and LEAs) to provide special education 
and related services to eligible children with ADD under Part B. 
Finally, this memorandum clarifies the responsibilities of LEAs to 
provide regular or special education and related aids and services to 
those children with ADD who are not eligible under Part B, but who fall 
within the definition of "handicapped person" under Section 504 of the 
Rehabilitation Act of 1973. Because of the overall educational 
responsibility to provide services for these children, it is important 
that general and special education coordinate their efforts.
II. Eligibility for Special Education and Related Services under Part B
Last year during the reauthorization of the Education of the Handicapped 
Act [now the Individuals with Disabilities Education Act], Congress gave 
serious consideration to including ADD in the definition of "children 
with disabilities" in the statute. The Department took the position that 
ADD does not need to be added as a separate disability category in the 
statutory definition since children with ADD who require special 
education and related services can meet the eligibility criteria for 
services under Part B. This continues to be the Department's position.
No change with respect to ADD was made by Congress in the statutory 
definition of "children with disabilities;" however, language was 
included in Section 102(a) of the Education of the Handicapped Act 
Amendments of 1990 that required the Secretary to issue a Notice of 
Inquiry (NOI) soliciting public comment on special education for 
children with ADD under Part B. In response to the NOI (published 
November 29, 1990 in the Federal Register), the Department received over 
2000 written comments, which have been transmitted to the Congress. Our 
review of those written comments indicates that there is confusion in 
the field regarding the extant to which children with ADD may be served 
in special education programs conducted under Part B.
A. Description of Part B
Part B requires SEAs and LEAs to make a free appropriate public 
education (FAPE) available to all eligible children with disabilities 
and to ensure that the rights and protections of Part B are extended to 
those children and their parents. 20 U.S.C. 1412(2); 34 CFR ''300-121 
and 300.2. Under Part B, FAPE, among other elements includes the 
provision of special education and related services at no cost to 
parents, in conformity with an individualized education program (IEP). 
34 CFR '300.4.
In order to be eligible under Part B. a child must be evaluated in 
accordance with 34 CFR ''300.530-300.534 as having one or more specified 
physical or mental impairments, and must be found to require special 
education and related services by reason of one or more of these 
impairments. 20 U.S.C. 1401(a)(1); 34 CFR '300.5. SEAs and LEAs must 
ensure that children with ADD who are determined eligible for services 
under Part B receive special education and related services designed to 
meet their unique needs, including special education and related 
services needs arising from the ADD. A full continuum of placement 
alternatives, including the regular classroom, must be available for 
providing special education and related services required in the IEP.
B. Eligibility for Part B services under the "Other Health Impaired" 
Category
(Continued next message...)
                   ===>Mark Probert<===
              email at MSProbert@aol.com
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