| Have you been told that your child with a learning | | | | protection. |
| disability or Attention Deficit Hyperactivity Disorder | | | | 4. Limitations on major life activity must be broadly, |
| does not qualify for special education services? Have | | | | rather than narrowly interpreted. |
| you researched and found information on Section 504 | | | | 5. Elimination of the mitigating measures rule. In past |
| and the ADA, and wonder if it can help your child's | | | | court rulings people could not be considered as having |
| education? This article will discuss the changes made | | | | a disability if any aides or medication allowed the |
| to the ADA (Americans with disabilities act), and how | | | | person to function. |
| they may benefit your child's education. | | | | How can these changes be used to help your child |
| If a child is found to be ineligible for special education | | | | with LD or ADHD? These are listed below: |
| they may still be allowed help through Section 504 and | | | | 1. Now that the ADAA states that a person who has |
| the ADA (though as a parent you should fight for your | | | | a limitation of a major life activity includes those that |
| child if you believe that they need special education | | | | have trouble with reading, concentrating, and thinking, |
| services). | | | | your child may have ADAA protections. A lot of |
| The Americans with Disabilities Amendment Act of | | | | children with ADHD and learning disabilities have |
| 2008 was passed after many of the courts in the US, | | | | difficulty in the above areas so they would be |
| limited the definition of disability, narrowly interpreting | | | | considered a person with a disability who can receive |
| major life activities, and made mitigating measures | | | | ADAA protections. |
| limitation. The positive changes brought on by the | | | | 2. By adding to major bodily functions neurological and |
| ADAA 2008 are: | | | | brain functions, addresses both those children that |
| 1. Definition of Major Life Activity is expanded to | | | | have a learning disability, and those that have ADD or |
| include: learning, reading, speaking, concentrating, | | | | ADHD. |
| thinking, communication. | | | | 3. By eliminating the mitigating measures portion of the |
| 2. Definition of major bodily functions now includes: | | | | ADAA, medication cannot be taken into account when |
| neurological, and brain. | | | | determining if a person has a disability. This with help |
| 3. Limitation in one major life activity need not impact | | | | those with ADHD who may take medication, but still |
| other major life activities, in order to trigger ADA | | | | need ADAA protections. |