CHADD Student Protection Principles for School Choice Programs

Introductory Legal Context

CHADD believes it is important for its families and for policymakers to accurately understand the federal special education and disability rights laws applicable to public and private schools serving children with known or suspected disabilities. The three major federal civil rights laws—the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act (ADA)—all apply to public schools. While CHADD believes children with disabilities in private schools deserve comparable educational protections, these laws apply differently depending on the specific law and school type. IDEA generally applies only when private schools provide services under agreement with a public school district or state. Section 504 applies only to private schools receiving federal financial assistance. Title III of the ADA applies to private schools that are not religiously controlled. Consequently, private religious schools that do not receive federal financial assistance are generally not covered by these federal disability statutes.

Because legal protections differ across educational settings, families considering private school enrollment should understand which protections apply to their child’s educational setting. Additional discussion of these legal distinctions is provided in Appendix A [LINK SOON].

RESOURCES. The list below is underconstruction. Please come back again for these resources.

Student Protection Principles

As school voucher and scholarship programs expand across the United States, including through the Educational Choice for Children Act (ECCA), many families of children with ADHD will encounter these programs when considering educational options.

CHADD does not endorse or oppose voucher or scholarship programs as a matter of education policy. However, CHADD affirms that all students with ADHD—regardless of school setting—deserve meaningful educational protections, supports, and opportunities necessary for success. Consistent with that position, CHADD supports the Student Protection Principles listed below.

Students with ADHD often rely on school-based supports, accommodations, and interventions to succeed academically, socially, and behaviorally. In educational environments where legal protections and service obligations may vary or are limited, these students may face increased risks of unmet educational needs, exclusionary discipline, or removal from school.

For this reason, CHADD believes participation by a school in scholarship or voucher programs—including programs authorized under federal or state law that provide publicly subsidized or tax-advantaged scholarships, vouchers, or similar support for K–12 education and programs administered through scholarship-granting organizations or equivalent entities—should include clear policies to protect students with ADHD and other disabilities.

For purposes of this document, “participating schools” refers to schools that enroll students receiving support through such programs. This is a proposed policy and guidance document. It is not a legal brief and does not predict outcomes; rather, it identifies CHADD’s recommendations for essential safeguards to support informed family choice, equitable access, and student protections in school choice programs.

Accordingly, CHADD believes that private schools that participate in scholarship and voucher programs should incorporate the following Student Protection Principles.

1. Nondiscrimination in Admissions
CHADD supports admissions practices that do not deny admission solely on the basis of disability, including ADHD. CHADD also supports transparent communication of eligibility criteria and a school’s general capacity to provide accommodations, supports, and services.

2. Transparency About Supports and Services
CHADD supports proactive public disclosure about accommodations, supports, services, and school’s general capacity before enrollment so families can make informed educational decisions. Information should be readily available without requiring families to request disability-related information.

3. Reasonable Accommodation Practices
CHADD supports individualized accommodation practices that provide meaningful access for students with ADHD, consistent with a school’s instructional model. CHADD also supports publicly available descriptions of commonly available accommodations, supports, and services to assist family decision-making.

4. Clear Discipline Policies
CHADD supports positive behavioral interventions and supports, and transparent discipline policies that are communicated clearly, implemented fairly, and protect students with disabilities from disproportionate exclusion, repeated informal removal, or push-out while appropriately considering disability-related needs.

5. Accessible Complaint and Resolution Processes
CHADD supports clear, accessible complaint and resolution procedures that allow families to raise concerns regarding admissions, accommodations, supports, services, and discipline without retaliation, with opportunities for impartial review and reasonable timelines for response.

6. Data Transparency and Accountability
CHADD supports collection and public reporting of aggregate participation, performance, and outcome data by states and individual scholarship-granting organizations to promote transparency, accountability, and continuous program improvement.

Supporting Informed Family Choice

CHADD takes the position that educational choice programs are most effective when families have accurate information and meaningful student protections. CHADD believes families of students with ADHD should be able to make educational decisions based on clear information about legal protections and transparent school policies and with confidence that their child will have meaningful access to appropriate accommodations, supports, and services.

By establishing basic principles for participation in scholarship and voucher programs, policymakers and participating schools can help ensure that educational choice expands opportunity without reducing essential protections for students with ADHD and other disabilities.

FEATURED VIDEOS

Analysis and Impact of Federal Healthcare and Education Policies

Download Slides

Several proposed federal policies have the potential to affect ADHD diagnosis, treatment, and educational support for individuals and families. Experts in ADHD diagnosis and treatment will review research-based responses to the Make America Healthy Again (MAHA) Commission's claims about ADHD. They will also discuss the critical role the US Department of Education plays in supporting students who have ADHD.

Section 504 and IEPs: Setting Your Child with ADHD Up For School Success

To have the best experience during their school life and the support they need to learn, children with ADHD need accommodations that are customized to their specific needs. The Advocacy and Public Policy Committee's senior clinical policy advisor, Jeffrey Katz, PhD, talks about comorbid learning disabilities, the difference between a Section 504 plan and an Individualized Education Program plan, and the different roles that a child’s healthcare team, school, educators, and parents play in implementing them.

EDUCATIONAL RESOURCES

Using SGO Scholarships and Other School Choice Programs: What Families of Students with ADHD Should Know

ECCA Family Guide Please note: This guide is provided for educational purposes and does not constitute legal advice. Why CHADD Created This Guide School voucher and scholarship programs are expanding across the United States. Roughly 60% of states have their own programs as of 2026. Additionally, in 2025, Congress enacted the Educational Choice for Children…

ADHD and School: A Toolkit for Parents

This toolkit for parents provides strategies to help with school success.  It includes resources tailored to ADHD struggles, such as how to create routines, how to set up a homework station, and how to structure home-school communication. Additional resources include customizable charts, a sample letter requesting special education services, an information card for teachers on…

Educational Rights

Federal laws provide for services and accommodations for students with disabilities in the United States. Understanding the differences between 504 and IEP plans can help you navigate the public education system for your child. Two federal laws guarantee a free and appropriate public education (FAPE) and provide services or accommodations to eligible students with disabilities…

Section 504

Section 504 is a federal civil rights statute that says schools cannot discriminate against children with disabilities. It says that schools that receive federal dollars must provide eligible children with disabilities with an equal opportunity to participate in all academic and non-academic services the school offers. The school must also provide appropriate accommodations based on…

Tips for Working with the School

Parents, schools, and teachers should work together to make sure that children learn all they can. Communication and collaboration between home and school is very important when a child needs extra help at school.  The National Resource Center on ADHD suggests that parents who think their child might require services or accommodations do the following:…

RESOURCES

WHITE PAPER

The Adverse Health Outcomes, Economic Burden, and Public Health Implications of Unmanaged Attention Deficit Hyperactivity Disorder (ADHD): A Call to Action to Improve the Quality of Life and Life Expectancy of People with ADHD

 

Proceedings of the ADHD Public Health Summit
Washington, DC
October 7, 2019

 

Presented by Children and Adults with Attention-Deficit/ Hyperactivity Disorder (CHADD)

Advertisement