Quick Start for Families

Considering SGO Scholarship and School Choice Programs for Students with ADHD

Scholarship programs can expand educational options.

However, in most cases, moving from a public school to a private school changes the legal protections and school supports available to students with ADHD.

CHADD created this guide to help families understand what to consider before enrolling.

4 Things Families Should Know

1️⃣ Different Rules

Public schools must follow federal and state laws that guarantee rights and services.
Private schools are not required to provide the same level of services or protections.

➡️ See: Which Laws Apply—and When

Which Laws Apply—and When

Individuals with Disabilities Education Act (IDEA)

IDEA applies to public schools and guarantees eligible students:

evaluations
IEPs
specialized instruction
procedural safeguards

Students enrolled by their families in private schools do not have an individual right to IDEA services, although public school districts may provide limited services under “equitable participation” rules.

Section 504 of the Rehabilitation Act

Section 504 applies to schools that receive federal financial assistance.

All public schools are covered

Some private schools are covered—but many are not
Whether a private school is covered depends on how it is funded, not whether a student uses a scholarship

Any institution that receives federal financial assistance must comply with Section 504 of the Rehabilitation Act of 1973, which prohibits disability-based discrimination. Because scholarships provided through SGOs are typically paid to the student—that is, the family—rather than directly to the school, they do not constitute federal funding and would not trigger Section 504 coverage for the school.

Americans with Disabilities Act (ADA)

The ADA applies more broadly to private schools as places of public accommodation.

Many private schools must comply with ADA nondiscrimination requirements
Religious schools are generally exempt from ADA Title III

Even when ADA applies, it:

focuses on access and nondiscrimination
does not require IEPs or specialized instruction

Why These Distinctions Matter

Because these laws apply differently:

the right to accommodations is not guaranteed in the same way
evaluation and support systems vary widely
formal processes for resolving disagreements may be limited or unavailable

Families should not assume that services available in public school will continue in a private setting.

Ref: Family Guide

2️⃣ Legal Protections Work Differently
Laws like the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act do not apply in the same way in private schools.

➡️ See: What Changes When Using an SGO Scholarship

What Changes When Using an SGO Scholarship

Families sometimes assume that moving from a public school to a private school will not significantly affect their child’s rights or available services. In most cases, it significantly changes both rights and available supports.

Public School Protections

Public schools must comply with federal and state laws governing the education of students with disabilities, including:

Individuals with Disabilities Education Act
Section 504 of the Rehabilitation Act of 1973
Americans with Disabilities Act

These laws establish enforceable rights related to:

disability evaluations
individualized education programs (IEPs) or accommodation plans
access to services
formal protections and processes for resolving disagreements

Private School Settings

Private schools operate under different rules and legal requirements and are not required to provide the same level of services or protections as public schools.

They generally have greater control over:

admissions decisions
curriculum and instruction
discipline policies
whether and how they provide accommodations or support services

Some private schools offer robust supports for students with ADHD. Others provide limited or no accommodations.

What This Means for Families

When a student moves from a public school to a private school using a scholarship, families should expect that:

IDEA protections generally do not follow the student
the school is not required to provide an IEP
families may have limited options for requiring the school to provide services and supports
available supports depend primarily on the individual school, not on legal entitlement

This is one of the most important differences families should understand before enrolling.

Ref: Family Guide

3️⃣ School Capacity Matters

Legal protections matter—but they do not guarantee support.
A school’s staff, experience, and willingness make a big difference.

➡️ See: Evaluating Whether a School Can Meet Your Child’s Needs

What Changes When Using an SGO Scholarship

Evaluating Whether a School Can Meet Your Child’s Needs
Legal protections matter, but they do not guarantee that a school has the expertise, staffing, or systems needed to support students with ADHD.
ADHD can affect:

attention
executive functioning
emotional regulation
behavior

Many students benefit from structured supports and accommodations.

Before enrolling, families should evaluate both:

capacity (resources and staffing) and ability (expertise and supports): Does the school have the necessary resources, staffing, and knowledge?
commitment and willingness: Does the school prioritize and consistently provide these supports?

Families should ask about:

Instructional Supports
How teachers support students with attention or executive functioning challenges.

Accommodations
Whether the school provides supports such as extended time, movement breaks, or organizational assistance.

Behavior and Discipline Policies
How the school addresses behavioral challenges and whether supports are used before disciplinary action.

Staff Expertise
Whether staff are trained in learning differences, counseling, or behavioral supports.

Classroom Environment
Class size, structure, and teacher availability.

Ref: Family Guide

4️⃣ Ask Questions Before You Enroll

Be sure to ask about:

accommodations and learning supports
discipline policies
staff experience with ADHD
class size and structure
communication with families

➡️ See: Checklist Before Enrolling

Checklist Before Enrolling

Review School Policies

Ask to review:

student handbook
discipline policies
accommodation procedures
enrollment agreements, which may be legally binding

Discuss Your Child’s Needs

Share information about your child’s needs and ask:

What supports will be provided?
What happens if those supports are not sufficient?

Ask About Communication

Clarify how the school communicates about:

academic progress
behavior concerns
support needs

Consider Overall Fit

A school’s culture, flexibility, and willingness to collaborate are often as important as formal policies.

Ref: Family Guide

If Challenges Arise

If your child is:

denied admission
not receiving supports
facing disciplinary issues

You can:

request a meeting with school leadership
review school policies and agreements
share evaluations or school records
seek guidance from scholarship organizations or advocacy groups

➡️ See: What to Do If Problems Occur

What to Do If Problems Occur

If Your Child Is Denied Admission

Private schools generally set their own admissions criteria. Families can ask for clarification and explore other options.

If Accommodations Are Not Provided

Families can:

request a meeting
share evaluations or records
ask what supports are available

Depending on the laws that apply, the school may not be legally required to provide specific supports or accommodations.

If Your Child Is Disciplined

Private schools are typically not bound by the same disciplinary protections as public schools, including requirements related to disability and behavior.

Where Families Can Seek Help

Families may seek guidance from:

The Scholarship Granting Organization (SGO)
Some SGOs provide support or assistance with disputes, but services vary by program.
Disability advocacy organizations, such as
- CHADD
- Understood

Attorneys knowledgeable about disability rights and education law
Families may wish to consult a qualified attorney to better understand their rights and options in specific situations
Educational advocates or special education consultants
These professionals generally provide private services. Availability varies, and families may incur out-of-pocket costs.

Ref: Family Guide

Tip for Families

Before enrolling, review the School Evaluation Checklist at the end of this guide.

Bringing these questions to a school visit can help you decide whether a school is the right fit.

➡️ School Evaluation Checklist

School Evaluation Checklist for Families

Families can use this checklist when speaking with schools.

School Supports

☐ Does the school have experience supporting students with ADHD?
☐ Are teachers trained in learning differences or executive functioning challenges?
☐ Are tutoring or intervention services available?

Accommodations

☐ Does the school offer written accommodation plans?
☐ What types of accommodations are commonly used?
☐ Who coordinates accommodations?

Instructional Environment

☐ What is the typical class size?
☐ How much individualized attention do teachers provide?

Behavior and Discipline

☐ How does the school respond to attention or impulsivity challenges?
☐ Are behavioral supports used before disciplinary action?

Staffing and Communication

☐ Are learning specialists, counselors, or psychologists available?
☐ How does the school communicate with families about student progress?

A school’s willingness to answer these questions clearly can provide important insight into whether it can support your child.

Key Takeaways

Scholarship programs can expand educational options for families
Public and private schools operate under different legal frameworks
Students with ADHD often experience different levels of protection and support depending on the setting
It is important to consider both legal protections and what the school can realistically provide
Asking detailed questions early can help families make informed decisions

Talking with Schools: Green Flags and Red Flags

🟢 Green Flags

✔ Staff discuss ADHD openly and ask thoughtful questions
✔ The school describes specific supports it has used successfully
✔ Staff have training or experience with learning differences
✔ The school emphasizes collaboration with families
✔ Discipline policies include supportive strategies
✔ Staff are transparent about what they can and cannot provide

🔴 Red Flags

⚠ The school states it does not provide accommodations or supports
⚠ Staff dismiss ADHD as a behavior or motivation issue
⚠ The school cannot explain how it supports struggling students
⚠ Discipline policies rely heavily on suspension or dismissal
⚠ Staff avoid discussing policies or supports
⚠ The school suggests the child should attend a different school

Remember

A school does not need to offer every service to be a good fit. However, openness, transparency, and a willingness to work collaboratively are strong indicators that a school is prepared to support students with ADHD.