Attention deficit hyperactivity disorder (ADHD) is a neurodevelopmental condition that manifests itself with a persistent pattern of inattention (such as difficulty maintaining concentration, organizing tasks, or remembering where to put objects), hyperactivity (a constant need to move, difficulty sitting still) e impulsiveness (such as interrupting others or acting without thinking about the consequences).
The impact of these characteristics on social, scholastic and working life is also recognized at a clinical level by the DSM-5 (Diagnostic and Statistical Manual of Mental Disorders). To protect the rights of people with ADHD and other disabilities, promoting assistance andscholastic and social inclusionthe Italian legislative system provides various instruments. The best known is law 104 of 1992, to which we can refer when the impact on daily life is particularly significant.
This is accompanied by law 170 of 2010, created to protect people with Specific Learning Disorders (DSA) but whose protections, thanks to a subsequent directive, were also extended to students with ADHD, creating an additional level of support.
Understanding the differences between ADHD reads 104 or 170 it is the first step to orient yourself. In this article we will clarify how these laws work, to facilitate recognition of rights and promote a true social inclusion, school And professional.
ADHD: the differences between law 104 and law 170
We often ask ourselves what the differences between law 104/92 and law 170/2010 when it comes to ADHD. Let’s imagine them as two different tools, designed to respond to different needs.
There law 104/1992 it is a framework law, very broad. Its objective is to guarantee 360-degree integration (social, family, school and work) for people with disabilities, protecting their dignity, rights and autonomy. As regards theADHD, law 104 applies when the condition involves significant impairment.
Difficulties in learning, relationships, work integration with an impact in terms of social disadvantage establish the right to take advantage of the provisions of the law. However, the services that can be accessed are commensurate with the degree of impairment and residual individual capabilities. This element is of fundamental importance in ADHD pictures.
It is important to know that a child with ADHD is not always automatically recognized as having right to scholastic support or tocivil disability. The decisive factor is always the evaluation of the impact that the symptoms have on everyday life: at school, in the family and, for adults, at work.
There law 170/2010however, has a more specific focus: it was created to protect students with Specific Learning Disorders (DSA), such as dyslexia, dysgraphia, dysorthography and dyscalculia. The objective of theADHD and Law 170 is to guarantee educational success through tailor-made teaching, compensatory and dispensatory tools and other forms of support for the student and his family.
The turning point is the ministerial directive of 27 December 2012which extended these protections to all students with Special Educational Needs (SEN), explicitly including those with a diagnosis of ADHD. This has opened the door to fundamental tools such as the Personalized Teaching Plan (PDP), designed to adapt teaching to individual needs.
ADHD and Law 104
Exploring the relationship between ADHD and Law 104it is important to understand why this is not so automatic. The law is from 1992 and could not explicitly mention ADHD with the awareness and regulatory framework that exists today. And this is why the right to support is not guaranteed to everyone. As the 2012 Ministerial Directive makes clear, the key is the severity of the situation. In fact, the text reads:
“In some cases the particularly serious clinical picture – also due to comorbidity with other pathologies – requires the assignment of a support teacher, as provided for by law 104/92. However, there are many children with ADHD who, due to the lesser severity of the disorder, do not obtain disability certification, but have an equal right to have their educational success protected”.
Hence the need to extend what is established by law 170/2010 also to subjects with ADHD.
When it comes to ADHD and disabilitythe discussion becomes even more specific. It is important not to confuse handicap (law 104) with civil disability (law 118/1971). They are two distinct paths, which require ratings on the part of medical commissions different and lead to different benefits.
To request recognition of civil disability linked to ADHD, the process to follow includes some key steps:
- obtain the introductory certificate from a qualified doctor certifying the diagnosis and its implications;
- forward the application electronically to INPS, which will start the assessment procedure;
- undergo the examination at the ASL medical commission, integrated by an INPS doctor. This commission will establish the percentage of disability for ADHD (which can vary from 33% to 100%), on which the specific benefits (such as financial supports or accompanying allowances) will depend.
As for the financial aid for adults with ADHDlike themonthly allowance of assistance, values are a crucial point. In fact, one is required disability rate for adults with one reduction in working capacity Of at least 74%. This means that the commission will carefully evaluate how the symptoms of ADHD affect the ability to carry out a work activity. This also applies to school support which is not automatic recognition.
For thehandicaphowever, the assessment takes place through specific procedures medical commissions of the ASL with the presence of social workers and expert specialists. Disability can be ascertained even in the absence of civil disability. Any benefits recognized include tax breaks, support for scholastic and social integration, but not direct economic support.
Finally, for entry into the world of work, law 68/1999 comes into play. This rule regulates targeted placement ei rights of people with ADHD and other disabilities in the professional field. Also in this case, specific medical commissions evaluate the residual working capacity to guarantee access to benefits such as training courses and hiring incentives.
Is a student with ADHD entitled to academic support?
This is one of the questions that worries parents the most. As underlined by the 2012 Ministerial Directive, the right to school support for ADHD is not automatic and comes granted when the symptoms have such a significant impact on the life of the child and family that specialized support is necessary to ensure real scholastic and social inclusion.
The path to certification usually follows these steps:
- The school, through the teachers, report to the family a situation of persistent difficulty.
- The class council, in agreement with the family, can start a period of observation and targeted educational interventions.
- If the difficulties are not resolved, the family takes action for an external specialist evaluation, which may involve neuropsychiatrists and psychologists to carry out specific tests.
- With specialist diagnosis, the family can request certification of handicap at the ASL. A medical commission will evaluate the severity and level of impairment.
- Once certified, the student acquires the right to a support teacher and other personalized supports.
Once you are certified for ADHD, how many hours of support are they guaranteed? The handicap certification allows you to have the right to the presence of a support teacher for a quarter of the total lesson hours. However, if a serious disability is recognised, the coverage can also cover the entire school timetable.
It is important to reiterate that the severity of the impairment is the deciding factor. Sometimes, the presence of comorbid disorders, since the overall functional impact is greater as in the case of ADHD and DSA, law 104 can be recognized more easily, .
ADHD and Law 170
When the support of law 104 is not accessible, the law 170 on ADHD acts as a vital safety net. Although it was created for Specific Learning Disorders, precisely to guarantee everyone the right to study, the 2012 Ministerial Directive extended its measures to all students with Special Educational Needs, including those with ADHD,
The main benefits provided are the following:
- Drafting a Personalized Teaching Plan (PDP): it is a fundamental document that the school must draw up in agreement with the family. It defines the use of tailored strategies, such as the use of compensatory tools (concept maps, calculator, computer) and dispensatory measures (fewer tasks, more time for tests, scheduled questions).
- Support for parents: in some cases, working parents are entitled to flexible working hours to assist their children with their studies or during therapy.
ADHD: disability and financial aid for adults
Even for adults, ADHD can pose a significant challenge, especially in the workplace. For this reason, there are forms of economic protection. According to the INPS guidelines, also reported in the guide The rights of people with disabilitiesthe percentage of disability linked to a diagnosis of ADHD is the parameter to access specific subsidies:
- with a disability of at least 74%you may be entitled to a monthly care allowance (subject to income limits);
- with atotal disability (100%), you can access the disability pension. If there is also a condition of non-self-sufficiency, the accompanying allowance can be added.
The level of severity of ADHD (mild, moderate or severe according to the DSM-5) must therefore translate into a concrete and severe limitation of working capacity. If the commission does not certify the severity of this impact, unfortunately it will not be possible to access financial support.
This makes us understand how crucial it is that the diagnosis of ADHD in adults and children is accurate and complete and carried out by expert professionals who know how to document the functional impact of the condition.
How to navigate regulations and rights
Navigate the complex bureaucracy that regulates i rights of people with ADHD it can be a frustrating experience. It is often difficult to see the impact that this neurodivergence has on people’s lives recognised. Precisely this difficulty makes it difficult to access fundamental measures such as school support or economic aid.
It may therefore be important to act and promote interventions on multiple levels, to build a more inclusive society:
- At an institutional level: promote greater training and sensitivity, so that support reaches all people with ADHD and their families, not just in cases perceived as more serious.
- At an individual level: spread awareness through psychoeducation. Too often, in fact, a child with ADHD is labeled as ‘lazy’ or ‘rude’, without recognizing the frustration he feels in managing his impulsiveness and attention difficulties.
- At the level of care: facilitate access to accurate diagnoses and assessments without ever forgetting the importance of psychological support. An ADHD psychologist can be a valuable resource for the person and their family.
- At the school level: create a constructive dialogue between families, teachers and students to build an environment that enhances everyone’s resources. This includes supporting parents in choices, such as those relating to a possible pharmacological intervention or requesting support.
