FUNDANEED.es
The court dismisses the administrative appeals lodged by 37 associations because it considers that “ADHD, as described without contradiction, can be considered as falling under letter A of paragraph 1 of article 7 of Royal Decree 471/2021”. With this decision, the Ministry will have to include in its scholarships those who, with a scientifically accredited neurodevelopmental disorder, encounter economic difficulties in their human and educational development.
The Supreme Court has recognised the group of people with Attention Deficit and Hyperactivity Disorder (ADHD) access to educational grants, without the need to have a disability of 33%.
The FEAADAH, Federación de Asociaciones de Ayuda al Déficit de Atención e Hiperactividad (Federation of Attention Deficit and Hyperactivity Disorder and Hyperactivity Associations), advised by the law firm Lawyou, has received a favourable ruling to avoid the discriminatory exclusion created by Royal Decree 471/2021, which requires students with ADHD to prove a 33% disability to be able to apply for financial aid. FEAADAH considered this decision to be discriminatory.
As established by the Supreme Court in its ruling, the court dismisses the administrative appeals because it considers that “in its opinion, ADHD, as described without contradiction, can be considered to be covered by letter A of paragraph 1 of article 7 of Royal Decree 471/2021”.
This letter A states that they will be able to “access grants for students with specific educational support needs derived from disability or serious behavioural disorder”.
In this sense, the ruling recognises that “sufficient accreditation [referring to ADHD] will be the key to obtaining them”.
In Spain there are currently 415,000 children with ADHD and, specifically, around 20,000 of them could not aspire to obtain this type of training aid, which is offered annually by the Ministry of Education, because they do not have at least 33% recognised disability. For this reason, associations from all over Spain appealed first to the National High Court and then to the Supreme Court against Royal Decree 471/2021 on the grounds that it was discriminatory.
“The Supreme Court has made it clear: it has rejected our appeals because it considers that ADHD, due to its needs and symptomatology, is already included in the first point of the Royal Decree”, explains Maite Urkizu, president of FEAADAH.
The exclusion of this group from the grants awarded annually by the Ministry of Education is “obvious and blatant discrimination, which leaves the most disadvantaged children at social, personal and educational risk, and without this aid they will not be able to receive educational support. With this decision, the Ministry will have to include in its grants those who, with a scientifically accredited neurodevelopmental disorder, encounter economic difficulties in their human and educational development without the need to have a disability or behavioural disorder”, Urkizu explains.
In Spain, the prevalence of ADHD is 5% of the child and adolescent population. “Of the 415,000 children in this country with ADHD, 20,000 have been left without a scholarship in the last four years because they cannot prove a 33% disability, which does not mean that they do not need educational support”, stresses the president of FEAADAH.
The families affected, through different associations and FEAADAH, have been requesting for many years that the Royal Decree be modified and that a fifth section be added specifically to include ADHD. “According to the Supreme Court ruling, it will not be necessary to add a fifth section as it has made it very clear that ADHD is INCLUDED in the first one”, concludes the president.
About FEAADAH
The Spanish Federation of Attention Deficit and Hyperactivity Disorder Support Associations (FEAADAH) is a non-profit association which, since 2002, has been dedicated to promoting research into ADHD and to collaborating in educational, social and scientific areas with organisations devoted to the study and care of this disorder. Its scope of action is national and its organisation includes more than 70 federated associations.
FEAADAH is also a founding partner and active member of the European network of ADHD associations, ADHD-Europe.
Source: FEAADAH
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