The tests are multiple choice, timed, and no accommodations are permitted. Therefore, the courts have generally refused to intervene in military matters. Consequently, the Americans with Disabilities Act does not apply to the Armed Forces disqualifying conditions definitions which can prevent an individual from entering the military or can be used as a reason for separation from the Armed Forces. The rationale for this military policy is that adaptations for learning impairments cannot always be made under tight time constraints or hazardous conditions. The position of the military is that technological skills and consistent good judgement must be accessible and reliable, without the aid of medication.
Problems arise when candidates misrepresent their history.
Again, the rational behind this military policy is that any condition requiring regular medication may place the individual at risk in a combat situation. The military must access only those service members who can be deployed worldwide without the need for specialized medical treatment or prescription medications. The military does grant waivers to enter the service for conditions such as ADHD in certain circumstances. If the recruit with the history of ADHD has outgrown the need for medication and has be successful in school or employment for three years without being on medication and can pass all of the required entrance exams, the recruit may apply for a waiver. If the recruit is still in high school, a waiver may be granted if the individual has been in school and off ADHD medication for one to two semesters, is mainstreamed, does not require untimed tests, and does not have an Individualized Educational Plan in place.