Of course they should be (imho). They are in our district.
For example, a friend's daughter got a low grade in the "oral" component for language. This girl is a fantastic public speaker and a strong reader, so her mom was perplexed. She asked the teacher and was told that "listening" is a component of oral. Bingo! This girl has ADHD and has poor listening skills because of her ADHD behaviours.
I think this is legit. In our schools, the kids are not groomed to be "test takers" as much as they are equipped with life skills. (They do take tests of course and have to meet provincial curriculum objectives, but they are also required to learn behaviours that will help them in life, such as social skills and listening).
Listening skills are extremely important. I had horrible listening skills when I was a kid, and that is what kept me from being grade-accelerated. If I had been given the guidance when I was young to develop better listening skills, my academic life might have been a lot different.
My ADHD kid, meanwhile, is being given support for his listening issues (time with a SLP, access to technology, EA time, etc.) His report card is pretty bad, but he's in grade 3... how much do marks really count in grade 3?
Just my opinion... others might not agree...
