The Role of School Personnel: Understanding the Law
Understanding the Law as It Relates to Students with OCD
School personnel are likely to be familiar with the federal laws that protect a child’s right to a free appropriate public education in the least restrictive environment:
- Section 504 of the Rehabilitation Act of 1973 (Section 504)
and - The Individuals with Disabilities Improvement Education Act (IDEA).
But when a student has OCD, it’s not always clear how to ensure that the student receives an appropriate education. What’s important is that school personnel, the parents, and the therapist (when the student is receiving treatment) are all working together to make sure that the student gets the best education possible. You’re all on the same side -- the student’s side.
The information in several sections of the OCD Education Station web site provides background on OCD, the effect of OCD on learning and social development, how to recognize OCD (or possible OCD) and how to communicate effectively with parents. Additionally, best practices in intervention (including accommodations and modifications) are presented to give school personnel practical strategies that can help them manage OCD in the school setting.
The ideas and specific tactics outlined help many educators, administrators and school staff effectively work with students who have OCD, and today countless students currently benefit from their use. But school personnel, parents, or both may want or need to develop a more structured approach to managing a student who has OCD to maximize his or her academic and social development. That’s when considering the laws pertaining to a student's civil rights, the provision of special education and related services, and the safeguarding of privacy is a good course of action.
Making the Best Choices for the Student Who Has OCD
School personnel can play a critical role in helping a student who has OCD get the education he or she needs in the least complicated manner. Schools do not have a uniform approach to working with students who have OCD. The way a student who has OCD is treated -- and the education he or she receives -- depends on school personnel’s knowledge about OCD and experience in working with students who have the disorder. It can also depend on school personnel’s willingness to find a way to help, and, of course, individual school and school district policies.
Some students with OCD need easy-to-implement accommodations (such as many of those detailed on this web site) that can be put in place without additional cost or extra time for existing personnel. Individual schools differ on their approaches to making even simple accommodations but, in certain cases, students with OCD may receive simple accommodations and modifications without going through the more formal processes associated with Section 504 and IDEA. Also, accommodations and modifications may be needed only temporarily, and should be discontinued as the student recovers and is able to overcome obsessions and compulsions. Keep in mind, however, that some parents prefer having even simple accommodations documented in writing under Section 504.
In many cases, Section 504 is the appropriate vehicle for providing students necessary accommodations and modifications. In other cases, students require special education and related services under IDEA. The most important objective is to meet the individual needs of the student and provide the best opportunity for academic and social success. The information below outlines some of the differences between Section 504 and IDEA.
Differences Between Section 504 and IDEA
Section 504
Many students with OCD – frequently those with milder cases – are served under Section 504. Section 504 is a civil rights law which provides that “no qualified individual with a disability in the United States shall be excluded from, denied the benefits of or be subjected to discrimination under” programs that receive federal funding. This includes any education agency (e.g., schools) if even a single of its activities or programs receives federal funding.
Section 504 ensures that reasonable accommodations and modifications are made so that the child with a disability (or believed to have a disability) can access education and learn in a manner similar to his or her peers. In other words, the purpose of Section 504 is to "level the playing field" for children and adolescents with disabilities (and those perceived to have a disability).
There are many kinds of disabilities recognized under Section 504, including illnesses such as asthma and diabetes. Although not specifically listed in Section 504, OCD qualifies as a disability under this law. When a specific diagnosis of OCD has been made, formal documentation of the diagnosis will be required. Or the student’s behavior may be such that, even without a formal diagnosis, it’s clear that some kinds of accommodations or modifications are necessary for the student to learn or develop socially.
In order to be served under Section 504, a student must have a disability (or is believed to have a disability) that substantially limits a major life activity. Learning is one such life activity. Section 504 requires than an evaluation of the child must be conducted, drawing information from a variety of sources to provide an overall picture of the student's functioning. Although parents must be notified about this evaluation, their consent is not required.
A Section 504 plan is a written plan customized for a child with a disability who is determined to qualify for Section 504. A Section 504 plan can often be developed by a student’s teachers and school administrators with or without parents’ involvement (although it’s always best if parents are involved), and may be able to be created without involving higher-level administrators at the district level. But of course, individual schools and districts vary on their approaches to Section 504. If desired, the Individualized Education Program (IEP) of IDEA may be used for the Section 504 written plan.
A Section 504 plan will enable school personnel to have procedures in place to manage learning, social or behavior problems that may occur when a student has OCD. These procedures may include some of the accommodations and modifications listed on this web site.
In some cases, a 504 plan may include a specific plan to manage the situation at school if a student has an OCD-related behavioral outburst or medical emergency (e.g., related to medication he or she may be taking as part of treatment for OCD or an outburst as described elsewhere on this web site). Such protocols may include procedures for dispensing emergency medication or keeping the child isolated so as not to hurt him or herself (or other students) until the parents or other help arrives at the school.
IDEA
Many students with OCD, particularly those with more severe cases of OCD, are served under the Individuals with Disabilities Education Improvement Act (IDEA) of 2004, the federal law governing special education and related services. Eligibility for special education services under IDEA is based on a formal assessment of the student, in which it must be determined that the disability has an adverse effect on the student’s educational performance. Parental consent is required for this evaluation. Many schools have a team in place to evaluate students who may need special education.
Under IDEA, students’ disabilities are categorized under one or more of 13 disability categories (e.g., Learning Disability, Emotional Disturbance or Other Health Impairment). In the past, students with OCD have been identified under the category of “Emotional Disturbance;” many of these students continue to be classified under this category today. However, most OCD experts recommend that a child or teen who has OCD be classified under the “Other Health Impairment” (OHI) label. This is because OCD is neurobiological in nature rather than emotional. Tourette Syndrome and AD/HD, both of which also have a neurobiological basis, are already included under the OHI category of IDEA.
It is important to note that if a student is found to be eligible for services under IDEA, he or she is still protected under Section 504. Also, if a student is not found to be eligible for services under IDEA, he or she may still qualify for Section 504.
Once it is determined that a student is eligible for special education and related services, IDEA mandates that an individualized education program (IEP) be developed for that student. The law regulates who participates in the IEP development and specifically includes the parents of the child. The IEP contains many different components and serves as a blueprint for how the child is to be educated. A very important stipulation of IDEA is that children with disabilities be educated in the “least restrictive environment” (i.e., settings with nondisabled peers) to the greatest extent possible. If the child cannot participate with nondisabled children in the regular classroom for any part of the school day, an explanation must be provided in the IEP. Some preliminary research in the state of Illinois indicated that the large majority of students with a primary diagnosis of OCD served under IDEA were included in regular classrooms, alone or in combination with resource services or part-time special classes. This research suggested that the IDEA provision of the least restrictive environment was a guiding principle in decisions related to educational placement for students with OCD.
Summary of 504 vs. IDEA
Section 504 provides a quicker and more flexible means for supporting students with OCD. Section 504 also may also be considered by parents who do not want their child to be singled out as “different” or labeled as needing special education. A student may also fear social alienation if it becomes evident to others that he or she needs special education or related services. However, IDEA provides for more rights and safeguards for students with OCD and their parents than Section 504. Therefore, if a student is seriously struggling with academic, social and/or behavioral problems because of OCD, obtaining special education and related services for the student under IDEA may be preferable.
Family Educational Rights and Privacy Act of 1976
The Family Educational Rights and Privacy Act (FERPA) protects students who have disabilities by requiring that all school records remain confidential. It also allows parents (and students age 18 or over) the right to review the student’s records. School personnel are required to explain or help parents and qualifying students understand what is included or noted in the records.
If parents or qualifying students want to release the information in the record to a third party, the parents must consent and provide the name of the person to whom the records will be released, written consent to release the records (including what may be disclosed), and the purpose of the disclosure.