If your child attends a public school in the United States, or a private school that accepts federal funding, they are guaranteed certain protections under federal law. These boil down to access to Free, Appropriate Public Education (FAPE). The two main pieces of legislation that protect this right are the Individuals with Disabilities Education Act (often shortened to “IDEA”), and Section 504 of the Rehabilitation Act of 1973.
The Individuals with Disabilities Education Act (IDEA) is a federal law that governs how states and federally-funded public agencies provide early intervention, special education, and related services to youth with disabilities. Although the law does not mention anxiety or OCD as specific disabilities, children may be eligible to receive special education services through an “ Other Health Impairment (OHI)” or “ Emotional Disturbance (ED)” classification.
Any parent or legal guardian can request an initial evaluation to determine if their child is eligible for special education services. Medical reports and/or evaluations may be necessary to establish a child's disability. Further information may need to be collected suggesting that commonly used treatment interventions were ineffective before a student is classified with an OHI.
To qualify to receive services under an ED classification, a student must display one or more of the following characteristics over a long period of time, and to a marked degree that negatively affects (or has an "adverse impact on") their educational performance:
Additionally, a student’s problematic behavior or emotional responses must be significantly different from age appropriate, cultural, or ethnic norms and data may be needed suggesting that commonly used research-based interventions were ineffective for consideration for an ED classification.
Individualized Education Plan (IEP)
Once a student is determined to be eligible to receive special education services, the specific services are then outlined in an Individualized Education Plan (IEP) . An IEP should include the student's present levels of academic and functional performance, their academic and behavioral goals, and the academic/behavioral supports needed to help the child achieve these goals.
Parents/legal guardians must be invited to participate on the team that develops the IEP, which generally includes the student’s teacher, a special education teacher, a school administrator, a school psychologist, and/or other school personnel. A parent/legal guardian also may invite others to attend IEP meetings, such as their child’s therapist, an educational advocate, or an attorney (visit "Who to Bring to a School Meeting" section to learn more). Once an IEP has been established, it will be implemented and reviewed at least annually.
If a parent/legal guardian does not agree with the IEP, or the IEP team’s decision regarding special education eligibility, they must be informed how they can challenge the decision. Parents/legal guardians can choose to have their child independently evaluated by someone outside of the school system, and the school may be required to pay for the evaluation. While schools should consider all appropriately conducted evaluations, they may not be required to comply with the findings.
Section 504 of the Rehabilitation Act of 1973 guarantees rights to people with disabilities. It aims to decrease discrimination and promote equal opportunities by requiring schools to provide reasonable accommodations (e.g., extra time on tests, use of computer-aided instruction, etc.) for children with disabilities. These accommodations can address temporary (for example, a broken leg) or chronic (for example, asthma) problems, and defines disability as a physical or mental impairment which substantially limits one or more major life activity (for example, learning). Thus, 504 accommodations can be implemented quickly and flexibly.
Children with anxiety and/or OCD may be eligible to receive 504 accommodations if their symptoms significantly limit at least one major life activity (e.g., walking, speaking, learning, reading, writing, performing math calculations, working, self-care) as determined by a school-based team that usually includes the same individuals who sit on IEP teams.
Section 504 requires the review of multiple sources of information provided by different individuals (e.g., school psychologist, caregiver, teacher) prior to providing accommodations. Similar to IEPs associated with IDEA, eligible 504 students receive accommodations through an Individual Accommodation Plan (IAP), more commonly known as a 504 plan. This plan lists specific accommodations and interventions that may help a student with their educational functioning and/or ability to benefit from educational services, as it relates to their disability. These plans often list specific instructional materials that a student may need, modifications to tests or assignments, grading and assessment changes, and behavioral interventions.