In recent years, anxiety disorders have reached epidemic proportions among the young. Researchers estimate that nearly one-third of teenagers have some form of anxiety disorder (much of which goes untreated)--and among college students, anxiety rates are nearing 40 percent. Students grappling with anxiety disorders, from elementary school to university, often face substantial difficulties when it comes to education. These challenges can result in poor academic performance as well as social and emotional issues, potentially stalling the learner's academic progress and impacting their life after school, as well.
Under federal legislation, K-12 schools, colleges, and universities are required to provide specific accommodations for students with disabilities, including those experiencing anxiety disorders. However, these accommodations are rarely given automatically, so it's critical for students and their parents to be fully informed about these rights to ensure they can obtain the accommodations to which they are legally entitled. Unfortunately, a significant number of educational institutions do not always meet the required standards of support for students suffering from anxiety disorders. This shortfall can lead to a compromised educational experience at best and, at its worst, might culminate in punitive academic measures (like dismissal for poor academic performance). The problem is that many parents and students are completely unaware that the student's rights are being violated in the process. This is where an experienced education attorney can help.
If you have a child suffering from anxiety disorder, the Education Law Team at the Lento Law Firm offers the best solution for ensuring that your student receives all the legal accommodations to which they are entitled. We have nationwide experience in advocating for disabled students and ensuring that their schools provide them equal access to educational opportunities. We are committed to vigorously defending your child's rights. For assistance, call the Lento Law Firm at 888-535-3686 or complete our confidential online form.
What Is an Anxiety Disorder?
To be clear, anxiety is a normal human emotion that we all feel from time to time in response to temporary stressors. However, when the anxiety is particularly severe or constant, it is more likely to be classified as an anxiety disorder.
Anxiety disorder is a term that encompasses various mental health conditions characterized by significant and persistent worry, fear, or nervousness, extending beyond the normal anxiety people experience as a part of life. Unlike the occasional anxiety triggered by facing a challenging situation like a job interview or public speaking, anxiety disorders are more intense, lasting, and can interfere with daily activities, relationships, and overall quality of life.
Anxiety disorders differ from normal feelings of nervousness or anxiousness in their severity and persistence. While it's common to feel anxious about specific events or circumstances, these feelings typically dissipate once the situation is resolved. However, in someone with an anxiety disorder, the anxiety does not go away and can worsen over time. These disorders can significantly impair one's ability to function in work, school, and social situations.
There are several types of anxiety disorders, each with distinct features. Examples include:
- Generalized Anxiety Disorder (GAD): Characterized by chronic anxiety, exaggerated worry, and tension, even when there is little or nothing to provoke it.
- Panic Disorder: Involves recurrent, unexpected panic attacks and fear of experiencing another attack.
- Social Anxiety Disorder: The extreme fear of being scrutinized and judged by others in social or performance situations.
- Phobias: Intense fear of a specific object, situation, or activity that is generally not harmful.
Common symptoms across these disorders include persistent worry, trouble sleeping, heart palpitations, nausea, trembling, and avoidance of certain situations or activities. The exact cause of anxiety disorders is not fully understood but is believed to be a combination of genetic, environmental, psychological, and developmental factors. Treatment typically involves psychotherapy, medication, or a combination of both, tailored to the individual's needs.
How Anxiety Disorders Can Impact a Student's Ability to Learn
Anxiety disorders can profoundly impact a student's ability to learn, manifesting in ways that hinder academic performance, social integration, and overall well-being. The pervasive and persistent nature of anxiety can disrupt cognitive functions essential for learning, such as concentration, memory, and problem-solving skills. Students with anxiety disorders might find themselves trapped in a cycle of worry and fear, which can make it challenging to focus on lectures, participate in class discussions, or complete assignments on time.
One significant impact of anxiety disorders on learning is test anxiety, where the fear of failure becomes so overwhelming that it impairs the student's ability to perform well during exams. This form of anxiety can lead to a discrepancy between a student's understanding of the material and their exam performance, often not reflecting their true capabilities.
Moreover, anxiety can affect a student's participation in class. Those with social anxiety disorder may avoid speaking up in class or working in groups due to fear of negative evaluation or embarrassment. This avoidance can limit their engagement with the learning material and reduce opportunities for learning through interaction, which is crucial for academic and personal growth.
The physical symptoms of anxiety, such as fatigue, headaches, or stomachaches, further detract from a student's ability to engage with their education. These symptoms can lead to increased absenteeism, further impacting their academic performance and social interactions at school.
Rights of Students with Anxiety Disorders Under Disability Laws
Under federal laws, a disability is defined as any “physical or mental impairment” that considerably limits one or more “major life activities.” Obtaining an education is considered a "major life activity," so given the impact of anxiety disorders on a student's learning capacity, these conditions are recognized as disabilities that educational institutions are legally obligated to accommodate.
Disability rights in the United States are defined by three key pieces of legislation: Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA), and the Individuals with Disabilities Education Act (IDEA). Together, these laws lay down the framework for how schools must accommodate students with disabilities (including anxiety disorders). While IDEA specifically addresses the needs of K-12 students, ADA is more applicable to college students seeking accommodations. Section 504 applies to all schools that receive federal funding, although some provisions (like Free Appropriate Public Education or FAPE) apply mainly to K-12 public schools.
To secure a disability accommodation, students or their guardians must file a formal request with their school. Each school has its own protocol for handling such petitions, often requiring adherence to specific procedures to ensure proper evaluation. Familiarizing yourself with your institution's specific process is crucial before making a request.
IEP Accommodations for Students with Anxiety Disorders
A cornerstone of IDEA is the entitlement of eligible students with disabilities to an Individualized Education Plan (IEP) tailored to their needs. This custom educational blueprint is crafted to the needs of the student through collaboration among school officials, teachers, and parents. Eligibility for an IEP spans a wide range of conditions, including intellectual challenges, emotional disturbances (such as anxiety disorders), and learning disabilities.
Not every case necessitates an IEP, and not all schools are required to offer one. While K-12 students attending public or charter schools might qualify for an IEP, this eligibility does not extend to private school students. Moreover, the applicability of an IEP is confined to the K-12 education system; post-graduation, colleges are not bound to comply with a high school IEP's stipulations.
For students dealing with anxiety disorders, an IEP might include accommodations that include, but are not limited to
- Extended time on tests and assignments.
- Quiet test-taking environment: a calm and secluded space to minimize stress and distractions.
- Preferential seating: Placing a student near the teacher or in a location that feels safe can reduce anxiety.
- Breaks during class as needed.
- Alternative presentation options: allowing the student to present projects in different formats (e.g., video, one-on-one presentations) to accommodate social anxiety.
- Access to a counselor or school psychologist.
- Modified participation requirements (e.g., adjusting the expectations for class participation to reduce anxiety associated with speaking in front of others).
Entitlement to Free Appropriate Public Education (FAPE) for Students with Anxiety Disorders
Pursuant to Section 504 and the Individuals with Disabilities Education Act (IDEA), every student with a disability is entitled to an equivalent public education that is available to their non-disabled peers. This means that educational institutions receiving federal funds are required to provide a Free Appropriate Public Education (FAPE) to each student with a recognized disability. This mandate applies universally to educational bodies and programs offering free public education (most notably, public and charter K-12 schools).
The specific configuration of FAPE for students contending with anxiety disorders depends on various factors, including the student's personal needs and challenges, the extent of their impairment, and the policies of the attending school district. The essence of FAPE is to ensure the student is educated in the general classroom environment to the greatest extent suitable, supplemented by any necessary educational services to guarantee equitable access to the provided education. It is important to note that while FAPE aims to ensure access, it does not promise the highest possible quality of services or the provision of every service a student with disabilities might request.
ADA Reasonable Accommodations for College Students with Anxiety Disorders
Under the Americans with Disabilities Act (ADA), higher education institutions are obligated to offer "reasonable accommodations" to students with disabilities to aid them in their academic pursuits. College students experiencing anxiety disorders can request such accommodations by submitting relevant documentation (including their doctor's diagnosis) to the school. A high school Individualized Education Plan (IEP), if available, may be presented as part of this documentation, serving as evidence of previously recognized needs. Although an IEP does not directly apply in college settings, it can be instrumental in identifying appropriate accommodations at this level. (It's worth noting that many colleges and universities have specialized departments focused on supporting students with disabilities.)
For students suffering from anxiety disorders, "reasonable accommodations" might include, but are not limited to:
- Test-taking accommodations: extended time, alternative testing environment.
- Note-taking assistance
- Flexibility with attendance policies and deadlines
- Alternative presentation methods for projects (e.g., video instead of written papers)
- Access to counseling and/or "quiet spaces"
When the School Fails to Accommodate Your Student's Anxiety Disorder
Unfortunately, students with anxiety disorders can sometimes encounter difficulties when seeking the accommodations they need from their schools. Instances may occur where a school:
- Does not recognize or validate the student's disability;
- Provides insufficient accommodations for the student's needs; or
- Fails to offer any accommodations at all.
In these situations, it is vital for both students and parents to be fully informed about their legal rights and to follow the school's procedures for requesting accommodations, aiming for a cooperative solution with the educational institution. Should these attempts prove unsuccessful, it might become necessary to seek the help of an education law attorney skilled in addressing disputes over disability accommodations.
The Lento Law Firm's Education Law Team: Supporting Students with Anxiety Disorders
Each student, including those grappling with anxiety disorders, deserves an education that caters to their individual needs and fosters both academic and personal growth. Disability accommodations are crucial to ensuring every student has a chance to thrive academically and in their future career. However, obtaining these accommodations is often easier said than done. The process of requesting accommodations can be confusing and overwhelming, and students often do not even realize when their legal rights are being violated.
At the Lento Law Firm, our Education Law Team has a deep understanding of the legal rights afforded to students with disabilities and how to secure their right to a high-quality education. We have many years of nationwide experience and have a track record of success with even the most complex cases. If you are a student living with debilitating anxiety--or the parent of such a student--don't attempt to resolve these issues alone. Let us work to help you receive the accommodations to which your student is legally entitled and smooth the path to a brighter future for them. Call the Lento Law Firm for a consultation at 888-535-3686 or use our online form.
