Depression has been on the rise among students in the past few years, especially in the aftermath of the COVID-19 pandemic. Recent studies estimate that as many as 41 percent of college students currently deal with some level of depression–and 20 percent report having serious depression. The depression rates among high schoolers are similar, according to other studies. While depression ranges from mild to severe, it’s surprising to some how profoundly debilitating this condition can be for students struggling to learn. Not only can it cause them to suffer in their studies, but the repercussions extend beyond the classroom, affecting their social interactions and emotional well-being.
The good news is that because clinical or psychiatric depression is considered a disability, if you are a student suffering from it, or the parent of a student suffering from it, federal law requires schools to provide accommodations to assist students with depression on their educational journey. Students and parents need to know their rights in these situations because it is all too common for schools to fail to offer adequate support to these students. This problem occurs in K-12 and college environments alike, and the shortfall can lead to a compromised educational experience at best and, at its worst, may culminate in punitive academic measures (such as academic dismissal).
The best way to safeguard your student’s right to the necessary legal accommodations in their educational environment is to seek counsel and representation from a seasoned education attorney. The Education Law Team at the LLF National Law Firm has a proven track record of navigating the complexities of student disability issues nationwide. We are committed to vigorously defending your child’s rights. Call the Education Law Team at 888-535-3686 or fill out our confidential online form to schedule a consultation.
The Medical Definition of Depression
One of the reasons depression as a condition is so misunderstood is that many of us often mistakenly use the term “depression” to describe the temporary feelings of sadness we all may feel from time to time. From a medical/mental health standpoint, depression is much more complex. The American Psychiatric Association defines depression succinctly; “Depression (major depressive disorder) is a common and serious medical illness that negatively affects how you feel, the way you think and how you act…[It] causes feelings of sadness and/or a loss of interest in activities once enjoyed. It can lead to a variety of emotional and physical problems and can decrease a person’s ability to function at work and at home.”
Unlike the occasional mood swings that people experience as a normal part of life, depression is a serious medical condition that requires understanding, treatment, and support. It can be caused by a combination of genetic, biological, environmental, and psychological factors. People with depression may experience a variety of symptoms, including fatigue, changes in appetite, sleep disturbances, anxiety, irritability, thoughts of self-harm or suicide, and difficulty concentrating.
Depression is diagnosed through a comprehensive evaluation by healthcare professionals using specific diagnostic criteria. Treatment options vary and may include psychotherapy, medication, lifestyle changes, and support groups, depending on the severity of the condition and the individual’s needs.
How Depression Can Impact the Education Experience
Left undiagnosed and/or untreated, depression can significantly impact a student’s ability to learn and succeed in school. Here are some key areas where depression can have a negative effect:
- Concentration and Memory: Depression often impairs concentration, making it difficult for students to focus during lectures, study effectively, or complete assignments. This can lead to poor performance on exams and projects. Additionally, depression can affect memory, hindering the ability to retain and recall information.
- Motivation and Engagement: Students with depression may experience a lack of motivation and interest in academic work and extracurricular activities. This can result in missed classes, uncompleted assignments, and disengagement from school-related activities, further exacerbating academic difficulties.
- Attendance: Depression can lead to increased absenteeism. Students may find it challenging to get out of bed, attend classes regularly, or participate in school activities due to feelings of fatigue, apathy, or overwhelming sadness.
- Physical Health and Well-being: The physical symptoms of depression, such as changes in sleep patterns, appetite, and energy levels, can also negatively impact a student’s educational experience. Poor physical health can lead to missed classes, lack of participation, and decreased overall academic performance.
When Is Depression Considered a Disability for Accommodation Purposes?
Under the Americans with Disabilities Act (ADA), individuals with a “physical or mental impairment that substantially limits one or more major life activities” are considered to have a disability. This includes students diagnosed with depression because it can impact their ability to receive an education (which is a “major life activity”). Thus, if your student’s depression is such that it affects their ability to learn, it is considered a psychiatric disability that may qualify them for accommodations at their K-12 school or college.
Bear in mind that it’s not the diagnosis itself that qualifies someone for accommodations but rather how the symptoms limit their ability to access educational opportunities on the same basis as students without disabilities. Thus, to qualify for accommodations, a student must provide documentation from a qualified professional that diagnoses the condition and explains how it affects their ability to perform in an academic setting.
Rights of Students with Depression Under Disability Legislation
Students struggling with depression are protected by federal laws designed to ensure their rights within educational settings. These protections are provided by Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA), and the Individuals with Disabilities Education Act (IDEA). These laws mandate how educational institutions must accommodate students with disabilities. IDEA specifically supports K-12 students, while ADA guidelines are crucial for college students requiring accommodations. Section 504 applies to all schools that receive federal funds, covering both grade school and higher education sectors, although specific provisions may differ.
To initiate the accommodation process, students or their guardians must formally request such accommodations from their institution and typically provide evidence of the diagnosis of depression. The process of applying for accommodations varies from one institution to another, and failing to follow specific protocols may result in your student being disqualified from accommodations. The Education Law Team can assist with this process to ensure your student fulfills all the requirements to qualify and that the school honors its obligations in return.
IEP Provisions for Students with Depression
A key element of IDEA is the entitlement of students with disabilities to an Individualized Education Plan (IEP) crafted to meet their unique educational needs. This plan is developed through a collaborative effort involving school officials, teachers, and parents, aimed at providing the necessary support for the student. Eligibility for an IEP covers a wide range of conditions, from intellectual and emotional challenges to learning disabilities, including depression.
For a student experiencing depression, an IEP might involve accommodations that include, but are not necessarily limited to:
- Flexible attendance
- Extended times on exams and assignments
- Note-taking support
- Modified deadlines
- Academic tutoring
- Counseling services
- Coordination between educators and health service providers on the student’s needs
Note that IEPs are only required for public and charter schools at the K-12 school level. Private schools are not legally required to provide an IEP, and while colleges have the option of continuing a student’s IEP from high school, they aren’t required to do so (although they must provide other accommodations under the ADA).
Free Appropriate Public Education (FAPE) for Students with Depression
Under the guidelines established by Section 504 and the Individuals with Disabilities Education Act (IDEA), every student with a disability is entitled to access the same quality of public education as their non-disabled peers. This requires that educational institutions receiving federal support provide a Free Appropriate Public Education (FAPE) to all students with recognized disabilities. This mandate includes students diagnosed with depression. The directive encompasses all federally funded schools offering free education, spanning public and charter K-12 schools. (Since most colleges and universities do not offer free education, FAPE requirements do not apply to them.)
The specific execution of FAPE for students with depression depends on a range of factors, such as the student’s individual needs and the severity of their depression, alongside the policies of their respective school district. The core principle of FAPE is to educate students with disabilities in regular classrooms alongside their non-disabled peers to the greatest extent appropriate, supplemented by any necessary special education services to guarantee equitable access to the educational offerings. It is important to note that FAPE aims to ensure access rather than to guarantee the highest possible level of service or to meet every service preference of the student with disabilities.
ADA Reasonable Accommodations for College Students with Depression
The Americans with Disabilities Act (ADA) compels colleges and universities to provide “reasonable accommodations” for students with disabilities, including those with depression. Students seeking such accommodations can present documentation or a diagnosis to their school and request adjustments considered necessary for their circumstances. Although a high school IEP is not directly applicable at the college level, it can be used as evidence to support the request for accommodations and serve as a guideline for identifying suitable supports. Many higher education institutions have specialized departments dedicated to assisting students with disabilities.
“Reasonable accommodations” under the ADA for students with depression might include modifications to course syllabi, granting extra time for assignments and exams, offering access to “quiet spaces” when needed to mitigate sensory overload, academic tutoring and support, etc. In severe cases where a student might need time for treatment and recovery, the school may offer a leave of absence without penalty and a guaranteed re-acceptance when the student returns.
Addressing the Challenge When Schools Do Not Accommodate Depression
Unfortunately, there are instances where students facing depression encounter difficulties in obtaining the accommodations they need from their schools. This may manifest in several ways, including:
- A failure on the part of the school to recognize or validate the student’s disability;
- Inadequate provision of accommodations that meet the student’s needs; or
- A complete lack of provided accommodations.
In these situations, it is vital for both students and their families to be fully aware of their rights under the law and to diligently follow the school’s procedures for resolving such issues. Should attempts to work collaboratively with the school not yield results, seeking advice from an education law attorney with experience in disability accommodation disputes becomes a necessary step.
How the LLF National Law Firm’s Education Law Team Can Help
Every student deserves an educational experience that fosters both academic and personal growth. This includes students with diagnosed disabilities like depression. The requirement of K-12 schools and colleges to accommodate these disabilities is key to ensuring no student is denied equal access to education because of a disability.
That being said, obtaining these accommodations can be easier said than done. The legal complexities and “red tape” involved in getting a school to comply with the law can be overwhelming for any family seeking accommodations for a student living with depression. The stakes are simply too high to attempt to navigate this process alone.
The Education Law Team has nationwide experience in advocating for the rights of students with depression, working diligently with educational institutions nationwide to ensure our clients receive the accommodations they rightfully deserve. Our mission is to smooth the path toward academic achievement and a promising future for each student we represent. If you or someone you care about is struggling to secure necessary accommodations for a disability, call the LLF National Law Firm at 888-535-3686 or submit our confidential online form.