Someone is fixating on a topic or event. When asked about it, they jokingly reply, “Oh, it’s because I have OCD.”
For those who have an Obsessive Compulsive Disorder (OCD) diagnosis, such comments undermine the severity of the disorder and how it affects the lives of people who have OCD. They may be told to relax or chill out out of a misunderstanding about OCD and what it is. This can result in a failure to support and assist individuals with OCD.
For students, this lack of understanding can mean unhealthy school environments and insufficient accommodations. Yet, with proper school accommodations, these students can thrive and succeed just as any other student.
That a student has OCD doesn’t lessen their right to an education or the benefits it provides. The Education Law Team at the LLF National Law Firm works with students and families nationwide to secure their right to an education free from discrimination Contact us at 888-535-3686 or with this form.
What is Obsessive-Compulsive Disorder?
OCD involves a series of unwanted thoughts and fears. Known as obsessions, these thoughts and fears lead to repetitive behaviors. These behaviors, known as compulsions, when combined with obsessions, interfere with daily life and can be a source of anxiety.
OCD manifests differently in each individual. It can often appear irrational or illogical from the outside. The disorder, however, follows an internal logic:
- Disturbance
- Response
- Uncertainty
- Resurgence
Individuals with OCD need outside treatment and support. School accommodations shouldn’t be considered a substitute for therapy. Rather, school accommodations should help support an individual with OCD and their treatment program.
To put it another way, think of someone who has a broken leg. They may require an elevator or ramp to help them move through their day. No one would suggest that the elevator or ramp replaces physical therapy or medical care to help the break heal. For students with OCD, the ramp and elevator are accommodations that allow them to move through their education.
Challenges in Diagnosis and Treatment
The World Health Organization has listed OCD as one of the ten most disabling diseases. Despite the significant impact it can have on a person’s daily life, less than 40 percent of specialized patients currently seek treatment. Improved treatment and understanding of OCD, however, have improved outcomes and quality of life for those who do seek treatment.
Two of the challenges with OCD are that it can be difficult to diagnose and treatment should be tailored to the individual. Treatment often doesn’t result in a cure but instead provides the tools and resources to allow individuals to manage the disorder and minimize the negative impact it has on their lives.
The challenges with diagnosing and treating OCD can affect a student’s educational performance, regardless of their ability and desire to succeed. A student who hasn’t been diagnosed with OCD isn’t likely to receive accommodations for OCD. A student who isn’t receiving effective, individualized treatment of their OCD from qualified healthcare professionals may struggle in school, even with accommodations.
OCD Onset and School Assessments
The majority of individuals with OCD begin showing symptoms between 7 and 12 years old. Eighty percent of those with OCD have onset by age 18. It’s important to keep in mind that these are averages. Children and teens may begin exhibiting symptoms earlier or later than others.
Regardless of a student’s age, a school cannot decline to provide accommodations or assessment because a student falls outside of the averages. For students who have yet to graduate from high school, their school or their local public school is legally required to identify and evaluate students for potential disabilities.
While IDEA and other special education programs focus on early intervention, any K-12 student can be referred for evaluation. The type of assessment may differ depending on a child’s age, but a school can’t refuse to assess a student because they’re first experiencing symptoms as a teenager.
In a similar vein, a school shouldn’t state they don’t need to evaluate a student or provide them with accommodations because that student is younger or older than the median age for OCD onset. If a school is refusing to provide assessments or accommodations, the Education Law Team at the LLF National Law Firm can help.
K-12 Assessment and Evaluation
All children in the United States have the right to a free, appropriate public education. For students with OCD and other disabilities, this includes the right to special education services. Public schools must provide accommodations and services free of charge to families.
The Individuals with Disabilities Education Act (IDEA) is the cornerstone law for K-12 disability rights. This law requires public schools to identify and assess any student with a disability. These evaluations must be sufficiently comprehensive. These assessments determine not only if a student is eligible for services but also what services a student receives.
To qualify for accommodations under IDEA, a student must have a qualifying disability and that disability must impact their education. Students who qualify under IDEA will get Individualized Education Plan (IEP). This written document lists the accommodations and services a student will receive from the school.
Children and teenagers don’t have to be enrolled in their local public school to receive services. Children homeschooled who are too young for school, homeschooled, or attend a private school also have the right to special education services from their local public school district.
For students who don’t qualify under IDEA, they may qualify for accommodations under Section 504 of the Rehabilitation Act of 1973. Section 504 uses a broader definition of disability, and students who are eligible under Section 504 will receive a 504 Plan.
Qualifying for Accommodations in College and Graduate School
Some individuals may not begin experiencing or manifesting OCD symptoms until they’re in college or graduate school. Other students may have a diagnosis but find it insufficient.
Once students graduate from high school, colleges and universities have no obligation to identify and assess students for potential disabilities. For individuals whose onset occurs after they begin college, they’ll have to assume the cost of any assessment.
While IDEA no longer applies, Section 504 does. The Americans with Disabilities Act (ADA) also prohibits discrimination on the basis of disability.
Students should check with their school’s disability services office to learn about what type of documentation the school requires for OCD. Schools often list documentation requirements for specific disabilities or have different requirements for different programs. Schools with both graduate and undergraduate programs may have different documentation requirements.
The CUNY Office of Disability Services lists general documentation requirements and additional information for certain disabilities. The school doesn’t explicitly mention OCD, which means students will need to contact the school to learn about what documentation they need to provide to get accommodations for their OCD.
Common Accommodations for OCD
Even when two students have the same disability or disorder, how it manifests can differ. While certain accommodations are frequently used, just because they’re common doesn’t mean they work best for every student. Individuals are more than their disabilities, and accommodations should ideally reflect the whole student.
Knowing about common OCD accommodations is a good starting point. Students and their families should also consider whether those accommodations are effective for them. Schools have a responsibility to provide reasonable accommodations, which means accommodations have to be effective, not the most effective, the most expensive, or the newest.
Whether at an IEP meeting or meeting with a college disability services office, students and families shouldn’t simply accept accommodations. They should ask questions and push for accommodations that are effective for a student’s specific manifestation of the disorder. Ineffective accommodations provide little benefit and may be as useful as no accommodations.
Common accommodations for OCD are frequently used for a reason. For the majority of students, these accommodations are beneficial to their education. Students and families should be aware of common types of accommodations for OCD before any school meetings.
Common OCD accommodations include:
- Extending assignment deadlines
- Extending time for exams
- Reducing workload
- Taking exams or completing assignments in separate classrooms to help reduce distraction
- Moving to a separate space should be entirely voluntary, and the student should be able to leave the space at any time
- If a student is forced to move to a different location or cannot leave that location when they want, this option becomes less of an accommodation and more akin to seclusion
- Having approval to copy class notes from the teacher or a classmate
- Having approved fidgets in the classroom
- Being allowed to provide assignments as oral presentations rather than as written essays
- Having breaks during the school day and an agreed-upon “safe place” within the school building
Parents and students should keep in mind that accommodations cannot fundamentally alter a program or class. For example, a student taking a writing class may not be able to substitute a verbal presentation for a written report or paper.
Continuity of Treatment
One other thing for students and parents to discuss with schools is how to ensure a student is receiving a similar level of support at home and school. While not traditional accommodations, ensuring that teachers and other school staff are helping to address the root causes of OCD is important.
One of the problems with OCD is that those who care about someone with OCD can inadvertently enable that individual’s OCD. One example given is a child with OCD who fears touching a doorknob. Wanting to help, parents open the door for the child. This well-meaning action, rather than helping their child, instead reinforces their child’s fear of doorknobs.
By acknowledging a fear and helping an individual with OCD to avoid it, others can actually reinforce that individual’s thoughts or concerns. A psychologist affiliated with the University of Florida Center for OCD, Anxiety, and Related Disorders highlights the three approaches to treating OCD:
- Avoidance
- Accommodation
- Approach
Avoidance means avoiding fear (not touching the doorknob). Accommodation, which is different from those provided in school, also feeds into an individual’s fear, even if it seems helpful. Using the doorknob example, accommodation means using gloves or a piece of fabric to open the doorknob while avoiding touching it.
The goal is approach, which, in the doorknob example, means touching the doorknob directly. The University of Florida uses exposure response prevention as the approach method.
Medical and psychiatric professionals who have training in OCD should administer and decide on the best treatment and therapies. These regimes are often beyond school-related accommodations. The purpose of school-related accommodations is to enable a student to benefit from their education, which can include supporting a student’s external therapy and treatment programs.
What does come into play is ensuring that a student has a continuity of care and support that doesn’t enable them. Especially for younger children and teenagers, parents should work with the school to ensure that accommodations include supporting a child’s therapy and avoiding enabling behaviors.
What is a Reasonable Accommodation?
The goal with accommodations is to put a student on similar, not identical footing as other students. Accommodations also cannot give a student an advantage over other students.
Schools or teachers may reject accommodations that they believe would give a student an advantage. If a school or instructor rejects an accommodation as conveying an unfair advantage, students and families should be prepared to show why this isn’t the case.
Schools may reject an accommodation as placing an undue burden on a member of the school community. They may also reject an accommodation because of the financial burden it places on the school.
In some situations, an instructor or school may decline a reasonable accommodation on the mistaken belief that it conveys an advantage to a student with OCD. School staff may be unwilling to discuss their reasons or may fail to provide evidence. They may suggest accommodations that aren’t effective or would place a burden on the student with OCD.
Schools should be able to explain their reasons for rejecting an accommodation. Students and families don’t have to simply accept whatever accommodation a school wants to provide, and the decision about accommodations should be a discussion and not a dictate.
If and when a school fails to provide reasonable accommodations, students and families should contact the Education Law Team at the LLF National Law Firm. Accommodations aren’t a luxury or a perk. For students with OCD, they’re a crucial and key part of their education.
The Right to an Education
That a student has OCD doesn’t mean they can’t succeed in school. They may simply require accommodations that support how they learn.
The difficulty in diagnosing OCD doesn’t reduce a school’s obligation to provide a student with accommodations. That OCD requires an individualized approach to support and treatment also doesn’t reduce a school’s responsibility. Students of all ages have the right to an education free from discrimination.
If you or your child has OCD and your school is failing to provide crucial accommodations, the Education Law Team at the LLF National Law Firm can help. We work with students and families nationwide, from preschool to graduate school, to protect their right to an education. Contact us at 888-535-3686 or by using this form.