What we know about sensory processing disorders (SPD) is far less than what we don't know. No formal definition of SPD exists, which means there's no standard diagnosis procedure. For students with SPD, this can translate into having trouble accessing the services and support they need to succeed in school.
SPD can also be a symptom or characteristic of other disabilities or disorders, such as ADHD or autism. If a student has SPD alone, proper diagnosis and accommodations can be difficult to obtain because they may not fit or have the characteristics of other qualifying disabilities. Students and families may have an uphill battle in explaining SPD and how it can be a disability in and of itself that affects school performance.
Students with SPD need support just as much as students with better-understood and better-researched disabilities. Research and studies on a disability are still in the earlier stages, but this doesn't lessen a student's need for support here and now.
The Education Law Team at the Lento Law Firm works nationwide with students in grad school to toddlers who need early intervention services. We appreciate that each disability is unique and that the focus should be on supporting the student, not labeling them by their disability. Contact us at 888-535-3686 or by using this form.
What is a Sensory Processing Disorder?
For students with SPD, one of the challenges is how much isn't known about the disorder. Given that there's no formal medical definition, students and families may face schools that don't consider it a disability or believe that a student requires accommodations.
Also known as sensory integration disorder, SPD refers to the senses failing to respond appropriately to the outside world. The existence of sensory challenges is established, but the debate stems from whether they are a disorder in their own right. Individuals with autism, for example, frequently have sensory issues. SPD is also different from those with a diagnosed vision or hearing impairment.
SPD also differs from sensory processing sensitivity, which refers to those who are highly sensitive to physical sensations. SPD refers to individuals whose senses don't properly process environmental inputs, either via vision, hearing, touch, taste, or smell.
One theory about SPD is that it stems from a malfunction in the nervous system and has a genetic basis. One example given is that a person with SPF will perceive lights as being too bright.
Some research indicates that those with SPD may have fewer sensory issues as they age and that children with SPD see a lessening of symptoms as they mature. That some people have a lessening of symptoms doesn't mean adults don't require accommodations or that less severe symptoms mean they no longer require help and support.
Given how much is unknown and how SPD can be both a disorder and a characteristic of another disability, knowledge about SPD is constantly expanding. Even school staff that are familiar with SPD may not be current on research or fail to understand the nuances of the disorder.
SPD can affect any one of the senses, which means that accommodations and support can vary widely between individuals. Coupled with the lack of established protocol for diagnosing SPD, students and families face a potentially challenging road in securing needed accommodations. That doesn't, however, lessen a student's need for support.
SPD and Qualifying for Accommodations
Both Person A and Person B have SPD. Person A perceives noises as being much louder than they are. Person B has difficulty with touch or tactile sensations. While they have the same disorder, the support and accommodations they require are likely to be drastically difficult.
Person A's SPD not only differs from Person B's, but their auditory issues also differ from someone who has a hearing impairment. This means they need different accommodations despite also having a hearing-based issue. They may need earplugs or noise-canceling headphones.
For those with SPD, the challenges with accommodations are two-fold:
- Ensuring a school recognizes that SPD is a disability that can affect education
- Obtaining accommodations that are tailored to that student's specific manifestation of SPD
Students and families shouldn't have to prove or explain a disability. At the same time, schools don't have to provide accommodations based on requests. Whether a preschool or a graduate program, schools generally require assessments and documentation before they'll provide a student with accommodations.
For students with SPD, the challenge is that a lack of knowledge about the disorder can make it more difficult to know what documentation or evidence to provide. The lack of assessment criteria for SPD as a disorder in itself may result in a more difficult path to secure accommodations when compared to a better-known and studied disability, such as a vision impairment.
Occupational therapists and other medical personnel can help families diagnose and understand a disorder. College and university students may have to pay for these assessments out of pocket. While K-12 schools should evaluate and assess students, if a school doesn't believe a child has an eligible disability, they may refuse to assess a student.
In cases when a K-12 school fails to access a student, families may pursue dispute resolution options. These options include mediation and due process hearings, although families may have to pay for assessments and other evaluations to show that a student has an eligible disability.
Specific Accommodations
Even once a student qualifies as having a disability, the second challenge is ensuring a student has effective accommodations. SPD covers all five senses, and what works for one student with SPD may be entirely useless to another student with SPD.
This is why assessments and sufficient documentation are important for SPD. Schools have no obligation to provide accommodations based on requests, and evidence of a student's disability and how it affects their education is crucial.
Qualifying for accommodations for SPD is challenging, but it doesn't reduce a student's right to those accommodations. If anything, students with SPD, because so much is unknown about the disorder, face the added burdens of not having the research or knowledge to support them. The Education Law Team at the Lento Law Firm appreciates that a disability doesn't always fall neatly on a checklist, even as a student's need for support is equally important.
IDEA
Individuals with Disabilities Education Act (IDEA) applies to K-12 students. The law requires public schools to identify and evaluate all children who reside within a district's boundaries. A school must provide services to eligible children, regardless of whether they're enrolled.
To qualify for accommodations under IDEA, a child must:
- Have a qualifying disability
AND
- That disability must affect their education
Sensory Processing Disorders aren't one of the specific categories of eligible disabilities. A student may qualify under one of the other categories, such as:
- Specific Learning Disability, although IDEA specifically states that specific learning disabilities don't include those that are primarily the result of visual, hearing, or motor disabilities
- Other Health Impairment
- Autism, although sensory issues that fall under the autism category, are generally a subset of autism rather than a disability in and of themselves
- Multiple disabilities
While accommodations should be tailored to the individual child, the disability under which a student qualifies may affect what accommodations they receive. It's not enough to simply meet an eligibility category. Parents should ensure their child qualifies under the disability that best reflects their child's situation and reflects the support they need.
Assessments affect what accommodations a child receives. It's important that assessments are sufficient to ensure a student gets the most effective accommodations.
When a student qualifies under IDEA, schools must provide them with an Individualized Education Plan (IEP). An IEP is a legally binding document that lays out what services, support, and accommodations a student will receive. These accommodations must be reasonable, and they should reflect the whole student, not just the student's disability.
Section 504
For students who don't qualify under IDEA, they may qualify for support and accommodations under Section 504 of the Rehabilitation Act of 1973. This includes college students and covers not only the classroom but also all school activities.
Section 504 uses a broader definition of disability, which means students who don't qualify under IDEA may qualify under Section 504. This is also the primary law, along with the Americans with Disabilities Act (ADA), that college and university students use.
Both the ADA and Section 504 use the same definition of disability:
- A physical or mental impairment that substantially limits at least one major life activity, such as education
- A record of having a physical or mental impairment
Unlike IDEA, neither ADA nor Section 504 uses a closed list for qualifying disabilities. Section 504 extends to all students, and under Section 504, students can receive a 504 Plan.
A 504 Plan has fewer assessment requirements than an IEP but will still list accommodations and services for a student with a disability. Unlike IEPs, there's no written requirement for a 504 Plan. Students and families, however, should still request that a 504 Plan be in writing. Having the written document reduces confusion and is a form of evidence of what accommodations and services were agreed upon.
If a K-12 student doesn't qualify for support under IDEA, schools should automatically consider them for a 504 Plan.
Informal Agreements
If a student with sensory processing disorders doesn't meet the thresholds under either IDEA or Section 504, they or their parents may want to consider talking with teachers about accommodations. These accommodations are informal and not legally binding, but they're better than no accommodations.
Informal agreements can be beneficial while undergoing assessment and evaluation, or before a student's accommodations are in place. Again, these accommodations and agreements don't have any legal backing, meaning that a teacher has no requirement to provide or continue to provide them.
College and University Accommodations
While colleges and universities do have to follow federal and state laws, they have more flexibility in how students qualify for and receive accommodations. Unlike K-12 public schools, colleges and universities have no obligation to identify and assess students. Being at the undergraduate level and continuing through graduate school, students have the responsibility of informing their school about their disability and requesting accommodations.
Ideally, students with SPD should arrange to meet with a college or university before they enroll. Questions to ask may include:
- The school's procedure to qualify for accommodations, including any requirements for specific disabilities
- What documentation a school requires or recommends students with SPD provide
- The school's experience with providing accommodations to students with SPD, both inside and outside the classroom
UCLA's Center for Accessible Education, for example, has different procedures for undergraduate and graduate students. For undergraduate students, the university has general documentation requirements and guidelines for five categories of disability. Knowing how the school defines SPD can make the documentation process easier and potentially result in a student receiving accommodations more quickly.
While some individuals with SPD notice a lessening of symptoms as they age, that a student is over 18 and an adult doesn't mean SPD is no longer an issue for them. A college or university cannot decline to provide services because SPD resolves in some individuals or that symptoms have improved with age.
Protect Your Education
Scientists and medical professionals are still learning about SPD, specifically about how it manifests as a disorder in and of itself and not as a symptom of other disorders or medical conditions. For those who have SPD, this lack of knowledge can unfortunately translate to challenges when requesting accommodations for school.
That a disability or disorder is fully understood doesn't lessen a student's need for services and accommodations. The United States gives all individuals the right to participate fully in their community and prohibits disability-based discrimination. Students with SPD deserve not only recognition of their disorder but also the support they need to succeed in school.
SPD shouldn't limit a student's opportunities or future. A student shouldn't be deprived of opportunities because they suffer from SPD and need specialized support and accommodations.
The Education Law Team at the Lento Law Firm works with students and families nationwide to protect their right to an education. No student should be deprived of an education because of a disability, and we help students and families navigate the process of securing the accommodations and services they require.
If you or your child has been diagnosed with SPD, we can help you understand your options and navigate the process of securing accommodations and services. Contact us at 888-535-3686 or by using this form.
