Legislation and Policies Influencing School-Based OT Practice

Approximately what percentage of occupational therapists work in early intervention and public schools?

About 25% (24.89%), making it the largest OT practice setting.

What is the largest practice setting for OTs and second largest for OTAs?

school based OT

What is the primary occupation addressed by school-based occupational therapy?

Education.

How does the OTPF define education?

Activities needed for learning and participating in the educational environment

What activities are included in education as an occupation?

Academic, non-academic (e.g., sports, clubs, choir), and prevocational/vocational activities.

What other occupations are supported by school-based occupational therapy?

Self-care, leisure, play, health management, and social participation.

What are the major laws influencing school-based occupational therapy practice?

- IDEA 2004

- Section 504 of the Rehabilitation Act of 1973

and Title II of the Americans with Disabilities Act (ADA) of 1990

- Every Student Succeeds Act (ESSA) of 2015

- FERPA.

What does FAPE require?

Students with disabilities receive educational supports and services that appropriately meet their unique educational needs.

Does FAPE guarantee the best or most advanced educational services?

No. It guarantees an appropriate education, not the most advanced services or technology.

What is the Least Restrictive Environment (LRE)?

Students with disabilities should be educated with peers without disabilities to the maximum extent appropriate.

When can a student be removed from the general education classroom under LRE?

Only when the student cannot be satisfactorily educated in the general education setting, even with supplementary aids and services.

What educational philosophy is supported by the Least Restrictive Environment?

Inclusive education.

What are the 14 disability categories under IDEA Part B?

1. Autism

2. Deaf-blindness

3. Deafness

4. Developmental delay (DD)

5. Emotional disturbance (ED)

6. Hearing impairment

7. Intellectual disability

8. Multiple disabilities (MDS)

9. Orthopedic impairment

10. Other health impairment (OHI)

11. Specific learning disability (SLD)

12. Speech or language impairment

13. Traumatic brain injury (TBI)

14. Visual impairment, including blindness

What are related services under IDEA?

Supportive services required to help a child with a disability benefit from special education.

Is occupational therapy considered a related service under IDEA?

Yes.

Who can provide occupational therapy services under IDEA?

A qualified occupational therapist.

What are the three major functions of occupational therapy under IDEA?

- Improving, developing, or restoring functions impaired or lost through illness, injury, or deprivation

- Improving the ability to perform tasks for independent functioning if functions are impaired or lost

- Preventing, through early intervention, initial or further impairment or loss of function.

What is the purpose of IDEA Part A?

It establishes the legal and philosophical framework for IDEA.

What is the purpose of IDEA Part B?

Provides special education and related services for children ages 3-21.

What is the purpose of IDEA Part C?

Provides early intervention services for infants and toddlers from birth to age 3.

What is the purpose of IDEA Part D?

Supports research, personnel training, grants, and system improvement.

What is the purpose of Section 504?

To ensure students with disabilities have equal access to education through accommodations.

How does Section 504 define disability?

A physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment.

How does Section 504 differ from IDEA?

Section 504 provides accommodations for eligible students, while IDEA provides special education services through an Individualized Education Program (IEP).

Can a student qualify for a 504 Plan without qualifying for an IEP?

Yes.

Does having a 504 Plan make a student eligible for special education services?

No.

How can occupational therapy be provided under Section 504?

Directly to students or through consultation and support for teachers and school staff.

What is the Every Student Succeeds Act (ESSA)

This law endows states with the responsibility to develop and implement plans to create successful learning environments for all school students to succeed

What law did ESSA replace?

No Child Left Behind Act (NCLB).

What does ESSA expect school-based occupational therapists to do?

Participate in schoolwide initiatives, support MTSS and mental health services, provide consultation, and offer professional development.

What does SISP stand for under ESSA?

Specialized Instructional Support Personnel.

What does FERPA stand for?

Family Educational Rights and Privacy Act.

What is the purpose of FERPA?

To protect the privacy and confidentiality of students' educational records, including occupational therapy documentation.

What does FERPA require of occupational therapists working in schools?

Maintain confidentiality while collaborating within privacy guidelines.