I’m reaching out on behalf of a friend and was hoping to get your guidance regarding an IEP accommodation for a high school student with autism, severe anxiety, and OCD.

With New Jersey’s bell-to-bell cellphone restrictions, the parent is concerned about how to appropriately address her daughter’s need to access her cellphone during the school day. Over the past few years, her daughter has relied on her phone as a support when her anxiety becomes too difficult for her to manage independently. For example, she may text her parents, psychiatrist, or school counselor when she is feeling overwhelmed. At times, she also uses her phone to write down her thoughts when she is unable or uncomfortable expressing them verbally.

She is currently in a gen ed setting with RTI support and does not have a one-to-one aide. Access to her phone has served as a way for her to communicate when she is struggling and needs additional support.

Her psychiatrist has provided a letter documenting that access to her cellphone is a necessary accommodation related to her disability and mental health needs.

I was wondering how you would recommend addressing this in her IEP. How would you word the accommodation, and which sections of the IEP would you recommend including it in? 

I don’t believe she currently has a BIP in place. Mom is hesitant to pursue one because she is concerned that it could cause others to view or label her daughter negatively. I don’t necessarily share that concern, but I also don’t want to overstep, as that is ultimately her decision.

I would really appreciate your thoughts on how you would approach incorporating appropriate cellphone access into her IEP, particularly given the psychiatrist’s documentation, her current educational setting, and her established use of the phone to manage and communicate her disability related needs. Any suggested language or recommendations regarding where and how this should be documented in the IEP would be greatly appreciated.

If you have addressed this topic previously, I apologize for the repeat question. I may have missed it and would be grateful for any guidance or resources you have already shared.

Thank you so much for your time and guidance. I really appreciate it.

Have a great weekend! 

I'm glad you brought this up, because as many districts across the country implement these bans, this is coming up often.

Yes. And actually, NJ’s new bell-to-bell cell phone rules specifically account for situations like this.

The NJDOE guidance says districts must allow exceptions when cellphone/device use is necessary to implement an IEP or 504 Plan or address documented health needs. It even gives examples that include managing anxiety through an app or communicating with a caregiver as part of a student’s plan.

So I would not approach this as, “Can Mom please get an exception to the cellphone rule?”

I would approach it as: “My child has a documented disability-related need. How are we going to address that need in the IEP?”

And I would not write an accommodation that just says “student may use cellphone as needed.” That's too vague and leaves way too much room for interpretation. You know how I feel about vague IEP language. It rarely gets less vague once everyone leaves the meeting.

I'd want the team to define the purpose, circumstances and access.

Something along these lines:

“Student will have access to her personal cellphone when experiencing increased anxiety, emotional dysregulation, or difficulty communicating her needs verbally. She may use the device to communicate with designated support persons, including parent/caregiver and identified school personnel, and/or to type or record thoughts when verbal communication is difficult. Access will be provided without disciplinary consequence when used for these disability-related purposes.”

Obviously that needs to be individualized. I would also discuss where the phone will be kept, whether she can access it herself, whether she has to ask first, and what happens if she's too dysregulated to verbally ask for it.

Because an accommodation she cannot access when she actually needs it isn't much of an accommodation.

I'd put this in the accommodations/supplementary aids and services portion of the IEP. NJ specifically describes that section as the place for individualized supports a student needs.

I'd also make sure her Present Levels describe the actual need: what happens when anxiety/OCD symptoms escalate, how they affect her at school, difficulty communicating verbally during those times, how she currently communicates, and what has been effective. The psychiatrist's letter should be provided to the team and considered as part of that discussion.

I would also want a backup plan. What happens if the phone is dead? Lost? There's no service? Mom doesn't answer? The psychiatrist certainly isn't available on demand all day. The IEP should not accidentally turn the cellphone (or Mom) into the student's entire mental health support plan.

The cellphone is an accommodation. It isn't necessarily the intervention.

If this student regularly becomes so overwhelmed during the school day that she needs outside help to regulate or communicate, I would want the team looking at that need more broadly. Does she need counseling? A designated safe person? Breaks? A quiet location? Explicit instruction in self-advocacy or regulation strategies? A way to communicate “I need help” without speaking?

As far as the BIP....I wouldn't automatically jump to “she needs a BIP because she needs her phone.” A BIP should be driven by identified behavioral needs and data, not used as a permission slip for an accommodation.

And I definitely wouldn't avoid an FBA/BIP solely because we're worried about a “label.” If behavior is interfering with accessing education, then we look at the behavior, figure out its function and determine what supports are needed. But that's a separate discussion from whether she can have disability-related access to her phone.

One other thing jumped out at me: you said she's in gen ed with RTI support, but you're asking how to put this in her IEP. If she actually has an IEP, fine. If she is only receiving RTI/NJTSS and does not have an IEP, that's different. RTI by itself is not an IEP. Depending on her needs and eligibility, the family may need to be discussing a 504 evaluation or special education evaluation rather than simply asking RTI staff to add an accommodation.

But assuming she already has an IEP, I would absolutely bring the psychiatrist's documentation to the team, ask that the disability-related need be documented, and request specific cellphone access in the accommodations.

NJ's own guidance recognizes IEP/504 and documented health exceptions to the bell-to-bell rule. So this isn't asking the school to ignore the new policy.

It's asking them to implement the exceptions that are already built into it.