Mental Health Services, Free Appropriate Public Education, and Students With Disabilities: Legal Considerations in Identifying, Evaluating, and Providing Services

2017 ◽  
Vol 20 (2) ◽  
pp. 67-77 ◽  
Author(s):  
Mitchell Yell ◽  
Carl Smith ◽  
Antonis Katsiyannis ◽  
Mickey Losinski

In the past few years, the provision of mental health services in public schools has received considerable attention. When students with disabilities are eligible for special education and related services under the Individuals With Disabilities Education Act (IDEA), mental health services are required if such services are needed to provide students with a free appropriate public education (FAPE). That is, when a student’s individualized education program (IEP) team determines that he or she needs mental health services to receive a FAPE, a school district is required to provide these services. Our purpose is to discuss when school district personnel should identify, evaluate, and serve students with disabilities who may have mental health needs.

2017 ◽  
Vol 53 (5) ◽  
pp. 321-324 ◽  
Author(s):  
Angela M. T. Prince ◽  
Mitchell L. Yell ◽  
Antonis Katsiyannis

On March 22, 2017, the U.S. Supreme Court announced its decision in Endrew F. v. Douglas County School District. This case addressed the question how much educational benefit are public schools required to provide to students with disabilities under the Individuals With Disabilities Education Act (IDEA) to confer a free appropriate public education (FAPE). The purpose of this legal update is to provide a brief overview of court developments regarding FAPE, summarize Endrew, and provide implications for practice.


2021 ◽  
pp. 933
Author(s):  
Claire Raj

Children with disabilities are among the most vulnerable students in public schools. They are the most likely to be bullied, harassed, restrained, or segregated. For these and other reasons, they also have the poorest academic outcomes. Overcoming these challenges requires full use of the laws enacted to protect these students’ affirmative right to equal access and an environment free from discrimination. Yet, courts routinely deny their access to two such laws—the Americans with Disabilities Act (ADA) and section 504 of the Rehabilitation Act of 1973 (section 504). Courts too often overlook the affirmative obligations contained in these two disability rights laws and instead assume that students with disabilities’ only legal recourse is the Individuals with Disabilities Education Act (IDEA). Regrettably the IDEA is not capable of remedying all the harms students endure. In fact, the IDEA, by its terms, extends to only a subset of students with disabilities. Even so, courts force all students to exhaust the IDEA’s administrative procedures before invoking remedies under the other two disability rights laws. By narrowly construing antidiscrimination principles and ignoring the affirmative obligations contained in disability rights laws, courts unduly restrict students’ protections under these laws. This Article solves that problem by explaining and clarifying the nuance that drives confusion in this area: the difference between the IDEA’s guarantee of a free appropriate public education and the ADA and section 504’s guarantee of equal access to public education. With that distinction clear, this Article disaggregates the types of claims that are most often erroneously obstructed by the IDEA’s exhaustion clause and then creates a framework that would allow courts to analyze and correctly apply the exhaustion clause. In doing so, it hopes to remove these laws from the IDEA’s shadow and renew their promise of equal access to educational opportunity.


2018 ◽  
Vol 64 (5) ◽  
pp. 323-328 ◽  
Author(s):  
Philip Jacobs ◽  
Alain Lesage

Objective: To measure the provincial government cost of mental health–related activities for youth ages 12 to 17 in Alberta in 2014 to 2015. Methods: The target population was Alberta youth ages 12 to 17 (the federal justice definition) who received or were funded for mental health–related or complementary services from Alberta Health Services, Alberta Health, Alberta Human Services, Alberta Justice and Solicitor General, and Alberta Education (public schools). Data on services and expenditures were obtained from each source for the target youth population. Results: Costs for mental health–related services for all ministries were $175 million for 27,169 youth who used mental health services as defined by Policy Wise, $6460 per youth. Public school special education supplements for youth with emotional problems was the largest group, amounting to 30% of all costs. Other prominent sources of expenditures were hospital inpatient mental health services (18%), community mental health services (11%), physician mental health services (10%), and secure services with treatment requiring judicial approval (9%). Conclusion: Economists in several countries have developed countrywide measures of mental health expenditures and have used these to generate national benchmarks for mental health spending. We have estimated spending for Alberta provincial mental health and addiction services for a distinct and highly vulnerable group. This measure can be used to develop measures and benchmarks for other provinces, which will be valuable policy indicators.


Laws ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 38
Author(s):  
Michael Rozalski ◽  
Mitchell L. Yell ◽  
Jacob Warner

In 1975, the Education for All Handicapped Children Act (renamed the Individuals with Disabilities Education Act in 1990) established the essential obligation of special education law, which is to develop a student’s individualized special education program that enables them to receive a free appropriate public education (FAPE). FAPE was defined in the federal law as special education and related services that: (a) are provided at public expense, (b) meet the standards of the state education agency, (c) include preschool, elementary, or secondary education, and (d) are provided in conformity with a student’s individualized education program (IEP). Thus, the IEP is the blueprint of an individual student’s FAPE. The importance of FAPE has been shown in the number of disputes that have arisen over the issue. In fact 85% to 90% of all special education litigation involves disagreements over the FAPE that students receive. FAPE issues boil down to the process and content of a student’s IEP. In this article, we differentiate procedural (process) and substantive (content) violations and provide specific guidance on how to avoid both process and content errors when drafting and implementing students’ IEPs.


2011 ◽  
Vol 81 (4) ◽  
pp. 185-193 ◽  
Author(s):  
Heather J. Walter ◽  
Karen Gouze ◽  
Colleen Cicchetti ◽  
Richard Arend ◽  
Tara Mehta ◽  
...  

2021 ◽  
Vol 11 (12) ◽  
pp. 767
Author(s):  
Joseph Calvin Gagnon ◽  
Amanda Ross Benedick

COVID-19 has engendered serious challenges with the provision of special education services for youth and young adults incarcerated in U.S. adult correctional facilities. This article describes the recent lawsuit, Charles H. et al. v. District of Columbia et al., which focused on the lack of a free and appropriate public education (FAPE) at the Inspiring Youth Program (IYP) school in the Washington DC jail during the pandemic. Following a brief review of relevant components of the Individuals with Disabilities Education Act (2006) regulations, we describe the three areas in which there were violations to the provision of IDEA and FAPE, as well as the harm incurred. Specifically, we discuss the lack of: (a) instruction and monitoring of youth academic progress; (b) related services (i.e., behavioral interventions and supports, counseling); and (c) DC public schools Office of the State Superintendent of Education (OSSE) supervision and oversight. Finally, we provide a discussion of the need for compensatory education to remediate harm.


Author(s):  
Syed Usman Hamdani ◽  
Zill-e- Huma ◽  
Nadia Suleman ◽  
Azza Warraitch ◽  
Naila Muzzafar ◽  
...  

Abstract Background Ninety percent of children with mental health problems live in low or middle-income countries (LMICs). School-based programs offer opportunities for early identification and intervention, however implementation requires cross-sector collaboration to assure sustainable delivery of quality training, ongoing supervision, and outcomes monitoring at scale. In Pakistan, 35% of school-aged children are reported to have emotional and behavioral problems. As in many other LMICs, the government agencies who must work together to mount school-based programs have limited resources and a limited history of collaboration. The “Theory of Change” (ToC) process offers a way for new partners to efficiently develop mutual goals and long-term prospects for sustainable collaboration. Objective Develop a model for scale-up of school based mental health services in public schools of Pakistan. Methods We used ToC workshops to develop an empirically supported, ‘hypothesized pathway’ for the implementation of WHO’s School Mental Health Program in the public schools of rural Pakistan. Three workshops included 90 stakeholders such as policy makers from education and health departments, mental health specialists, researchers, head teachers, teachers and other community stakeholders including non-governmental organizations. Results The ToC process linked implementers, organizations, providers and consumers of school mental health services to develop common goals and relate them (improved child socioemotional wellbeing, grades and participation in activities) to interventions (training, monitoring and supervision of teachers; collaboration with parents, teachers and primary health care facilities and schools). Key testable assumptions developed in the process included buy-in from health care providers, education officials and professionals, community-based organizations and families. For example, teachers needed skills for managing children’s problems, but their motivation might come from seeking improved school performance and working conditions. Poverty, stigma and lack of child mental health literacy among teachers, administration, and parents were identified as key hypothesized barriers. Children and their families were identified as key stakeholders to make such a program successful. Discussion ToC workshops assisted in team building and served as a stakeholders’ engagement tool. They helped to develop and support testable hypotheses about the structures, collaborations, and knowledge most important to scaling-up school based mental health services in Pakistan.


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