RIGHTS FOR STUDENTSÂ
WITH MENTAL HEALTH CONDITIONS
THE CHILD FIND OBLIGATION
Under federal law, school districts have a "Child Find" obligation to identify and evaluate all children with disabilities, regardless of their severity. Mental health conditions like anxiety, depression, ADHD and autism can qualify a student for special education services when they adversely affect a child's educational performance. If a student's disability is hurting their education, good grades don't exclude students from special education.
GETTING THE RIGHT SUPPORTS
Identified students have the right to receive the services necessary to learn. Parents and education professionals develop an "Individualized Education Program" that provides the right combination of supports and interventions, including those addressing behavioral, emotional and social difficulties.
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Importantly, just because a student needs additional behavioral and emotional help, it doesn't mean that they have to move out of their classroom or school. The law requires schools to educate students with this peers to maximum extent appropriate.
BEHAVIORAL AND EMOTIONAL SUPPORT
For students with behaviors that interfere with their learning, or the learning of others, the law requires that the school provide them with a Positive Behavioral Support Plan that includes research based practices and techniques. If staff training or additional personnel are required, the school must provide them free of charge.
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For students with emotional difficulties, the school must provide appropriate accommodations and interventions for the child to succeed, even if means smaller class sizes and therapy in the school setting.
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DISCIPLINARY PROTECTIONS
When students with disabilities do violate school rules, the law offers substantial protections against expulsion or lengthy suspensions. In most cases, schools can not move students with mental health conditions for disciplinary reasons if the behavior in question was caused by or related to their disability.
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If a parent disagrees with the school's determination that a behavior was not related to the student's disability, the parent can challenge the school's decision before a neutral hearing officer. While the decision is being reviewed, the student remains in the last agreed upon educational setting.