Individuals with Disabilities Education Act: Mental Health Services

1. Individuals with Disabilities Education Act: Mental Health Services Damon Lovato, Lea Messina and Diego Sologuren SPE/513 7/10/2010

2. What is IDEA? • Formerly the Education for All Handicapped Children was amended to become IDEA in 1990. • Amended twice in 1997 & 2004. • States that each child promised a “free and appropriate education” ( Hallahan, D., & Kauffman, J., 2006, p. 27-28) • Developments of Individualized Educational Plan (IEP) and Least Restrictive Environment (LRE)

3. Mental Health Services in California • Of children who are eligible for mental health services, ½ receive them exclusively through a public school. • Public schools in California are trying to shift the responsibility of providing services to other state agencies. • California is lacking an effective system to deliver mental health services to qualifying students and those students are more at a substantial risk of dropping out, not finding work, and being arrested. • Estimates are 864,000 children in California are diagnosed as seriously emotionally disturbed. • Children of color, non-English speaking, and low-income families are least likely to receive any services at all.

4. Mental Health Services Provided in California • The “System of Care” concept: • Eligibility based on a child’s participation in a special education program • Focus on the family, rather than just the child • Emphasize strengths of child and family • Views parents as partners in treating the child • Focus on long-term outcomes with no ejection or rejection policy • Services are delivered collaboratively with all agencies • The “Wraparound” concept” • Eligibility is based on students with serious emotional disturbances that are at risk or are already in out-of-home placement • Provides services to eligible children instead of them going to group home care • Focus on the family and supports (church, extended family) • Flexible funding • Outcomes measured by more than one source • Services can include support groups for parents, community activities, and a student study team

5. Litigation in Mental Health • Litigation against the state government has been used as a strategy to make sure that all services needed by a child are been provided. • The litigation process is designed to enforce the legal rights of children by applying IDEA policies. • School districts have a duty to make efforts to include students with disabilities in regular classroom settings and to provide necessary supplementary aids and services to make these settings effective. • The legal mandate for the LRE and the use of supplementary aids and services first appeared in the federal regulations adopted to enforce legislation to ensure nondiscrimination on the basis of disability, known as Section 504 of the Rehabilitation Act of 1973 (34 C.F.R. [sections] 104.34)

6. Legislation Benefitting Mental Health Services • Education for All Handicapped Children Act- Federal law passed in 1975 and later amended • Individuals with Disabilities Education Act- Ensures all children and youth a free and appropriate public education ( Hallahan, D., & Kauffman, J., 2006, p. 27-28) • Americans with Disabilities Act- Equal opportunities for those with disabilities • No Child Left Behind- Improve performance in school including those with disabilities

7. Recap • Gain an understanding of what is IDEA • IDEA and mental health services • Positives and Negatives • Litigation and introduction of LRE • IDEA and types of legislation in regard to mental health services

8. References Disability Rights Education Defense Fund, Inc.  October 1, 2006.  Mental Health Services for Children with Disabilities: the Story in California.  Retrieved fromhttp://www.dredf.org/publications/ca_endowment.shtml.   Etscheidt, Susan; Bartlett, Larry (1999) The IDEA Amendment: A four step approach for determining supplementary Aids and Services. Retrieved on July 9, 2010, from :HYPERLINK "http://www.accessmylibrary.com/article-1G1-53601063/idea-amendments-four-step.html" http://www.accessmylibrary.com article-1G1-53601063/idea-amendments-four-step.html  Hallahan, D., & Kauffman, J. (2006). Exceptional learners: An introduction to special education (10th ed.). Boston: Allyn & Bacon.