Are students with emotional issues and/or mental illness eligible for special education?
- Yes, special education applies to student with emotional disabilities. Students with emotional disabilities may require specially designed instruction to meet their unique needs and to enable them to access the general curriculum of the school district.
- In addition, special education for students with emotional disabilities may require out-of-district placement in therapeutic day schools or therapeutic residential/boarding schools that are paid for by the local public school district.
Can emotional issues and/or mental illness fall under special education law?
- Yes, emotional issues and/or mental illness can fall under special education. Unfortunately, many people are unaware that emotional issues and mental illness fall under special education law because of confusion and misperceptions regarding labels and intelligence.
- Many children and adolescents have emotional disabilities and mental health issues that interfere with their lives. These issues may present in school and/or in the home. Students with emotional issues may qualify for special education if their disability negatively impacts their education.
- Public school districts have an obligation to seek out, identify, and evaluate students who have emotional disabilities, or are suspected of having emotional disabilities, and need special education as a result. This must be done within a timely manner within a reasonable amount of time after the public school district notices or suspects a disability.
- Public school districts should not ignore students with emotional issues and mental illnesses and blame the condition on them or their parents. Also, if these children are found eligible under special education law, public school districts must provide an appropriate individualized education program (IEP). It may be necessary for public school districts to meet these students’ unique needs by placing them in an out-of-district placement and paying for it.
- Under certain circumstances, and under special education law, parents may be entitled to tuition reimbursement if they place their child in a private school (often referred to as a unilateral placement) and bring a case against their public school district.
