emotional - nysba
TRANSCRIPT
mental
< 40% of children with mental health needs are receiving any type of mental health services
in school or out
70-80% of mental health services for children are delivered in school
Least Restrictive Environment
children who are not disabled
only when the nature or severity of the disability
20 U.S.C. § 1412(a)(5)(A)
Emotional disturbance
over a long period of timemarked degree that
adversely affects a child's educational performance
Inability to learn
maintain satisfactory interpersonal relationships
Inappropriate behavior or feelings under normal circumstances.
unhappiness or depression
physical symptoms or fears
504 (Accommodation) Plans
substantially limits one or more major life activitieshave a record
regarded as
Section 504 of the Rehabilitation Act of 1973
Individual Inquiry
or any mental or psychological disorderemotional or mental illness
34 C.F.R. § 104.3(j)(2)(i)
Major life activities
34 C.F.R. § 104.3(j)(2)(ii)
LEA may not require a student to obtain a prescription for a drug or other substance identified as a condition for obtaining an evaluation or of receiving services.
8 NYCRR 200.4
Teenagers. . . can be a wild and unruly bunch. Adolescence is, almost by definition, a time of social maladjustment for many people . . . . Any definition that equates simple bad behavior with serious emotional disturbance would exponentially enlarge the burden IDEA places on LEAs. Among other things, such a definition would require the schools to dispense criminal justice rather than special education.
Springer v. Fairfax Co. Sch. Bd., 124 F.3d 659, 664 (4th Cir. 1998)
Omidian v. Bd. of Educ., 2009 U.S. Dist. LEXIS 19016; 2009 WL 890625 (6:05‐CV‐0398 (N.D.N.Y. 5/31/09))
similarity of individual needs
Considerations:
‐ Range of academic or educational achievement‐ Learning characteristics‐ Social development‐ Physical development‐ Management needs
J.P. v. N.Y. City Dep’t of Educ., 2012 U.S. Dist. LEXIS 12762; 2012 WL 35997, CV 10‐2078 (E.D.N.Y. Feb . 2, 2012)
Advocacy Tips:
Consult experts regularly and consistently
Cooperate with and remain in contact with Parent/School District in writing and in person
reasonable suggestions considered and discussed at school and reviewed with treating medical and mental health providers
What is least restrictive?
Do the continuum analysis
What interventions can keep the student in an environment with positive role models, structure and control?
Is the setting safe?