Question concerning IDEA law (medication, evaluation, therapy, child)

[GrainOfSalt]

Hi I have a question and was hoping somebody here might be familiar.

When a child qualifies for special ed (primary disability: emotional disturbance), under the IDEA laws is the child also entitled to psychological and counseling services that are paid for by the school?

Thanks in advance to anyone who might know.

[nana053]

Originally Posted by GrainOfSalt

Hi I have a question and was hoping somebody here might be familiar.

When a child qualifies for special ed (primary disability: emotional disturbance), under the IDEA laws is the child also entitled to psychological and counseling services that are paid for by the school?

Thanks in advance to anyone who might know.

I don't have a specific answer, though I think they might qualify. In general though they would qualify for counseling by the school psychologist, not for a privately paid therapist.

Try Wrightslaw. I think you can email questions like this to Pam and Pete Wright.

Wrightslaw Special Education Law and Advocacy

[gramirez2012]

Originally Posted by GrainOfSalt

When a child qualifies for special ed (primary disability: emotional disturbance), under the IDEA laws is the child also entitled to psychological and counseling services that are paid for by the school?

As far as I know, Yes. Although it may vary from state to state.

[Aconite]

Psychiatric counseling is generally considered "medical" and not covered. Speech, behavioral, occupational and physical therapies are covered routinely. Counseling by the guidance office is covered.
It's a fine line, because what is considered medically necessary and scholastically necessary overlap in some areas and don't in others. It varies from child to child, and I assume you really don't want to be telling all your business in an internet forum. You can try it. Be prepared to be turned down unless your ducks are lined up outstandingly.

[GrainOfSalt]

Thanks for the responses.

The child in question has had a private therapist and a psychiatrist for medication management for several months. The private therapist currently does all the counseling.

For the longest time I couldn't figure out why go with private therapy because the school also offered services and did several evaluations including psychiatric. There was a PPT yesterday and the private therapist recommended outplacement at a private school. The problem is the private school is not certified for special ed, so it was turned down.

Wouldn't ANY decent therapist know this wouldn't fly?? The school has offered alternative placement at a school that is certified, but the mom (who I am related to by marriage) doesn't want that school. I can't figure out why because his disability status includes "related services" so imo other important things would be covered, and at the certified school there are professionals on the premises at all times.

So, I wasn't wondering if the school would pay for private therapy, I was wondering if they would provide similar for free. From what I've been reading they do. Unfortunately since the PPT I think the private therapist was hired for a specific reason, and not because the child couldn't get other adequate services for free under the law.

[Skatergirl]

Originally Posted by GrainOfSalt

Hi I have a question and was hoping somebody here might be familiar.

When a child qualifies for special ed (primary disability: emotional disturbance), under the IDEA laws is the child also entitled to psychological and counseling services that are paid for by the school?

Thanks in advance to anyone who might know.

I believe it would be deemed an, "IEP Team decision" if the child needed that resource. But, remember, YOU are a part of that team. If the school denies your request, they have to put it in writing WHY they believe your child does NOT need those services. You'll need to go into that meeting very well prepared!!

[TabulaRasa]

Whether or not it is necessary to perform such evaluations is definitely an IEP team decision (i.e. in part, YOUR decision, as the above post notes). The IEP team can request that various evaluations be performed, but, at least in my state, the school does not have to fund private psychiatric evaluations beyond the scope of the school psychologist's administration, etc. The school psychologist is able to administer/oversee the administration of various evaluations, and those are the ones the district would provide. Additional evaluations would certainly be noted in the student's file and IEP, but would not necessarily be funded by the district.

There are definitely families who will go the private route by choice even if free evaluation services are available to them via the district. It's a personal choice that, for various reasons, people sometimes make. But it's not a given that the school will fund those preferences.