MARCH2002

Are there any laws or regulations that support the development of community- based systems of care in school-based programs?

There are specific requirements under the Individuals with Disabilities Education Act (IDEA) of 1997 (Federal Register, 1999) that are of benefit to the development of community-based systems of care.

Section 300.244 Coordinated Services System allows a school system to use up to five percent of its federal dollars to develop and implement a coordinated services system designed to improve results for children and families. This includes developing and implementing interagency agreements for service coordination, case management, and linkages to other Federal and state programs such as Medicaid and supplemental security income and interagency financing strategies for the provision of education, health, mental health, and social services.

Section 300.235 Permissive Use of Funds allows nondisabled children to benefit and have access to services or programs that may have been designed for a regular class or education related setting, as long as the child with a disability receives the benefit. This has enabled school districts to utilize special education personnel in class wide or school wide behavioral and emotional support programs.

Section 300.306 Nonacademic Services requires that school systems take steps to provide nonacademic and extracurricular services such as counseling services, health services, and referrals to agencies.

Section 300.142 Methods of Ensuring Services requires each State to establish responsibility for services and other mechanisms for interagency coordination. The financial responsibility of each agency for providing services is defined. It clearly states that the financial responsibility of each noneducational public agency, including State Medicaid agency and other public insurers of children with disabilities, must precede the financial responsibility of the local education agency. This has allowed some states to develop a wide array of services that are Medicaid eligible and complement the school-based services.

Section 300.24 Related Service means supportive services that are required to assist a child with a disability to benefit from special education and includes psychological services, counseling services, school health services, social work services in schools, and parent counseling and training. Counseling services means services provided by qualified social workers, psychologists, guidance counselors or other qualified personnel. Parent counseling and training means assisting parents in understanding the special needs of their child and helping parents to acquire the necessary skills that will allow them to support the implementation of their child's IEP. Psychological services includes evaluations, assessments, interpreting results, providing information on behavior and learning, consulting with other staff, planning and managing a program of psychological services, and assisting in developing positive behavioral intervention strategies. Social work services includes preparing a social history, group and individual counseling with the child and family, connecting child and family to school and community resources, and assisting in developing positive behavioral intervention strategies.

These laws are a valuable resource for the creative development of school-based mental health services within a system of care.

Reference: Federal Register Part II, Department of Education, 34 CFR Parts 300 and 303, Assistance to States for the Education of Children with Disabilities and the Early Intervention Program for Infants and Toddlers with Disabilities; Final Regulations; March 12, 1999