All children should receive a quality education. Special education is a strategy for ensuring that children with disabilities receive such an education. When the Individuals with Disabilities Education Act (IDEA) became law, its purpose was to give students with disabilities extra help – through specialized instruction and “related services” – to enable them to participate and learn on an equal basis with other students.
In many communities and for many children, special education has served this purpose. However, too often, special education has resulted in low expectations, poor achievement, and the segregation of students with disabilities, including students with mental health needs. In many places, special education has become a separate and unequal education.
The Bazelon Center works to ensure that students with mental health needs receiving special education get a quality education, can attend the same schools as their neighbors, be accepted by their peers, and are supported to fully participate in school activities. We also work to ensure that students get access to specialized instruction and services when needed, often through Individualized Education Programs (IEP’s) that are designed to meet students’ needs through the collaboration of parents and schools.
Disciplinary practices should support a positive school climate, but also provide accommodations for students with emotional disorders. When a student with an IEP is disciplined, including suspension or expulsion, the school must determine whether the misconduct is related to the student’s disability. If it is, the school must perform a behavior assessment and develop a behavior plan, with appropriate services, for the child. If the student is suspended for more than 10 days or expelled, or sent to an alternative placement (permitted if the misconduct involves weapons, drugs, or serious bodily injury), the school must continue to provide the instruction and services identified in the IEP.
Students with mental disorders often need special help. IDEA, when properly implemented, allows children to thrive in school.