Introduction The IDEA and Children with Mental or Emotional Disorders IDEA Identification Rates Inappropriateness of the Federal Definition An Alternative Definition Comparison of Definitions The Alternative Definition and Identification Rates Discussion Recommendations for Action Conclusion Notes Table 1: Number of children 6-21 served under part B, IDEA, compared with estimated number of children with mental disorders and functional Table 2: States' identification rates and modifications to the federal definition of emotional disturbance

Failing to Qualify:
The First Step to Failure in School?

The Individuals with Disabilities Education Act, IDEA, is supposed to ensure that all children with disabilities have access to an appropriate public education. However, schools may be barring that access for many children with mental and emotional disorders by using inadequate assessment rules. This February 2003 issue brief illustrates the need for federal policy changes to encourage earlier and more accurate identification of children with mental and emotional disorders under the IDEA.

The report is available in browser-friendly HTML (links appear in the table to the left) and printer-friendly PDF file formats. If you have not already done so, you will need to download the free Acrobat Reader to view the PDF file.

About This Issue Brief

© Judge David L. Bazelon Center for Mental Health Law, Washington D.C., January 2003. Reproduction of this issue brief all or in part is authorized for noncommercial advocacy or educational purposes with full attribution to the Bazelon Center for Mental Health Law.
The brief was written by policy director Chris Koyanagi with assistance by staff attorney Tammy Seltzer and student interns Ellen Lupinsky and Jessica Colby, and was edited and designed by communications director Lee Carty. Its development, production and distribution were funded by the William T. Grant Foundation, with additional support provided through the Bazelon Center's general program by the John D. and Catherine T. MacArthur Foundation, the Evenor Armington Fund and the Public Welfare Foundation.

The Bazelon Center is the leading national legal advocate for adults and children with mental disabilities. Its mission is to protect these individuals' rights to exercise meaningful life choices and to enjoy the social, recreational, educational, economic, political and cultural benefits of community life. The staff uses a coordinated approach of litigation, policy analysis, coalition-building, public information and technical support for local advocates to end the segregation of children and adults with mental disabilities and assure them of the opportunity to access needed services and supports.