The Bazelon Center for Mental Health Law


 

 

Introduction

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The purpose of the Individuals with Disabilities Education Act, IDEA,1 is 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. Children who fail to qualify under the IDEA will not receive the services and supports that would enable them to benefit from their education. The resulting school failure makes it nearly impossible for these children to become independent and productive adults. The impending renewal of the IDEA could offer them new hope.

From the first days of the federal special education law now known as the IDEA, the definition of children who have "emotional disturbance" has been criticized as not grounded on the science of mental health assessment. IDEA identification of children with these disorders remains low—far below even the most conservative estimates of the prevalence of severe childhood mental disorders accompanied by extreme functional limitations. Further, new research shows that schools misidentify a significant number of these children and place them in other IDEA categories. Moreover, unlike children with other disabilities, these children's disorders are commonly not identified until adolescence, even though recent research suggests that young children's emotional and behavioral problems are identifiable early and amenable to reduction over time.2

There has therefore been considerable interest in ascertaining whether states' interpretations of the federal definition—and some states significantly alter the definition—affect the number of children identified as needing special education and related services that would lead to success in school.

The information in this 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. It highlights research on the IDEA's definition of "emotional disturbance" and summarizes findings from a study by the Bazelon Center on the possible impact of that definition on identification rates.

States can also act to improve identification of children with mental and emotional disorders under the IDEA. They have the flexibility to interpret the federal definition and some have done so to positive effect. The Bazelon Center study examines the relationship between states' identification rates and their specific modifications to the federal definition. While considering changes in definitional criteria applied in eligibility determinations, states should also address whether children with mental and emotional disorders are being identified in numbers consistent with prevalence rates so that special education and related services they need can be furnished under the IDEA.

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.

Next: The IDEA and Children with Mental or Emotional Disorders

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  Judge David L. Bazelon Center for Mental Health Law
1101 15th Street, NW, Suite 1212
Washington, DC 20005

Phone: 202-467-5730
Fax: 202-223-0409
Email: webmaster at bazelon.org

 
Judge David L. Bazelon Center for Mental Health Law
1101 15th Street, NW, Suite 1212
Washington, DC 20005

Phone: 202-467-5730
Fax: 202-223-0409
Email: webmasteratbazelon.org