Mental Health Law: Selected Issues: Mental Health Issues of Students

A child with an emotional disturbance has a disability, and is entitled to services under the IDEA, if the child exhibits one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child's educational performance:
(A) An inability to learn that cannot be explained by intellectual, sensory, or health factors.
(B) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers.
(C) Inappropriate types of behavior or feelings under normal circumstances.
(D) A general pervasive mood of unhappiness or depression.
(E) A tendency to develop physical symptoms or fears associated with personal or school problems.

Local education agencies shall provide referrals to mental health services for homeless students.

Whenever possible, the principal shall consult with a mental health professional under contract with the district or school prior to suspending or expelling a student in any of grades pre-kindergarten through three. If the events leading up to suspension or expulsion indicate a need for additional mental health services, the student's principal or the district's mental health professional shall, in any manner that does not result in a financial burden to the school district or school, assist the student's parent or guardian with locating providers or obtaining those services, including referral to an independent mental health professional.

Dept. of Ed., Office of Civil Rights 10/21/14

Cleveland State University Law Library Libguide

Disability Rights Ohio

988 has been designated as the new three-digit dialing code that will route callers to the National Suicide Prevention Lifeline. While some areas may be currently able to connect to the Lifeline by dialing 988, this dialing code came available to everyone across the United States starting on July 16, 2022.

Law.com 10/12/22

Presented at the 2016 School Law Practice Seminar, October 20-22, Portland, OR. Some of the links in this document no longer work, but the information is still good.

CNN 12/7/22

Disability Rights Ohio