Mental Health Services in Delaware IEPs
What mental health services are available through an IEP in Delaware?
Delaware does not have a standalone special education mental health services regulation, but mental health services are delivered through the IEP as related services (counseling, social work, psychological services) under 14 Del. Admin. Code 925 § 9.1(d) and 34 CFR 300.34. Delaware has a significant infrastructure for school-based mental health through the Delaware School Climate and Discipline Initiative and partnerships with the Division of Prevention and Behavioral Health Services (DPBHS). When a student's emotional or behavioral needs require mental health support, the IEP team must consider positive behavioral supports (14 Del. Admin. Code 925 § 9.2(b)) and may include school counseling, psychological services, and social work as IEP-related services. Delaware also operates the Student Support Centers and School-Based Wellness Centers in high-need schools. Students with Emotional Disturbance (ED) are entitled to mental health-related related services as part of their FAPE (14 Del. C. § 3110). Medicaid-eligible students may receive school-based mental health services billed to Medicaid, but this cannot reduce the school's obligation to fund IDEA services.
What Delaware Requires
Mental health services required by a student's IEP must be provided as related services (counseling, psychological services, or social work) at no cost to the family (14 Del. Admin. Code 925 § 9.1(d); 34 CFR 300.34).
The IEP team must consider positive behavioral interventions and supports whenever a student's emotional or behavioral needs impede learning (14 Del. Admin. Code 925 § 9.2(b); 34 CFR 300.324(a)(2)(i)).
Delaware's Division of Prevention and Behavioral Health Services (DPBHS) may partner with schools to provide community-based mental health supports, but this does not satisfy the school's FAPE obligation (14 Del. C. § 3110).
School-based mental health services billed to Medicaid do not reduce the school district's obligation to provide IDEA-required mental health services at public expense (34 CFR 300.154(d)).
For students with Emotional Disturbance (ED), the IEP must specifically address the behavioral and emotional components of the disability, including mental health supports (14 Del. Admin. Code 925 § 9.2(b); 34 CFR 300.34(c)(2)).
Key Timelines
Mental health-related services must begin on the start date specified in the IEP and be reviewed at each annual IEP meeting (14 Del. Admin. Code 925 § 9.1(f), 11.0).
When a student's emotional/behavioral needs change significantly, an IEP team meeting must be convened to review and revise mental health supports, which may occur before the annual review (14 Del. Admin. Code 925 § 11.0).