Mental Health Services in Georgia IEPs
What mental health services are available through an IEP in Georgia?
Georgia IEPs may include mental health-related services as related services when necessary for a child to benefit from special education. Under Ga. Comp. R. & Regs. 160-4-7-.21 (Definitions), related services expressly include psychological services, counseling services, and school social work services in schools. Psychological services include administering psychological and educational tests, interpreting assessment results, obtaining and interpreting information about child behavior and learning conditions, consulting with staff on school programs, planning psychological counseling for children and parents, and assisting in developing positive behavioral intervention strategies. Counseling services are provided by qualified social workers, psychologists, guidance counselors, or other qualified personnel. Georgia also operates the Georgia Apex Program, funded by the Department of Behavioral Health and Developmental Disabilities (DBHDD), which provides school-based mental health services through community provider partnerships for students PreK–12. The program is designed to build capacity and increase access to mental health services and includes school-based services and supports delivered through community mental health providers. Apex services operate independently of but can coordinate with IEP-mandated related services.
What Georgia Requires
Related services, including psychological services, counseling services, and school social work services, must be provided when necessary to assist a child with a disability to benefit from special education (Ga. Comp. R. & Regs. 160-4-7-.21(36)).
Psychological services include psychological testing, interpreting behavior and learning information, psychological counseling for children and parents, consulting with staff, and developing positive behavioral intervention strategies (Ga. Comp. R. & Regs. 160-4-7-.21(36)(c)(10)).
Counseling services must be provided by qualified social workers, psychologists, guidance counselors, or other qualified personnel (Ga. Comp. R. & Regs. 160-4-7-.21(36)(c)(2)).
Social work services in schools are a defined related service under Georgia special education law, listed in the general related services definition at (36)(a) and defined in detail at (Ga. Comp. R. & Regs. 160-4-7-.21(36)(c)(14)).
When a child's behavior impedes learning, the IEP Team must consider positive behavioral interventions and supports including counseling and mental health supports (34 CFR §300.324(a)(2)(i); Ga. Comp. R. & Regs. 160-4-7-.06).
The Georgia Apex Program (DBHDD) provides school-based mental health services through community providers in PreK–12 settings, operating in partnership with local school systems to build capacity and increase access to mental health services (DBHDD Apex Program).
Apex services include school-based services and supports delivered by community mental health providers; specific clinical service offerings (e.g., assessment, crisis intervention, counseling) are determined by the contracted provider and participating school system (DBHDD Apex Program).
IEP-mandated related services are distinct from Apex services; both may be available to a student, and the IEP Team determines which services are required for FAPE.
Key Timelines
Related services including psychological and counseling services must be identified at the time of IEP development and reviewed at least annually (Ga. Comp. R. & Regs. 160-4-7-.06; 34 CFR §300.324(b)(1)).
IEP-mandated related services must begin as soon as possible following IEP development (34 CFR §300.323(c)(2)).
Apex program services are available to eligible students upon referral through participating school systems; enrollment timelines set by school-community provider agreements.