Mental Health Services in Kentucky IEPs
What mental health services are available through an IEP in Kentucky?
Kentucky does not have a standalone 'educationally related mental health services' regulation distinct from its related services framework, but mental health supports are embedded throughout the special education system and reinforced by several Kentucky-specific provisions. Under 707 KAR 1:002, Section 51, related services include psychological services, counseling services, and social work services, all of which carry mental health components. Psychological services include administering tests, interpreting results, obtaining information about child behavior and conditions, and consulting with school staff and parents (707 KAR 1:002, Section 51; 34 CFR 300.34(c)(10)). Counseling services are provided by qualified social workers, psychologists, guidance counselors, or other qualified personnel (34 CFR 300.34(c)(2)). When a student's behavioral or emotional needs impede learning, the ARC must consider positive behavioral intervention strategies and supports as a special factor (707 KAR 1:320, Section 5(2)(a)). The eligibility category 'emotional-behavioral disability' (EBD) is specifically designed to address students with persistent emotional and behavioral disabilities (707 KAR 1:002, Section 24). Under KRS 158.4416, Kentucky established the School-Based Mental Health Services Program, which provides funding for school-based mental health professionals including licensed clinical social workers, licensed professional counselors, and licensed marriage and family therapists to serve students in public schools. The Kentucky Department of Education's School Safety and Resiliency division provides guidance for LEAs on integrating mental health supports including individual and group assessments, interventions, and referrals. Kentucky LEAs may also access Medicaid reimbursement for covered mental health-related services through the School-Based Health Services program under 907 KAR 3:010, including certain counseling and psychological services provided under IDEA-eligible students' IEPs.
What Kentucky Requires
Psychological services, counseling services, and social work services are defined as related services that may be included in an IEP when a student requires them to benefit from special education (707 KAR 1:002, Section 51; 34 CFR 300.34(c)).
When a student's behavior or emotional needs impede learning, the ARC must consider positive behavioral intervention strategies and supports as a special factor in IEP development (707 KAR 1:320, Section 5(2)(a)).
The 'emotional-behavioral disability' (EBD) category addresses students with persistent emotional and behavioral disabilities despite interventions; EBD can qualify a student for an IEP with mental health-related services (707 KAR 1:002, Section 24).
Under KRS 158.4416, Kentucky established the School-Based Mental Health Services Program providing funding for licensed clinical social workers, licensed professional counselors, and licensed marriage and family therapists in public schools.
Kentucky LEAs may seek Medicaid reimbursement for covered psychological and counseling services provided to dually-eligible students through the School-Based Health Services program under 907 KAR 3:010.
Mental health-related services in the IEP must be specified with projected start date, frequency, location, and duration like all related services (707 KAR 1:320, Section 5(12)).
The ARC must consider whether a student's emotional or behavioral needs require an FBA and BIP in addition to or instead of counseling services (707 KAR 1:320, Section 5(2)(a); 707 KAR 1:340, Section 15).
Students exhibiting mental health needs who are not yet identified may be referred for special education evaluation or supported through the district's multi-tiered system of supports (MTSS) framework (707 KAR 1:300, Section 3).
Key Timelines
Mental health-related services must begin on the projected start date in the IEP and be reviewed at least annually (707 KAR 1:320, Section 5(12); 34 CFR 300.324(b)).
ESY mental health services must be considered when the ARC determines they are necessary to provide FAPE during school breaks (707 KAR 1:290, Section 8).
If a student's mental health needs result in disciplinary action, the manifestation determination must occur within 10 school days (707 KAR 1:340, Section 14(1)).
Sources
Related IEP Guides
Anxiety and the IEP: Getting the Support Your Child Actually Needs
Learn how anxiety qualifies for an IEP, what real support looks like vs. token accommodations, and how to advocate when the school pushes a 504 instead.
IEP Services Explained: What Your Child Should Be Getting
Understand IEP related services — speech, OT, PT, counseling, and more. Learn direct vs. consultative models and what to do if services aren't delivered.