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. 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. Counseling services are provided by qualified social workers, psychologists, guidance counselors, or other qualified personnel. 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). The Kentucky Department of Education's School-Based Mental Health initiative provides guidance for LEAs on integrating mental health supports including individual and group assessments, interventions, and referrals through certified school counselors, psychologists, and social workers. Kentucky LEAs may also access Medicaid reimbursement for covered mental health-related services through the School-Based Health Services program, 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).
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).
School-based mental health services may be delivered by certified school counselors, psychologists, and social workers and may include individual assessments, group interventions, and referrals.
Kentucky LEAs may seek Medicaid reimbursement for covered psychological and counseling services provided to dually-eligible students through the School-Based Health Services program.
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).