Mental Health Services in Maryland IEPs
What mental health services are available through an IEP in Maryland?
Maryland provides for school-based mental health services both as IEP-related services and through general school behavioral health frameworks. Under COMAR 13A.05.01.02 and 34 CFR 300.34, counseling services, psychological services, and social work services are recognized related services that must be included in a student's IEP when necessary for the child to benefit from special education. Maryland has invested significantly in school-based mental health through the Behavioral Health Integration in Maryland Schools (BHIMS) initiative and the Expanded School Behavioral Health (ESBH) program under Md. Code Ann., Health-Gen. § 7.5-301 et seq., which funds behavioral health clinicians in public schools. Students with mental health conditions that adversely affect educational performance may qualify under the 'Emotional Disability' (COMAR 13A.05.01.03(5)) or 'Other Health Impairment' categories. When behavior impedes learning due to mental health concerns, the IEP team must consider positive behavioral interventions and supports (COMAR 13A.05.01.08A). Maryland's IEP team includes the school psychologist and school counselor as needed, based on the child's needs. The IEP must document any counseling, psychological, or social work services with frequency, duration, and location (COMAR 13A.05.01.09A(7)). Maryland also has a Medicaid School Programs (MSP) initiative that allows LEAs to bill Medicaid for mental health and behavioral health services delivered to eligible students through the IEP, provided parental consent is obtained (Md. Code Ann., Ed. § 8-418).
What Maryland Requires
Counseling, psychological, and social work services are recognized IEP-related services when necessary for the child to benefit from special education (34 CFR 300.34; COMAR 13A.05.01.02).
Students with mental health conditions adversely affecting educational performance may qualify under 'Emotional Disability' or 'Other Health Impairment' (COMAR 13A.05.01.03(5), (10)).
When behavior impedes learning due to mental health concerns, the IEP team must consider positive behavioral interventions and supports (COMAR 13A.05.01.08A).
Mental health related services must be documented in the IEP with frequency, duration, and location (COMAR 13A.05.01.09A(7)).
Maryland's ESBH program funds behavioral health clinicians in schools; services may be coordinated with the IEP (Md. Code Ann., Health-Gen. § 7.5-301 et seq.).
Medicaid-eligible mental health services may be billed to Maryland Medicaid with parental consent (Md. Code Ann., Ed. § 8-418).
Key Timelines
Mental health related services must begin on the projected start date in the IEP (COMAR 13A.05.01.09A(7)).
Services must be reviewed at least annually at the IEP meeting (COMAR 13A.05.01.08B).
If a student's mental health needs change significantly, the IEP team should reconvene to revise services (COMAR 13A.05.01.08B; 34 CFR 300.324(b)).