Mental Health Services in Mississippi IEPs
What mental health services are available through an IEP in Mississippi?
Mississippi addresses mental health services for students with disabilities through the IDEA special education and related services framework as implemented by the Mississippi Special Education Regulations and Miss. Code Ann. § 37-23-3. Students with mental health conditions that adversely affect educational performance may qualify for special education under the Emotional Disturbance (ED) category (the federal term used in Mississippi) or under Other Health Impairment if the mental health condition substantially limits alertness or vitality. Counseling services and psychological services are recognized related services that may be included in an IEP (34 CFR 300.34). School counseling and social work services may address mental health needs when included in the IEP. Mississippi's Department of Mental Health (DMH) and MDE have entered into interagency agreements to support coordinated services for students with mental health needs, particularly those involved in or at risk for the mental health system. When behavior related to a mental health condition impedes learning, the IEP team must consider positive behavioral interventions and supports (34 CFR 300.324(a)(2)(i)).
What Mississippi Requires
Students with mental health conditions adversely affecting educational performance may qualify under Emotional Disturbance or Other Health Impairment (34 CFR 300.8(c)(4),(9); MS Sp. Ed. Regs.).
Counseling services and psychological services are recognized related services that may be included in an IEP when needed for the student to benefit from special education (34 CFR 300.34(c)(2),(10)).
When a student's behavior related to mental health needs impedes learning, the IEP team must consider positive behavioral interventions, supports, and strategies (34 CFR 300.324(a)(2)(i)).
Mental health related services must be specified in the IEP with frequency, location, start date, and duration (34 CFR 300.320(a)(7); Miss. Code Ann. § 37-23-9).
Mississippi's MDE and DMH coordinate services for students with co-occurring educational and mental health needs through interagency agreements (Miss. Code Ann. § 37-23-3; MS Sp. Ed. Regs.).
Key Timelines
Mental health related services must begin on the projected start date specified in the IEP (34 CFR 300.323(a)).
Services must be reviewed at least annually at the IEP meeting (34 CFR 300.324(b)).