Mental Health Services in Nebraska IEPs
What mental health services are available through an IEP in Nebraska?
Nebraska addresses mental health services for students with disabilities through its special education eligibility structure and related services framework. Students with mental health conditions may qualify under the Emotional Disturbance (ED) category under 92 NAC 51-007.03 and 34 CFR 300.8(c)(4), which requires a condition exhibiting one or more specified characteristics over a long period of time and to a marked degree that adversely affects educational performance. The Other Health Impairment (OHI) category under 34 CFR 300.8(c)(9) may also cover students with mental health diagnoses such as anxiety or depression that significantly limit strength, vitality, or alertness. Counseling services and psychological services are recognized related services that may be included in an IEP (92 NAC 51-002; 34 CFR 300.34). Nebraska has invested in school-based mental health supports through the Nebraska Multi-Tiered System of Supports (NeMTSS) framework, though these services operate somewhat separately from the IDEA special education system. When behavior impedes learning due to mental health concerns, the IEP team must consider positive behavioral interventions and supports (92 NAC 51-007.08; 34 CFR 300.324(a)(2)(i)).
What Nebraska Requires
Students with mental health conditions adversely affecting educational performance may qualify under the Emotional Disturbance category (Neb. Rev. Stat. § 79-1118; 92 NAC 51-007.03; 34 CFR 300.8(c)(4)).
Students with mental health diagnoses limiting strength, vitality, or alertness may also qualify under Other Health Impairment (34 CFR 300.8(c)(9); 92 NAC 51-007.03).
Counseling services and psychological services are recognized related services eligible to be included in an IEP (92 NAC 51-002; 34 CFR 300.34(a)(2), (10)).
When behavior impedes learning due to mental health concerns, the IEP team must consider positive behavioral interventions, supports, and strategies (92 NAC 51-007.08; 34 CFR 300.324(a)(2)(i)).
Mental health related services must be specified in the IEP with frequency, location, and duration and provided at no cost to the family (92 NAC 51-007.06G; Neb. Rev. Stat. § 79-1119).
Nebraska's NeMTSS framework provides multi-tiered behavioral and mental health supports at the school-wide level, independent of but complementary to IEP-based services.
Key Timelines
Mental health related services must begin on the projected start date in the IEP (92 NAC 51-007.06G; 34 CFR 300.323(a)).
Services must be reviewed at least annually at the IEP meeting (92 NAC 51-007.09; Neb. Rev. Stat. § 79-1129).
Reevaluation of eligibility for ED or OHI must occur at least every three years (92 NAC 51-007.01B; 34 CFR 300.303).