Mental Health Services in New Mexico IEPs
What mental health services are available through an IEP in New Mexico?
Mental health services for students with disabilities in New Mexico are delivered through multiple intersecting frameworks. As a related service under 34 CFR 300.34 and NMAC 6.31.2, counseling services, social work services, and psychological services may be included in an IEP when necessary for a student to benefit from special education. New Mexico LEAs participate in the Medicaid School-Based Services (MSBS) program, which allows schools to bill Medicaid for IEP-based health and mental health services provided to Medicaid-eligible students — including psychological counseling and social work — provided FAPE obligations are met independently of Medicaid reimbursement (NMAC 6.31.2.9). NMAC 6.12.6 requires every New Mexico district and charter school to maintain a Wellness Policy that addresses the behavioral health needs of all students through a social-emotional wellbeing plan. The NMPED Expanding Opportunities Project (EOP), funded by a School-Based Mental Health (SBMH) grant, has established school-based mental health providers in high-need schools, focusing on rural communities with high proportions of students with disabilities. The High Fidelity Wraparound (HFW) process, governed by NMAC 8.321.2.41, coordinates cross-agency mental health supports for youth with complex needs, including students with IEPs. For students whose emotional or behavioral disorders qualify them under the Emotional Disturbance (ED) category, the IEP must include related mental health services when those services are required for FAPE. The NMPED Office of Special Education's 2024–2027 Professional Development Plan specifically includes training to support integration of mental health supports into special education services.
What New Mexico Requires
Counseling services, social work services, and psychological services are IEP-eligible related services when necessary for the student to benefit from special education (34 CFR 300.34; 6.31.2.11 NMAC).
New Mexico LEAs may bill Medicaid for IEP-based mental health services through the MSBS program, without shifting FAPE costs to families (6.31.2.9 NMAC; 34 CFR 300.154).
Every district and charter school must maintain a Wellness Policy with a behavioral health component addressing students' social-emotional wellbeing (NMAC 6.12.6).
The High Fidelity Wraparound (HFW) model (NMAC 8.321.2.41) coordinates cross-agency mental health supports for youth with complex needs including those with IEPs.
The NMPED Expanding Opportunities Project supports school-based mental health providers in high-need and rural schools through federal SBMH grant funding.
Key Timelines
Mental health related services in an IEP must begin on the projected start date and be reviewed at least annually (34 CFR 300.323; 34 CFR 300.324(b)).
Wellness Policy requirements under NMAC 6.12.6 must be maintained annually by each district and charter school.