Mental Health Services in New York IEPs
What mental health services are available through an IEP in New York?
Mental health services for students with disabilities in New York are delivered through two parallel tracks: as related services documented in the IEP under 8 NYCRR §200.1(qq), and through separately licensed school-based mental health programs. The IEP-based track includes counseling services, psychological services, and school social work services — each recommended by the CSE when necessary to assist the student in benefiting from special education. For students with significant mental health needs, NY uniquely authorizes placement in OMH-certified day treatment programs under 8 NYCRR §200.14, where the treatment team's recommendations on type, frequency, and duration of services must be incorporated into the IEP. School-based mental health clinics (SBMHCs) operating as satellite Article 31 OMH clinics provide assessment, psychotherapy, psychiatric evaluation, and crisis services within school buildings, funded through Medicaid rather than district budgets.
What New York Requires
Counseling services, psychological services, and school social work services are related services that must be included in the IEP when the CSE determines they are required to assist the student with a disability to benefit from special education (8 NYCRR §200.1(qq))
For students in OMH-certified day treatment programs, the treatment team's recommendations on type, frequency, and duration of services needed to meet mental health and educational needs must be used in developing the IEP (8 NYCRR §200.14(d)(1))
The CSE must assure that appropriate staff participate in the treatment planning conducted by the treatment team when developing or reviewing the IEP of a student enrolled in such a program (8 NYCRR §200.14(c))
Treatment team representatives must be given the opportunity to attend IEP meetings; if unable to attend, alternative participation methods such as conference calls are required with documentation (8 NYCRR §200.14(d)(2))
IEP must specify the frequency, duration, and location of any counseling, psychological, or social work service, consistent with the individual student's need (8 NYCRR §200.4(d)(2)(v))
School-based mental health clinics (SBMHCs) are OMH-licensed Article 31 satellite clinics operating within schools; they provide services independent of the IEP process and are funded through Medicaid (8 NYCRR §200.14; OMH SBMHC policy)
Progress reports from day treatment programs must be forwarded to the CSE within 30 days, with reviews conducted quarterly in the first year and at least twice annually thereafter (8 NYCRR §200.14(e))
Key Timelines
Day treatment program progress reports must be forwarded to the CSE within 30 days of each required review (8 NYCRR §200.14(e))
IEP reviews for students in day treatment programs must occur at least quarterly during the first year of enrollment, then at least twice annually thereafter (8 NYCRR §200.14(e))
Declassification support services — provided when a student exits special education — may continue for up to one year after the student enters the full-time regular education program (8 NYCRR §200.4(d)(2)(xi))