Mental Health Services in Texas IEPs
What mental health services are available through an IEP in Texas?
Texas integrates mental health services into special education through multiple layers of state law and policy. IEPs may include psychological services, counseling services, and school social work services as IDEA-defined related services when determined necessary by the ARD committee (34 CFR §300.34; 19 TAC §89.1050(b)). TEC §38.351 requires TEA to produce and annually update a recommended list of evidence-based programs in nine areas including early mental health prevention, trauma-informed practices, positive behavior supports, and suicide prevention, which districts must use to guide implementation. For students who are deaf or hard of hearing, TEC §29.312 specifically mandates that appropriate psychological counseling services be available at the student’s school site in the student’s primary mode of communication. Licensed professional counselors, licensed clinical social workers, and other licensed professional health authorities (LPHAs) may deliver IEP-specified mental health related services when authorized by the ARD committee.
What Texas Requires
ARD committee may include psychological services, counseling services, and school social work services in an IEP as IDEA-defined related services when necessary for the student to benefit from special education (34 CFR §300.34(a); 19 TAC §89.1050(b))
Districts must implement evidence-based mental health programs from TEA’s annually updated recommended list covering nine areas: early intervention, emotional management, substance abuse prevention, suicide prevention, trauma-informed practices, positive school climates, positive behavior supports, positive youth development, and safe school environments (TEC §38.351(a),(c))
For students who are deaf or hard of hearing, appropriate psychological counseling must be provided at the student’s school site in the student’s primary mode of communication (TEC §29.312)
Staff — including counselors, teachers, nurses, and administrators — must be trained to recognize students at risk of suicide and refer to parents and appropriate intervention services (TEC §38.351(e))
Mental health related services in the IEP must specify frequency, duration, and location and may be delivered by LPHAs (licensed professional counselors, licensed clinical social workers) as determined appropriate by the ARD committee (34 CFR §300.320(a)(7); 19 TAC §89.1050(b))
Districts may designate at least one liaison officer to identify students needing early mental health or substance abuse intervention or suicide prevention support, and must establish procedures to provide parents timely notice when a student is identified as needing such intervention (TEC §38.351(i))
Key Timelines
Annual: TEA must publish updated list of recommended best practice mental health programs each school year (TEC §38.351(a))
Reasonable timeframe: districts must provide parents notice when a student is identified as potentially needing mental health intervention (TEC §38.351(i))
IEP start date: mental health related services specified in the IEP must begin on the projected start date documented in the IEP (34 CFR §300.320(a)(7))