Mental Health Services in Virginia IEPs
What mental health services are available through an IEP in Virginia?
Virginia recognizes counseling and psychological services as related services that may be included in a student's IEP when necessary for the child to benefit from special education (8VAC20-81-10; 34 CFR 300.34). Counseling services include services provided by qualified social workers, psychologists, guidance counselors, or other qualified personnel, and may address academic, personal, social, and career development needs. Psychological services include administering psychological and educational tests, interpreting assessment results, obtaining and interpreting information about child behavior and conditions relating to learning, consulting with staff on planning programs to meet special educational needs, and planning and managing a program of psychological services including psychological counseling for children and parents (34 CFR 300.34(c)(10)). Virginia has been expanding school-based mental health services through legislation including Code of Virginia § 22.1-272.1 (student assistance programs). If the IEP team determines that a student requires mental health-related services to benefit from special education, those services must be provided at no cost to the family as part of FAPE. School divisions may contract with community mental health providers or employ their own counselors and psychologists. The determination of mental health service needs is made by the IEP team based on evaluation data and the student's individual needs. Any changes to mental health-related IEP services require parental consent under Virginia's heightened standard (8VAC20-81-170.E.1.d).
What Virginia Requires
Counseling and psychological services are recognized related services under Virginia regulations and IDEA (8VAC20-81-10; 34 CFR 300.34).
If the IEP team determines mental health services are needed for the child to benefit from special education, they must be provided at no cost as part of FAPE (8VAC20-81-100).
Psychological services may include testing, consultation, program planning, and psychological counseling for children and parents (34 CFR 300.34(c)(10)).
School divisions may employ qualified mental health professionals or contract with community providers (8VAC20-81-100).
The IEP must specify the type, frequency, duration, and location of mental health services (8VAC20-81-110.G.7).
Changes to mental health-related IEP services require parental consent (8VAC20-81-170.E.1.d).
Key Timelines
Mental health services specified in the IEP must begin on the projected start date (8VAC20-81-110.G.7).
Services must be reviewed at least annually at the IEP meeting; changes require parental consent (8VAC20-81-110.B.5; 8VAC20-81-170.E.1.d).
Evaluations to determine the need for mental health services must be completed within the 65 business day timeline (8VAC20-81-60.B.1.g for initial; 8VAC20-81-70.H.2 for reevaluations).