Family Help Guide Menu

Schools & Special Education Services

Family Help Guide Menu

Schools & Special Education Services

How to advocate for your child’s educational needs

One of the most important things parents can do for their child is to advocate for his or her educational needs. Many children and youth with mental health or behavioral disorders struggle to organize and complete schoolwork, focus in class, follow classroom rules, or interpret social cues. Getting the right special education services can reduce stress at school and at home and help children and youths academically and socially. Seek a good working relationship with special education staff and those providing services to your child. Students benefit when parents and school staff are allied.

It’s important to learn about educational rights and services that can benefit your child. Emotional disabilities, including mental health or behavioral disorders, can qualify students for a wide range of accommodations, from help organizing school assignments or extended time on tests, to placement in a therapeutic day or residential school. Special education services must be tailored to help each student be as successful as possible.

Federal law, called the Individuals with Disabilities Education Act (IDEA), requires school districts to provide a “free and appropriate public education” for all students with disabilities, aged 3- through 21-years-old. School districts must meet the needs of eligible children in the “least restrictive environment” appropriate for each student.

Students receiving services under IDEA must have an Individual Education Program (IEP) that states the student’s needs and how the school will meet those needs, including how improvement will be measured. If appropriate programs do not exist within a local school district, the district must locate and provide those programs, regardless of cost. The most intensive and restrictive service is placement in a residential therapeutic school. This is required when a child cannot benefit from educational services without 24-hour care.

For more information about residential treatment, consult the Illinois Children’s Mental Health Partnership’s Residential Treatment for Youth with Mental Health Needs: A Guide for Parents and Guardians.

Residential Treatment Guide

Parents have the right to request an evaluation for their child at any time. This request should be made in writing to the director of special education in your school district. Ask for a signed and dated receipt for the letter, and keep this for your records.

Your evaluation request starts a legal timeline:

  • The school has 14 school days to determine if an evaluation is needed. The school must get parental consent for an evaluation.
  • The school has 60 school days after receiving parental consent to evaluate the student for eligibility. Evaluations assess health; hearing and vision; social and emotional status; intelligence; academic performance; and functional ability.
  • An IEP meeting must be held within 30 calendar days of the eligibility decision.
  • IEP services must begin within 10 calendar days after the IEP meeting.

Parents have the right to request an evaluation for their child at any time. This request should be made in writing to the director of special education in your school district. Ask for a signed and dated receipt for the letter, and keep this for your records.

Your evaluation request starts a legal timeline:

  • The school has 14 school days to determine if an evaluation is needed. The school must get parental consent for an evaluation.
  • The school has 60 school days after receiving parental consent to evaluate the student for eligibility. Evaluations assess health; hearing and vision; social and emotional status; intelligence; academic performance; and functional ability.
  • An IEP meeting must be held within 30 calendar days of the eligibility decision.
  • IEP services must begin within 10 calendar days after the IEP meeting.

The IEP cannot be written before an IEP meeting. This document must be written collaboratively at a meeting of the student’s IEP team, which includes parents.

IEP goals are not limited to academics; behavioral and social and emotional issues are as important as academic credits, and are part of planning for graduation.

If a student meets the academic goals but can’t achieve behavioral goals, he or she may receive special education services up until age 22. In addition, some students are eligible for behavioral intervention services and other special services when school is not in session.

Parents can add goals that will benefit their student to the student’s IEP. Books on special education goals, services, and accommodations are available at local libraries. IEPs are legally enforceable documents that must be followed by general education teachers as well as special education teachers. IEPs must be reviewed at least once a year.

Effective parental education advocacy includes:

  • Active participation in the IEP process; attend all meetings about your child
  • The option to invite a professional to the IEP meeting to support your request for services. This can be a therapist, a physician, or an educational consultant. Parents also can invite a friend or family member for emotional support
  • Asking questions and sharing information about what works at home and in the community
  • Keeping all records, including copies of IEPs, letters, emails, evaluations, and notices of meetings together in a file or binder

Effective parental education advocacy includes:

  • Active participation in the IEP process; attend all meetings about your child
  • The option to invite a professional to the IEP meeting to support your request for services. This can be a therapist, a physician, or an educational consultant. Parents also can invite a friend or family member for emotional support
  • Asking questions and sharing information about what works at home and in the community
  • Keeping all records, including copies of IEPs, letters, emails, evaluations, and notices of meetings together in a file or binder

Parents have a right to a due process hearing if they feel their student is not receiving services that they believe he or she is entitled to receive. This process, as well as rules and timelines, is outlined in the Illinois State Board of Education (ISBE) Parent Guide to Special Education Rights and Responsibilities.

Special Education Rights Guide

Parents also have the right to consult with a lawyer, or to bring a lawyer into the IEP process. Sometimes, this is necessary to get the services your child needs. However, engaging a lawyer carries the threat of legal action and can create or worsen an adversarial environment. Explore other options before taking legal action.

A Section 504 Plan

A Section 504 Plan differs from an IEP in that a 504 Plan only allows children with disabilities equal access to educational services. An IEP provides more protections for children by mandating that the student benefits academically from those services.

Section 504 refers to the Rehabilitation Act, a federal law that prohibits discrimination against people with disabilities by agencies receiving federal funds.

To qualify for a 504 Plan, a student must have a physical or mental “impairment” that substantially limits a student’s access to learning. These are generally limitations that do not rise to the severity level of IDEA protection.

Section 504 does not list qualifying disabilities, but can be applied to disorders such as ADD, ADHD or anxiety. Accommodations should be individualized to each student’s needs, and can include preferential seating to minimize distractions, extended time for tests and assignments, etc. If parents disagree with accommodations offered under Section 504, they can seek a due process hearing.

The Illinois State Board of Education provides information on Section 504.

Section 504

PUNS

Students with a primary diagnosis of developmental disability and a secondary diagnosis of mental illness can be enrolled in the PUNS database. PUNS stands for Prioritization of Urgency of Need for Services. It is the entry point for in-home and community services for children and adults with developmental disabilities. While enrollment in the PUNS database does not guarantee eligibility, it establishes a child’s place in line if he or she is determined to be eligible for services.

Find a local PUNS Pre-Admission Screening agency through the Illinois Department of Homeland Services.

IDHS Office Locator

Transition age, college and life

Eventually, youths with emotional disabilities age-out of school district special education programs. This can occur at high school graduation, or their 22nd birthday, whichever happens first. These young adults can still qualify for services and supports as they consider housing options, employment, and higher education.

Life skills training, supported employment, and housing supports may be available through community mental health centers or mental health service organizations.

Some local National Alliance on Mental Illness (NAMI) chapters offer job readiness and placement assistance. In addition, the Illinois Department of Rehabilitation Services offers assistance in employment, education and independent living opportunities. Supportive housing programs typically have long waiting lists. It is wise to get your child on every waiting list you can find.

College education is an attainable goal for many young adults with mental illness. Most colleges offer supports for students with disabilities, including psychiatric diagnoses. Demand for mental health and counseling services has boomed at colleges throughout the nation, putting pressure on schools to expand those services. Students who reach out for services and support are more likely to persevere through challenges, stay in college, and graduate.

If you know your child will need mental health services in college, it is vital to ask about campus services during college visits. Find out exactly what the college offers; schools in rural areas may have few local mental health providers.

Often, college counseling centers offer only short-term counseling. A handful of colleges also offer supported recovery housing programs that provide sober living environments and vital support services for students who are in recovery from addiction.

Educational accommodations for students with mental health disabilities shift at the college level. IDEA no longer applies. Colleges instead must follow the Americans with Disabilities Act (ADA), which places responsibility for disclosure and documentation of a disability on the individual with the disability. Students must make contact with the college disability office; colleges are not required to seek out students with special needs. A college education is not a right under ADA; students with disabilities must meet all admission requirements, including being able to attend classes, do homework and take exams. ADA requires colleges to make “reasonable” academic accommodations intended to level the playing field once students are admitted.

Experts often advise AGAINST disclosing a psychiatric disability BEFORE student is admitted. Students with mental health disabilities are encouraged to contact the college or university disability services office at least a month before classes begin to provide documentation of the disability and to discuss available accommodations and supports. Disability offices may offer tutoring and mentorship programs, quiet places to study or take tests, and assistive technology that can read classroom notes aloud or provide audio textbooks. Additional services may be available ala carte, at an added cost.

A disability staff member can preserve student privacy by contacting professors to divulge a student’s need for accommodation, without disclosing the disability. If a student has a mental health crisis and must be hospitalized or take time away from school, the disability office can ensure that the student receives an “incomplete” grade so that he or she can finish required work later. This can enable the student salvage his or her completed work and return in good standing, instead of withdrawing from or failing classes or dropping out of school.

Encourage your student to connect to the college mental health center or a private psychiatrist and/or therapist upon arrival, instead of waiting until a crisis.

The Higher Education Tool Kit, compiled by the Boston University Center for Psychiatric Rehabilitation, outlines an array of accommodations for mental health conditions.

Higher Education Tool Kit

Active Minds is an anti-stigma, support, and advocacy organization for college students, with more than 400 campus chapters around the nation.

Active Minds

Colleges also are limited by federal privacy law in their ability to communicate with parents about a student age 18 or older. Parents who anticipate that their student will need mental health services during college can ask him or her to sign release forms allowing communication with providers or student services staff. An Illinois law enacted in 2015 allows students to authorize an in-state college or university to share mental health records with parents or trusted adult if the student could be a danger to himself or others. The mental health waiver is part of enrollment paperwork, and something students and parents should to discuss before a crisis.