National Institute 2019

B5 | Mental Health Services as a Component of FAPE: Liability Exposure Under the IDEA and Section 504 (Room Osceola D)

National attention surrounding the need for increased mental health services continues to grow and is redefining the role and legal obligations of educational agencies. Attorneys David Walker and William Zee will discuss this changing landscape and analyze how the obligation to provide FAPE — both under the IDEA and Section 504 — is impacted by the requirements to properly identify and effectively respond to students' mental health needs. They also will address the role known or perceived student mental health concerns play in districts' child find obligations. Based on case decisions from around the country, you will learn practical examples of issues that could arise from failing to properly respond to student mental health concerns.