For a number of years now, AYZ Law attorneys working with school districts have been focused on the increased intersection between the mental health needs of students and legal responsibilities to provide a free and appropriate public Education (FAPE). This issue, already an increasing source of strain on the public school system, has only been exasperated by student needs associated with COVID-19, particularly with respect to the need to switch back-and-forth between in person , online, and hybrid learning models.

The IDEA regulations require consideration of parent counseling and training resources as part of the related services component of a student’s special education program.

•Assisting parents in understanding the special needs of their child;

•Providing parents with information about child development; and

•Helping parents to acquire the necessary skills that will allow them to support the implementation of their child's IEP.

34 C.F.R. 300.34(c)(8).

So, what should schools be doing given the current climate and increased need in this area. Some starting point questions we have recommend include:

•What does this look like now?

•What should this look like now?

•How have our obligations changed since March, 2020?

•What will this look like going forward?

Another key area to consider are what “Best Practice” approaches have developed in response to this, and other school closure situations (think hurricanes and other natural disasters). Some areas we recommend exploring:

•Identify/address exigent needs first.

•Ask: what behavior management technique or skill will most benefit the parent in working with the student?

•Layer information on top for parents as we move forward.

•Identify parent/guardian’s strengths, needs or other barriers.

•Leverage relationships.

•Is there a particular staff member who works well with a student?

•Can we utilize that relationship to better assist the parent?

•Parent/guardian support groups.

•Check-ins with parent/guardians.

•Proactive steps in place for this to occur.

•Ongoing need to address.

•Support our staff in recognizing parent counseling and training as a related service?

•Use of live instruction vs. recorded sessions.

These represent just some of the things that must be considered. Other considerations include supports for school personnel and compliance issues.

AYZ Education Group chair, William J. Zee, will be addressing these topics, and more, at the LRP National Institute On Educating Individuals With Disabilities in April, 2021.

In the interim, we recommend the following January 22, 2021 article by Kara Arundel, from K-12 DIVE that includes some additional tips:

5 ways schools are addressing pandemic-induced mental health issues

The AYZ Law Blog will continue to include content on this important issue.