Psychotherapy Services for Students with Emotional or Behavioral Disorders: A Legal Analysis of Issues

Abstract

Psychotherapy has been advocated as a critical mental health service for students with emotional or behavioral disorders. Yet there are several questions concerning the provision of psychotherapy services: (a) Is psychotherapy a related service as defined by the Individuals with Disabilities Education Act? (b) Who can provide psychotherapy services? (c) Under what conditions must psychotherapy be provided? (d) How is a child's need for psychotherapy established? and (e) Must the school district assume the costs (e.g., tuition, room and board) if the psychotherapy is provided in a psychiatric hospital, residential setting, or private school? This article examines the legal basis for the provision of psychotherapy services and presents an analysis of the litigation concerning psychotherapy. The author addresses each question and discusses several policy implications.

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