Mental health provisions in Title V of the No Child Left Behind Act of 2001

Last updated

Mental Health Provisions in the No Child Left Behind

As a part of the No Child Left Behind Act of 2002, Congress passed into law two subparts of Part D of Title V (Promoting Informed Parental Choice and Innovative Programs) of that Act pertaining to mental health interventions as they relate to students. Those subparts are Subpart 2, Section 5241: Elementary and Secondary School Counseling Programs [1] and Subpart 14, Section 5541: Grants for the Integration of Schools and Mental Health Systems [2] and Section 5542: Promotion of School Readiness through Early Childhood Emotional and Social Development. [3]

Contents

Subpart 2, Section 5241: Elementary and Secondary School Counseling Programs

This section authorizes the Secretary of Education to award grants to local education agencies (LEA) for the purposes of establishing or expanding counseling services for students in both elementary and secondary school settings. This section also delineates the conditions under which LEAs should be given special consideration by the Secretary of Education. Those conditions are:

  1. Demonstration of great need (determined in part by student to counselor, student to social worker and student to school psychologist ratios).
  2. Proposal of especially innovative or promising programs.
  3. Demonstration of great possibility for replication and dissemination.

This section also requires that the counseling services for which funds are provided follow certain guidelines. Those guidelines include requirements such as assurances that funds will be spent on programs that will be comprehensive in their approach, serve the needs of all students, increase the availability of services, employ qualified professionals, involve families and communities, evaluate the outcomes of the programs and show an innovative approach to providing services. The section also requires that the office of the Secretary of Education must make a report evaluating the programs that receive funds under the section. [4]

Subpart 14, Section 5541: Grants for the Integration of Schools and Mental Health Systems

This section gives the Secretary of Education authority to award grants to and enter into contracts with a Local Education Agency, State Education Agency and Indian tribe to support programs that expand student access to mental health care through the creation of innovative links between schools and the community mental system. These grants are awarded based on an application process. The section limits these grants to a five-year period and requires that the funds be used by LEAs, SEAs and Indian tribes to expand or improve care for students as well as to provide training for school based and community based professionals (both educators and mental health service providers), consultation and technical assistance for schools and agencies, coordination of services that will fit students' language and cultural background, and evaluation of the programs for which grant money is provided. [5]

Section 5542: Promotion of School Readiness through Early Childhood Emotional and Social Development

This section gives the Secretary of Education the authority to make Foundations for Learning Grants to LEAs and other local, community-based organizations (such as councils or non profits) whose mission is to assist students in preparation for school. These grants are application based and required to be directed toward programs that help students to develop emotionally, socially and behaviorally; programs that help to coordinate families working with community-based programs that provide such services; programs that provide other services that support such community-based programs such as transportation services; programs that evaluate the success of such programs, or to provide funding for students to participate in or be evaluated for eligibility for such programs. Other requirements for these grants include that programs must not also be receiving funds from other sources and that the office of the Secretary of Education must evaluate or contract for an outside evaluation for each program that receives a grant. [6]

Context for the Provisions

In an article about the connections between school mental health services and No Child Left Behind from November 2006, Brian P. Daly et al. cited a National Institute of Mental Health study that found that between 5% and 9% of students face emotional and behavioral issues that impede their learning. [7] Beyond this, a report by the Centers for Disease Control and Prevention on the interaction between school policies and health for adolescents noted in 2008 that some twenty percent of students annually demonstrate evidence of experiencing a mental health issue. [8] Additionally, the Department of Education, in its application materials for its program of Grants for the Integration of Schools and Mental Health Systems, notes that the majority of mental, emotional and behavior disorders have their foundation in childhood or adolescence. They report that more than half of adults who have experienced a mental, emotional or behavioral disorder claim that it began during those early years and that by the age of sixteen nearly forty percent of children and young adults have experienced a psychiatric disorder. Furthermore, the Department of Education reports that mental health concerns overlap with and in many cases undergird other important themes in education today, such as bullying. In their Introduction, the Department of Education cites one study that showed that both perpetrators and victims of incidences[ spelling? ] of bullying were twice as likely to report symptoms of depression than other students. [9]

In its report on the interaction of school policy and health issues for adolescents, the CDC notes that the state of mental health systems treatment in schools or coordinated by schools is much more extensive today than it once was. It notes that while in the past such services had been given to students in Special Education, one report by Substance Abuse and Mental Health Services Administration found through surveys that virtually all schools surveyed had at least one professional on staff to provide mental health services and that upwards of eighty percent of the schools surveyed provided mental health and related behavioral and crisis intervention assessments. [10] Additionally, the American Counseling Association (ACA) reports that while in 1998 the ratio of students to counselors in schools was 561 to 1, but that by 2008-9 that ratio had lessened to 457:1. [11]

Despite this progress, the system is still seen as inadequate in many ways by major evaluations of the mental health system. In 2002, the President's New Freedom Commission on Mental Health evaluated the current system of mental health in the United States. The commission concluded that there were "unmet needs and that many barriers impede care for people with mental illnesses." [12] Furthermore, in an article regarding the role of schools in mental health services, Sharon Hoover Stephan et al. report that the number of people who seek treatment for mental health disorders is fewer than 30%. [13] Finally, despite improvement in the rations of students to counselors in schools, the 2008-9 ratio of 457:1 still greatly exceeds the ration recommended by the ACA, which is 250:1 [14]

Related Research Articles

<span class="mw-page-title-main">Psychologist</span> Professional who evaluates, diagnoses, treats and studies behavior and mental processes

A psychologist is a professional who practices psychology and studies mental states, perceptual, cognitive, emotional, and social processes and behavior. Their work often involves the experimentation, observation, and interpretation of how individuals relate to each other and to their environments.

The Substance Abuse and Mental Health Services Administration is a branch of the U.S. Department of Health and Human Services. SAMHSA is charged with improving the quality and availability of treatment and rehabilitative services in order to reduce illness, death, disability, and the cost to society resulting from substance abuse and mental illnesses. The Administrator of SAMHSA reports directly to the Secretary of the U.S. Department of Health and Human Services. SAMHSA's headquarters building is located outside of Rockville, Maryland.

School psychology is a field that applies principles from educational psychology, developmental psychology, clinical psychology, community psychology, and behavior analysis to meet the learning and behavioral health needs of children and adolescents. It is an area of applied psychology practiced by a school psychologist. They often collaborate with educators, families, school leaders, community members, and other professionals to create safe and supportive school environments.

A behavior modification facility is a residential educational and treatment institution enrolling adolescents who are perceived as displaying antisocial behavior, in an attempt to alter their conduct.

School social work is a specialized area of social work concerned with the psychosocial functioning of students to promote and maintain their health and well-being while assisting students to access their academic potential. The School Social Work Association of America defines school social workers as "trained mental health professionals who can assist with mental health concerns, behavioral concerns, positive behavioral support, academic, and classroom support, consultation with teachers, parents, and administrators as well as provide individual and group counseling/therapy."

<span class="mw-page-title-main">Individuals with Disabilities Education Act</span> United States law

The Individuals with Disabilities Education Act (IDEA) is a piece of American legislation that ensures students with a disability are provided with a Free Appropriate Public Education (FAPE) that is tailored to their individual needs. IDEA was previously known as the Education for All Handicapped Children Act (EHA) from 1975 to 1990. In 1990, the United States Congress reauthorized EHA and changed the title to IDEA. Overall, the goal of IDEA is to provide children with disabilities the same opportunity for education as those students who do not have a disability.

<span class="mw-page-title-main">Youth detention center</span> Type of prison for people under the age of majority

In criminal justice systems, a youth detention center, known as a juvenile detention center (JDC), juvenile detention, juvenile jail, juvenile hall, or more colloquially as juvie/juvy or the Juvey Joint, also sometimes referred to as observation home or remand home is a prison for people under the age of majority, to which they have been sentenced and committed for a period of time, or detained on a short-term basis while awaiting trial or placement in a long-term care program. Juveniles go through a separate court system, the juvenile court, which sentences or commits juveniles to a certain program or facility.

Special education in the United States enables students with exceptional learning needs to access resources through special education programs. These programs did not always exist. "The idea of excluding students with any disability from public school education can be traced back to 1893, when the Massachusetts Supreme Court expelled a student merely due to poor academic ability". This exclusion would be the basis of education for all individuals with special needs for years to come. In 1954, Brown v. Board of Education sparked the belief that the right to a public education applies to all individuals regardless of race, gender, or disability. Finally, special education programs in the United States were made mandatory in 1975 when the United States Congress passed the Education for All Handicapped Children Act (EAHCA) "(sometimes referred to using the acronyms EAHCA or EHA, or Public Law 94-142) was enacted by the United States Congress in 1975, in response to discriminatory treatment by public educational agencies against students with disabilities." The EAHCA was later modified to strengthen protections to students with disabilities and renamed the Individuals with Disabilities Education Act (IDEA). IDEA requires states to provide special education and related services consistent with federal standards as a condition of receiving federal funds.

The right to a Free Appropriate Public Education (FAPE) is an educational entitlement of all students in the United States who are identified as having a disability, guaranteed by the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act (IDEA).

A mental health professional is a health care practitioner or social and human services provider who offers services for the purpose of improving an individual's mental health or to treat mental disorders. This broad category was developed as a name for community personnel who worked in the new community mental health agencies begun in the 1970s to assist individuals moving from state hospitals, to prevent admissions, and to provide support in homes, jobs, education, and community. These individuals were the forefront brigade to develop the community programs, which today may be referred to by names such as supported housing, psychiatric rehabilitation, supported or transitional employment, sheltered workshops, supported education, daily living skills, affirmative industries, dual diagnosis treatment, individual and family psychoeducation, adult day care, foster care, family services and mental health counseling.

Emotional and behavioral disorders refer to a disability classification used in educational settings that allows educational institutions to provide special education and related services to students who have displayed poor social and/or academic progress.

Adolescent health, or youth health, is the range of approaches to preventing, detecting or treating young people's health and well-being.

In the United States education system, School Psychological Examiners assess the needs of students in schools for special education services or other interventions. The post requires a relevant postgraduate qualification and specialist training. This role is distinct within school psychology from that of the psychiatrist, clinical psychologist and psychometrist.

An emotional or behavioral disability is a disability that impacts a person's ability to effectively recognize, interpret, control, and express fundamental emotions. The Individuals with Disabilities Education Act of 2004 characterizes the group of disabilities as Emotional Disturbance (ED). This term is controversial as it is seen by some as excluding or even discriminating against students with behavior issues and just focuses on the emotional aspects.

The highly qualified teacher provision is one of the goals of the No Child Left Behind Act (NCLB) of 2001. The term highly qualified teachers (HQT) comes from the original language of Title II of the No Child Left Behind Act. Title II of NCLB designates federal funds to educational agencies for the purpose of improving the student achievement through the professional development of highly qualified teachers and principals. To qualify for this funding, states must comply with a series of conditions stipulated in NCLB, and track their progress toward goals each state sets. Title II was originally known as the Eisenhower Professional Development Program, and has undergone several reauthorizations, though the original intent has remained relatively intact. The main goals of the highly qualified teacher provision is to ensure that every classroom is staffed by a teacher deemed "highly qualified" under conditions set by NCLB. As some point out, this section of NCLB is quite at odds with the general thrust of NCLB because it focuses on school inputs rather than student outcomes. The sections of NCLB designated to HQTs allocates the majority of the funds to the states and does not clearly define at the federal level what is and what is not a highly qualified teacher, allowing for more local definitions of this term. This provision has come under much scrutiny, as it is up to states to decide how to measure highly qualified, and states are not holding their teachers to the same level of rigor across the country. Since its reauthorization in 2001, Title II has yet to reach its stated goal of ensuring that 100% of teachers in public schools in the United States are highly qualified.

Pediatric psychology is a multidisciplinary field of both scientific research and clinical practice which attempts to address the psychological aspects of illness, injury, and the promotion of health behaviors in children, adolescents, and families in a pediatric health setting. Psychological issues are addressed in a developmental framework and emphasize the dynamic relationships which exist between children, their families, and the health delivery system as a whole.

A full-service community school (FSCS) in the United States focuses on partnerships between a school and its community. It integrates academics, youth development, family support, health and social services, and community development. Community schools are organized around the goals to help students learn and succeed and to strengthen families and communities. Full-service community schools extend the goals of traditional public schools further. They are centers of their communities that provide services to address the needs of student learners and build bridges between schools, families, and communities. They are schools that not only promote academic excellence, but they also provide health, mental health, and social services on the school campus. The "school emerges as a community hub, a one-stop center to meet diverse needs and to achieve the best possible outcomes for each child."

School-based family counseling (SBFC) is an integrated approach to mental health intervention that focuses on both school and family in order to help children overcome personal problems and succeed at school. SBFC is practiced by a wide variety of mental health professionals, including: psychologists, social workers, school counselors, psychiatrists, and marriage and family therapists, as well as special education teachers. What they all share in common is the belief that children who are struggling in school can be best helped by interventions that link family and school. SBFC is typically practiced at the school site, but may be based in a community mental health agency that works in close collaboration with schools.

School-based prevention programs are initiatives implemented into school settings that aim to increase children's academic success and reduce high-risk problem behaviors.

<span class="mw-page-title-main">Mental health in education</span>

Mental health in education is the impact that mental health has on educational performance. Mental health often viewed as an adult issue, but in fact, almost half of adolescents in the United States are affected by mental disorders, and about 20% of these are categorized as “severe.” Mental health issues can pose a huge problem for students in terms of academic and social success in school. Education systems around the world treat this topic differently, both directly through official policies and indirectly through cultural views on mental health and well-being. These curriculums are in place to effectively identify mental health disorders and treat it using therapy, medication, or other tools of alleviation. Students' mental health and well-being is very much supported by schools. Schools try to promote mental health awareness and resources. Schools can help these students with interventions, support groups, and therapies. These resources can help reduce the negative impact on mental health. Schools can create mandatory classes based on mental health that can help them see signs of mental health disorders.

References

  1. "Subpart 2 — Elementary and Secondary School Counseling Programs". Act of Congress. Retrieved 29 October 2011.
  2. "SEC. 5541. GRANTS FOR THE INTEGRATION OF SCHOOLS AND MENTAL HEALTH SYSTEMS". Act of Congress. United States Government. Retrieved 29 October 2011.
  3. "SEC. 5542. PROMOTION OF SCHOOL READINESS THROUGH EARLY CHILDHOOD EMOTIONAL AND SOCIAL DEVELOPMENT". Act of Congress. United States Government. Retrieved 29 October 2011.
  4. "Subpart 2 — Elementary and Secondary School Counseling Programs". Act of Congress. Retrieved 29 October 2011.
  5. "SEC. 5541. GRANTS FOR THE INTEGRATION OF SCHOOLS AND MENTAL HEALTH SYSTEMS". Act of Congress. United States Government. Retrieved 29 October 2011.
  6. "SEC. 5542. PROMOTION OF SCHOOL READINESS THROUGH EARLY CHILDHOOD EMOTIONAL AND SOCIAL DEVELOPMENT". Act of Congress. United States Government. Retrieved 29 October 2011.
  7. Daly, Brian P.; Robert Burke; Isadora Hare; Carrie Mills; Celeste Owens; Elizabeth Moore; Mark D. Weist (November 2006). "Enhancing No Child Left Behind-School Mental Health Connections". The Journal of School Health. 76 (9): 446–451. doi:10.1111/j.1746-1561.2006.00142.x. PMID   17026637.
  8. Anonymous (February 2008). "A CDC Review of School Laws and Policies Concerning Child and Adolescent Health". The Journal of School Health. 78 (2): 99. doi:10.1111/j.1746-1561.2007.00272_4.x.
  9. "Grants for the Integration of Schools and Mental Health Systems: Background and Introduction" (PDF). Information and Application Procedures. Department of Education. Retrieved 29 October 2011.
  10. Anonymous (February 2008). "A CDC Review of School Laws and Policies Concerning Child and Adolescent Health". The Journal of School Health. 78 (2): 99. doi:10.1111/j.1746-1561.2007.00272_4.x.
  11. American Counseling Association: Office of Public Policy and Legislation (January 2011). "No Child Left Behind: Funding Sources for School Counseling and Mental Health Services": 2.{{cite journal}}: |last= has generic name (help); Cite journal requires |journal= (help)
  12. Hogan, Michael F. "Achieving the Promise: Transforming Mental Health Care in America, Executive Summary" (PDF). Presidential Commission. United States Government. Retrieved 29 October 2011.
  13. Hoover Stephan, Sharon; Mark Weist; Sheryl Kataoka; Steven Adelsheim; Carrie Mills (October 2007). "Transformation of Children's Mental Health Services: The Role of School Mental Health". Psychiatric Services. 58 (10): 1331. doi:10.1176/appi.ps.58.10.1330.
  14. American Counseling Association: Office of Public Policy and Legislation (January 2011). "No Child Left Behind: Funding Sources for School Counseling and Mental Health Services": 2.{{cite journal}}: |last= has generic name (help); Cite journal requires |journal= (help)