HAR §11-147-7. Mental health services--treatment

(a) Mental health treatment services include teacher oriented consultation (TOC), student oriented consultation (SOC), and direct treatment services (DTS). The mental health division children’s staff shall provide any or all of the types of mental health treatment services described in this section to a handicapped child identified as requiring mental health services in order to benefit from special education. (b) TOC mental health services shall be provided by a member of the mental health division children’s staff when consultation with the teacher(s) of handicapped children will assist the teacher(s) in identifying and managing developmental, social, and emotional adjustment problems which handicapped students in a particular classroom may be encountering. The designated mental health division children’s staff member shall also maintain communications with district special education staff whenever necessary or appropriate. 147-9 (c) SOC mental health services shall be provided as a related service when mental health consultation(s) provided by a member of the mental health division children’s staff to the teacher(s) of a particular handicapped student will facilitate the teacher’s ability to provide a therapeutic learning environment for the student in furtherance of specific social, emotional, and behavioral goals included in the child’s IEP. When SOC services are to be or have been included in a student’s IEP, a member of the mental health division children’s staff shall participate in meetings conducted by the department of education concerning that student’s mental health needs. A written report regarding the student’s progress toward the mental health related goals specified in the student’s IEP shall be transmitted to the student’s teacher on a quarterly basis for inclusion in any reports to parents regarding the student’s progress toward all IEP goals. (d) DTS mental health services shall be provided when behavioral, social, or emotional problems, or psychiatric disorders prevent a child from benefitting or limit the child’s ability to benefit from specially designed instruction developed to meet the unique needs of the handicapped child. DTS mental health services include individual therapy, parent counseling and training, group psycho-therapy, behavior therapy, and substance abuse counseling. (1) Direct treatment mental health services will be provided at the student’s school during the regular hours of the school day, unless the unique needs of the student require another arrangement. The mental health division children’s staff member assigned to provide the services shall maintain ongoing communication with the student’s teacher(s) and any other persons providing related services to the student in order to align therapy and counseling goals with educational goals. (2) Written information regarding the student’s progress toward all mental health related goals included in the student’s IEP will be transmitted by the assigned mental health division children’s staff member to the student’s teacher on at least a quarterly basis for inclusion in reports to parents regarding the student’s progress toward all IEP goals. 147-10 (3) The assigned member of the mental health division children’s staff shall participate in meetings, including any IEP conferences, conducted by the department of education concerning a student’s mental health needs whenever direct treatment mental health services have been recommended and included in the student’s IEP. [Eff. April 12, 1984] (Auth: HRS §321-9) (Imp: HRS §301-27; 34 C.F.R. §§300.4, 300.13, 300.345, 300.346, 300.503, 300.532, 300.540-543, 300.552)