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As a High School Teacher, and prospective School Counselor my I believe that it is extremely important to address the mental health needs of students attending public schools. My role involves supporting students in crisis, as well as cultivating an inclusive school environment that encourages students to take ownership of their own social and emotional development.

This guide is intended to help educators of all levels support student mental health in schools.

I chose this topic because school counselors play a large role in addressing the mental health of students in schools, and need to be equipped with the proper knowledge and skills to effectively do so.

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Federal

the U.S. Department of Education oversees school-based mental health initiatives through programs like the School-Based Mental Health Services Grant Program (U.S. DOE, 2025)

The Federal Commission on School Safety promotes trauma informed practices and mental health support as part of school safety promotions. (Blodgett, 2018)

The American School Counselor Association advocates for school counselors and sets professional standards for addressing student mental health. (ASCA, 2022)

State

The Texas Education Agency outlines the role of the school counselor in The Texas Model for Comprehensive School Counseling Programs, and manages the Texas School Mental Health and Behavioral Health Website which provides resources for educators to address mental health issues. (TEA, 2018)

Takeaway

Federal agencies influence mental health initiatives through funding, policy guidance, and setting professional standards. At the state level, TEA holds schools and counselors accountable to compliance with education codes

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Slide 3 Federal and State Constitutional Laws

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Slide 3 Federal and State Constitutional Laws

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Federal Constitutional Laws:

1. Individuals with Disabilities Education Act (IDEA)

Source of Law: 20 U.S.C. § 1400 et seq.

In-text citation: (IDEA, 20 U.S.C. § 1400)

Link: https://sites.ed.gov/idea/statute-chapter-33/subchapter-i/1400

Summary:

Guarantees a Free Appropriate Public Education (FAPE) for students with disabilities, including emotional disturbances.

Requires schools to develop Individualized Education Programs (IEPs).

Mandates least restrictive environment placement and parental involvement.

2. Mental Health Parity and Addiction Equity Act (MHPAEA)

Source of Law: 29 U.S.C. § 1185a

In-text citation: (MHPAEA, 29 U.S.C. § 1185a)

Link: https://uscode.house.gov/view.xhtml?req=(title:29%20section:1185a%20edition:prelim)

Summary:

Requires health insurance plans to offer mental health benefits equal to physical health benefits.

Applies to school-based insurance plans and Medicaid-funded services.

3. Americans with Disabilities Act (ADA)

Source of Law: 42 U.S.C. § 12101 et seq.

In-text citation: (ADA, 42 U.S.C. § 12101)

Link: https://www.law.cornell.edu/uscode/text/42/12101

Summary:

Prohibits discrimination against individuals with mental health conditions.

Requires reasonable accommodations in schools and public services.

Texas State Constitutional Laws

1. Texas Constitution – Article I, Section 3: Equal Rights

Source of Law: Tex. Const. art. I, § 3

In-text citation: (Tex. Const. art. I, § 3)

Link: https://statutes.capitol.texas.gov/Docs/CN/htm/CN.1.htm#1.8

Summary:

Guarantees equal rights to all individuals regardless of disability or mental health status.

Supports nondiscriminatory access to education and mental health services.

2. Texas Constitution – Article I, Section 19: Due Process

Source of Law: Tex. Const. art. I, § 19

In-text citation: (Tex. Const. art. I, § 19)

Link: https://statutes.capitol.texas.gov/Docs/CN/htm/CN.1/CN.1.19.htm

Summary:

Requires fair procedures in mental health treatment and educational placement decisions.

Protects students from arbitrary exclusion or disciplinary action related to mental health.

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Individuals with Disabilities Education Act

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§1400. Short title; findings; purposes

(a) Short title

This chapter may be cited as the "Individuals with Disabilities Education Act".

Congress finds the following:

(1) Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society. Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.

(2) Before the date of enactment of the Education for All Handicapped Children Act of 1975 (Public Law 94-142), the educational needs of millions of children with disabilities were not being fully met because-

(A) the children did not receive appropriate educational services;

(B) the children were excluded entirely from the public school system and from being educated with their peers;

(C) undiagnosed disabilities prevented the children from having a successful educational experience; or

(D) a lack of adequate resources within the public school system forced families to find services outside the public school system.

(3) Since the enactment and implementation of the Education for All Handicapped Children Act of 1975, this chapter has been successful in ensuring children with disabilities and the families of such children access to a free appropriate public education and in improving educational results for children with disabilities.

(4) However, the implementation of this chapter has been impeded by low expectations, and an insufficient focus on applying replicable research on proven methods of teaching and learning for children with disabilities.

(5) Almost 30 years of research and experience has demonstrated that the education of children with disabilities can be made more effective by-

(A) having high expectations for such children and ensuring their access to the general education curriculum in the regular classroom, to the maximum extent possible, in order to-

(i) meet developmental goals and, to the maximum extent possible, the challenging expectations that have been established for all children; and

(ii) be prepared to lead productive and independent adult lives, to the maximum extent possible;

(B) strengthening the role and responsibility of parents and ensuring that families of such children have meaningful opportunities to participate in the education of their children at school and at home;

(C) coordinating this chapter with other local, educational service agency, State, and Federal school improvement efforts, including improvement efforts under the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.], in order to ensure that such children benefit from such efforts and that special education can become a service for such children rather than a place where such children are sent;

(D) providing appropriate special education and related services, and aids and supports in the regular classroom, to such children, whenever appropriate;

(E) supporting high-quality, intensive preservice preparation and professional development for all personnel who work with children with disabilities in order to ensure that such personnel have the skills and knowledge necessary to improve the academic achievement and functional performance of children with disabilities, including the use of scientifically based instructional practices, to the maximum extent possible;

(F) providing incentives for whole-school approaches, scientifically based early reading programs, positive behavioral interventions and supports, and early intervening services to reduce the need to label children as disabled in order to address the learning and behavioral needs of such children;

(G) focusing resources on teaching and learning while reducing paperwork and requirements that do not assist in improving educational results; and

(H) supporting the development and use of technology, including assistive technology devices and assistive technology services, to maximize accessibility for children with disabilities.

(6) While States, local educational agencies, and educational service agencies are primarily responsible for providing an education for all children with disabilities, it is in the national interest that the Federal Government have a supporting role in assisting State and local efforts to educate children with disabilities in order to improve results for such children and to ensure equal protection of the law.

(7) A more equitable allocation of resources is essential for the Federal Government to meet its responsibility to provide an equal educational opportunity for all individuals.

(8) Parents and schools should be given expanded opportunities to resolve their disagreements in positive and constructive ways.

(9) Teachers, schools, local educational agencies, and States should be relieved of irrelevant and unnecessary paperwork burdens that do not lead to improved educational outcomes.

(A) The Federal Government must be responsive to the growing needs of an increasingly diverse society.

(B) America's ethnic profile is rapidly changing. In 2000, 1 of every 3 persons in the United States was a member of a minority group or was limited English proficient.

(C) Minority children comprise an increasing percentage of public school students.

(D) With such changing demographics, recruitment efforts for special education personnel should focus on increasing the participation of minorities in the teaching profession in order to provide appropriate role models with sufficient knowledge to address the special education needs of these students.

(A) The limited English proficient population is the fastest growing in our Nation, and the growth is occurring in many parts of our Nation.

(B) Studies have documented apparent discrepancies in the levels of referral and placement of limited English proficient children in special education.

(C) Such discrepancies pose a special challenge for special education in the referral of, assessment of, and provision of services for, our Nation's students from non-English language backgrounds.

(A) Greater efforts are needed to prevent the intensification of problems connected with mislabeling and high dropout rates among minority children with disabilities.

(B) More minority children continue to be served in special education than would be expected from the percentage of minority students in the general school population.

(C) African-American children are identified as having intellectual disabilities and emotional disturbance at rates greater than their White counterparts.

(D) In the 1998-1999 school year, African-American children represented just 14.8 percent of the population aged 6 through 21, but comprised 20.2 percent of all children with disabilities.

(E) Studies have found that schools with predominately White students and teachers have placed disproportionately high numbers of their minority students into special education.

(A) As the number of minority students in special education increases, the number of minority teachers and related services personnel produced in colleges and universities continues to decrease.

(B) The opportunity for full participation by minority individuals, minority organizations, and Historically Black Colleges and Universities in awards for grants and contracts, boards of organizations receiving assistance under this chapter, peer review panels, and training of professionals in the area of special education is essential to obtain greater success in the education of minority children with disabilities.

(14) As the graduation rates for children with disabilities continue to climb, providing effective transition services to promote successful post-school employment or education is an important measure of accountability for children with disabilities.

The purposes of this chapter are-

(A) to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living;

(B) to ensure that the rights of children with disabilities and parents of such children are protected; and

(C) to assist States, localities, educational service agencies, and Federal agencies to provide for the education of all children with disabilities;

(2) to assist States in the implementation of a statewide, comprehensive, coordinated, multidisciplinary, interagency system of early intervention services for infants and toddlers with disabilities and their families;

(3) to ensure that educators and parents have the necessary tools to improve educational results for children with disabilities by supporting system improvement activities; coordinated research and personnel preparation; coordinated technical assistance, dissemination, and support; and technology development and media services; and

(4) to assess, and ensure the effectiveness of, efforts to educate children with disabilities.

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Section 1400 - Individuals with Disabilities Education Act

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Statute/Regs Main " Statute " Subchapter I (Part A) " 1400§1400. Short title; findings; purposes (a) Short title This chapter may be cited as the "Individuals with Disabilities Education Act".

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Statute: Mental Health Services for Students Act of 2020

Source of Law: Public Health Service Act, 42 U.S.C. § 290hh

In-text citation: (Mental Health Services for Students Act, 42 U.S.C. § 290hh)

Link to Full Text: https://www.congress.gov/bill/116th-congress/house-bill/1109/text

Summary of Legal Requirements:

Provides federal grants to schools for comprehensive mental health services.

Requires services to be trauma-informed, developmentally appropriate, and culturally sensitive.

Encourages partnerships between schools and community-based mental health providers.

Mandates compliance with HIPAA and FERPA for student privacy.

Requires annual reporting and outcome evaluations to ensure accountability.

Administrative Law: 19 Texas Administrative Code (TAC) § 153.1015 – Mental Health Training for School Employees

Source of Law: Texas Administrative Code, Title 19, Part 2, Chapter 153, Subchapter EE, § 153.1015

In-text citation: (19 TAC § 153.1015)

Link to Full Text: https://www.law.cornell.edu/regulations/texas/19-Tex-Admin-Code-SS-153-1015#:~:text=(1)%20A%20school%20district%20may,list%20as%20a%20mental%20health

Summary of Legal Requirements:

Requires all Texas school district employees who regularly interact with students to complete mental health training.

Training must be evidence-based and focus on recognizing and supporting students with mental health or substance use issues.

Applies to a wide range of personnel including teachers, counselors, bus drivers, cafeteria staff, and more.

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Text - H.R.1109 - 116th Congress (2019-2020): Mental Health Services for Students Act of 2019

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To amend the Public Health Service Act to revise and extend projects relating to children and to provide access to school-based comprehensive mental health programs. IN THE HOUSE OF REPRESENTATIVES Mrs.

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Federal Case Law

1. O’Connor v. Donaldson (1975)

Source of Law: U.S. Supreme Court, 422 U.S. 563

In-text citation: (O’Connor v. Donaldson, 1975)

Link: https://caselaw.findlaw.com/court/us-supreme-court/422/563.html

Summary:

Held that a person cannot be involuntarily confined solely due to mental illness unless they pose a danger or cannot survive safely.

Reinforces the principle of least restrictive environment, relevant to school-based mental health placements.

Supports the right to refuse treatment if not dangerous.

2. Youngberg v. Romeo (1982)

Source of Law: U.S. Supreme Court, 457 U.S. 307

In-text citation: (Youngberg v. Romeo, 1982)

Link: https://supreme.justia.com/cases/federal/us/457/307/

Summary:

Established the constitutional right to minimally adequate care and safety for individuals with mental disabilities.

Schools must exercise professional judgment when providing mental health services.

Supports the duty of care in educational settings for students with emotional or behavioral needs.

3. Addington v. Texas (1979)

Source of Law: U.S. Supreme Court, 441 U.S. 418

In-text citation: (Addington v. Texas, 1979)

Link: https://supreme.justia.com/cases/federal/us/441/418/

Summary:

Raised the standard of proof for involuntary commitment to “clear and convincing evidence.”

Influences school protocols for emergency mental health interventions and parental rights.

4. R.F. v. Cecil County Public Schools (2019)

Source of Law: U.S. Court of Appeals, Fourth Circuit, No. 18-1780

In-text citation: (R.F. v. Cecil County Public Schools, 2019)

Link: https://law.justia.com/cases/federal/appellate-courts/ca4/18-1780/18-1780-2019-03-25.html

Summary:

Affirmed that procedural violations of IDEA (e.g., failure to notify parents of placement changes) do not necessarily deny a Free Appropriate Public Education (FAPE).

Reinforces the importance of individualized education plans (IEPs) and parental involvement in mental health-related decisions.

Texas Common Law

1. Texas Judicial Commission on Mental Health (JCMH) Guidance

Source of Law: Texas Supreme Court & Court of Criminal Appeals initiative

In-text citation: (Texas JCMH, 2020)

Link: https://www.txcourts.gov/media/1445767/texas-mental-health-resource-guide-01242020.pdf

Summary:

Promotes collaboration between courts, schools, and mental health providers.

Encourages early intervention and diversion from juvenile justice systems.

Supports legal protections for students with serious emotional disturbances.

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42 CFR Part 51 Protection and Advocacy for Individuals with Mental Illness Program

Source of Law: Code of Federal Regulations, Title 42, Part 51

In-text citation: (42 CFR § 51)

Link to Full Text: https://www.ecfr.gov/current/title-42/chapter-I/subchapter-D/part-51

Summary of Legal Requirements:

Implements the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI).

Applies to federally funded Protection and Advocacy systems in each state.

Requires Protection and Advocacy systems to:

Investigate reports of abuse or neglect in facilities, including schools.

Access student records and facilities when probable cause exists.

Advocate for least restrictive treatment settings and informed consent.

Ensure services are developmentally appropriate and trauma-informed.

Mandates annual reporting and compliance with federal grant administration rules.

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Due to aggressive automated scraping of FederalRegister.gov and eCFR.gov, programmatic access to these sites is limited to access to our extensive developer APIs.

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Slide 7 Local Administrative Laws, Policies, and Rules

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Slide 7 Local Administrative Laws, Policies, and Rules

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Williamson County Behavioral Health Policy via Bluebonnet Trails Community Services

Source of Law: Williamson County Behavioral Task Force in partnership with Bluebonnet Trails Community Services

In-text citation: (Williamson County Behavioral Task Force, 2025)

Link to Full Text/Overview: https://communityimpact.com/austin/georgetown/government/2025/06/25/williamson-county-fills-mental-health-gaps-with-community-based-programs/

Summary of Policy and Requirements:

Allows law enforcement to take individuals in crisis to a BTCS facility instead of jail or ER, reducing unnecessary incarceration and improving access to care.

Includes a Jail-Based Competency Restoration Program that provides mental health and substance use treatment for individuals deemed incompetent to stand trial.

911 dispatch integration imbeds mental health professionals in dispatch centers to respond to mental health crisis.

Through funding by the American Rescue Plan Act allows for temporary housing and care for conflicted youth.

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Williamson County fills mental health gaps with community-based programs

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Bluebonnet Trails Community Services provides a handful of programs which offer a stepping stone to individuals suffering from mental health issues.

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Early Identification and Risk Assessment

1. School counselors should implement tools and protocols to identify students who are at risk for mental health crises and use evidence based screening to detect warning signs of maladaptive behavior. Early detection allows for timely intervention and reduces the likelihood of escalated harm to students or peers.

Collaborative Crisis Response Planning

1. School counselors should develop school wide crisis response protocols that include all stakeholders Staff training and an efficient procedure to address mental health concerns help to create a positive and nurturing environment for all students.

Monitoring and Assessment

1. School counselors should establish systems for continuous monitoring of students receiving mental health support, and use teams of educators to assess risk levels and adjust interventions as needed.

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The ASCA Ethical Standards of School Counselors A.1.a: “School counselors have a primary obligation to the students, who are to be treated with dignity and respect as unique individuals. School counselors provide culturally responsive counseling to students in a brief context and support students and families/guardians in obtaining outside services if students need long-term clinical/mental health counseling" (ASCA, 2022).

School counselors have an ethical responsibility to help student emotional and mental growth and development. School counselors are able to help students integrate into the school setting, but are not equipped to deal with long term individual counseling practices. By advocating for student needs and working with other educators and stakeholders, school counselors can help students can help ensure that all students have equal and equitable access to high quality education.

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Slide 10 Personal Connection to Legal and Ethical Standards

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Slide 10 Personal Connection to Legal and Ethical Standards

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Educators must understand and be able to effectively employ practices that help to improve mental health dispositions and responses in students in order to create an inclusive and welcoming environment for all learners.

Standards set by the federal and state governments, as well as organizations like ASCA, empower school counselors to provide appropriate and crucial developmental services to students. These frameworks have helped me understand the importance of advocating for students’ rights, especially those facing emotional and behavioral challenges, and have shown me how counselors serve as both protectors and facilitators of equitable access to education.

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Slide 11 Recommendations and Best Practices

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Slide 11 Recommendations and Best Practices

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The following are recommendations for supporting student mental health in the school setting.

Implement evidence-based mental health training for all school staff to ensure early identification and appropriate response

Maintain clear documentation of counseling services, referrals, and parent communications.

Refer students to outside clinical services when mental health needs exceed school-based support, and follow up to ensure continuity of care (ASCA, 2022).

Develop and regularly update crisis response protocols that include mental health professionals, administrators, and community partners.

Ensure compliance with federal laws such as ADA and Section 504 by providing reasonable accommodations for students with mental health conditions.

Engage families in the mental health support process through informed consent, collaborative planning, and culturally sensitive communication.

Monitor and reassess student factors and progress and adjust interventions based on current Data.

Stay informed about local policies and community resources, such as Williamson County’s partnership with Bluebonnet Trails, to expand access to care and diversion programs.

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American School Counselor Association. (2022). ASCA ethical standards for school counselors. https://www.schoolcounselor.org/About-School-Counseling/Ethical-Responsibilities/ASCA-Ethical-Standards-for-School-Counselors-(1)

Blodgett, C. (2018). Trauma-informed schools and a framework for action. In J. D. Osofsky & B. M. Groves (Eds.), Violence and trauma in the lives of children: Prevention and intervention (pp. 95–114). Praeger/ABC-CLIO. https://psycnet.apa.org/record/2018-43142-005

Neurolaunch Editorial Team. (2024, September 14). Comprehensive mental health risk assessment strategies. NeuroLaunch. https://neurolaunch.com/risk-assessment-mental-health/

Texas Education Agency. (2018). The Texas model for comprehensive school counseling programs (5th ed.). https://tea.texas.gov/academics/learning-support-and-programs/school-guidance-and-counseling/pub2018texas-model5th-edition.pdf

Texas Education Agency. (n.d.). Mental health and behavioral health. https://tea.texas.gov/about-tea/other-services/mental-health/mental-health-and-behavioral-health

U.S. Department of Education. (2025, July 17). School-Based Mental Health Services Grant Program. Federal Register. https://www.federalregister.gov/documents/2025/07/17/2025-13384/school-based-mental-health-services-grant-program