Special
Education & Mental Illness
by
Herbert D. Hinkle, Esq.
Herbert D. Hinkle
Law Office
2651 Main Street
Lawrenceville, New Jersey 08648
(609) 896-4200 or (215) 860-2100
Special education
and mental illness is an important issue. Sometimes the level of difficulty
posed by an even comparably mild form of the disability can have a
profound effect.
Consider the case
of Fred R. Fred is 16 years old and has attended public schools all
of his life. During the past two school years, Fred's academic performance
has diminished, along with his ability to organize and perform homework.
He is frequently unwilling to go to school. There has been some experimentation
with drugs, and two short term admissions to psychiatric hospitals.
The parents, after
fruitless efforts to modify Fred's school program, determined in consultation
with several mental health professionals, that Fred required a residential
school that provided a highly structured environment during all waking
hours.
Federal and state
special education law requires school districts to provide a residential
program at no cost to parents when necessary for the pupil to receive
an appropriate education. However, in Fred's case, the school district
argued that his emotional problems were secondary to his history with
drugs. The family argued that the drug involvement was short lived
and a function of an unaddressed disability.
The case was not
tried. Instead, the family settled at mediation, with the district
agreeing to pay about two-thirds of the placement cost of $22,000.
Had there been a trial, the focus would have been upon Fred's educational
progress ("was it meaningful") and if not, whether a residential setting
would be necessary to achieve meaningful progress.
Copyright 1999
H.D. Hinkle. All rights reserved.
Mr. Hinkle maintains
a multi-state law practice with offices in Lawrenceville, Florham
Park, and Marlton, NJ, and Yardley, Pa. Mr. Hinkle and his colleagues
Ira Fingles, and Paul Prior lecture and write frequently on topics
of law, aging, and disability, and are available
to speak to groups in New Jersey and Pennsylvania
at no charge. Call (609) 896-4200.
