Special Education and Mental Health: Navigating Emotional Disturbance (ED) Eligibility

Episode Summary

In this episode of A Peaceful Path, special education attorney Michelle Becker explores how mental health challenges, such as anxiety, depression, trauma, and school avoidance, are addressed—or overlooked—within the public school system. She breaks down what emotional disturbance (also called emotional disability) eligibility under IDEA really means, how it is assessed, and the legal and educational rights of parents when schools fail to provide appropriate services.

Michelle also highlights the critical difference between private counseling and educationally related mental health services (ERMHS) provided through schools, emphasizing how parents can advocate effectively to ensure their child receives the support they need.

Key Timestamps

00:55 – Defining Emotional Disturbance Under IDEA
03:45 – The Impact of COVID on Student Mental Health
06:22 – The Evaluation Process and Levels of School-Based Mental Health Services
10:48 – Why Private Therapy Is Not a Substitute for School-Based Mental Health Services
13:10 – Practical Accommodations for Students with Anxiety and School Avoidance
15:55 – Parental Concerns About Emotional Disturbance Labels
17:40 – What Parents Can Do If Schools Deny Services

About the Show:

A Peaceful Path is the podcast that empowers parents of children with special needs to navigate the special education system with clarity, courage, and legal insight. Hosted by Michelle Becker, a Los Angeles–based special education attorney, the show covers practical guidance on IEPs, 504 plans, assessments, disputes, and more.

Learn More:

Visit michellebeckerlaw.com to schedule a consultation or explore more resources for special education legal advocacy.