When a student abuses drugs or alcohol, everything changes, including student mental health treatment.
Although many health and mental health disorders are potentially considered disabilities under special education law, substance use disorder (previously known as drug or alcohol abuse or dependence) is not. In fact, in some states, a student cannot qualify for the Emotional Disturbance category of special education if drug abuse is the primary cause of emotional or behavioral problems.
An article I co-wrote with school attorney Michael Waldspurger, and now available on the website, clarifies the relationship between substance use and special education law and addresses some of the legal issues that can arise when a special education student begins abusing chemicals. To learn more about this important student mental health issue, read Drugs and Disabilities: Conducting Special Education Evaluations of Students Who Abuse Drugs or Alcohol.
Although many health and mental health disorders are potentially considered disabilities under special education law, substance use disorder (previously known as drug or alcohol abuse or dependence) is not. In fact, in some states, a student cannot qualify for the Emotional Disturbance category of special education if drug abuse is the primary cause of emotional or behavioral problems.
An article I co-wrote with school attorney Michael Waldspurger, and now available on the website, clarifies the relationship between substance use and special education law and addresses some of the legal issues that can arise when a special education student begins abusing chemicals. To learn more about this important student mental health issue, read Drugs and Disabilities: Conducting Special Education Evaluations of Students Who Abuse Drugs or Alcohol.
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