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When Behavior Leads to Discipline: What IDEA and Kentucky Law Require Schools to Do
Why an IEP Review Is Legally Required — and What That Means for Behavior Supports When a child with a disability begins to receive frequent discipline—office referrals, suspensions, early removals, or changes in placement—it’s easy for parents to feel overwhelmed and unsure of what rights they have. But here is the truth: Federal law (IDEA) and Kentucky special education regulations require a review of the IEP when behavior starts to interfere with learning or results in repe
Mary Patton
Nov 18, 20253 min read


Understanding Behavior Through the Lens of Communication: Why Specialized Crisis Assessment Is Essential
All Behavior is Communication- NON Qualified Professionals Misinterpret This Communication Children with disabilities — including those with Intellectual and Developmental Disabilities (IDD), Autism Spectrum Disorder (ASD), and communication impairments — often experience behavioral crises that look very different from traditional psychiatric emergencies. These children are not “in crisis” in the conventional sense; instead, they are communicating distress in the only ways av
Mary Patton
Oct 27, 20253 min read


From Institutionalization to Inclusion: Why Today’s Mental Health Referrals Feel Like a Step Backward
There was a time — not so long ago — when children with disabilities were not educated in public schools at all. They were labeled as “unfit,” “unmanageable,” or “too difficult.” They were institutionalized, hidden away from their communities, and denied the basic right to learn alongside their peers. The Individuals with Disabilities Education Act (IDEA) was created to end that. To guarantee that every child — regardless of disability — would be given a Free Appropriate Publ
Mary Patton
Oct 27, 20253 min read


When School Counselors Cross the Line: The Legally and Ethically Inappropriate Mental Health Referrals in Kentucky Schools with Disabilities
In schools across Kentucky, we are seeing a disturbing trend: Children with disabilities — often already identified under IDEA or clearly presenting behavioral manifestations of a disability — are being referred for mental health crisis assessments by school counselors or social workers. But these referrals are happening without parental informed consent, without ARC/IEP team input, and without any individualized evaluation of disability-based needs. Instead of relying on the
Mary Patton
Oct 26, 20254 min read


Research that Compares Standard Mental Health Crisis Assessments with Specialized of Disability Informed Approaches
Unfortunately there is an increasing practice of mental health referrals for children with disabilities occurring in public schools. Professionals with no background in special education or working with individuals affected by disabilities are carrying these out. Families raising children with disabilities already carry an extraordinary emotional, physical, and financial load. Their daily lives often revolve around managing appointments, therapies, medication, behavioral su
Mary Patton
Oct 26, 20253 min read


KENTUCKY LAW REFERENCE SHEET: PARENTAL CONSENT FOR MENTAL HEALTH REFERRALS
Understanding KRS 158.191(2)(d) — As Amended by Senate Bill 150 (2023) Prepared by M. Patton | Special Education Advocacy & Consulting 1. The Original Law — KRS 158.191 Before 2023, KRS 158.191 established general parental rights in public education, requiring schools to: Notify parents about certain activities or surveys; Provide access to instructional materials; And recognize parents as the primary decision-makers for their child’s education and well-being. However, the st
Mary Patton
Oct 24, 20252 min read
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