When School Counselors Cross the Line: The Legally and Ethically Inappropriate Mental Health Referrals in Kentucky Schools with Disabilities
- Mary Patton
- Oct 26
- 4 min read
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 protections of IDEA, the process is being bypassed — replaced with blanket mental health referrals, generic forms, and threats of DCBS involvement.
IDEA: What the Law Actually Says
Under the Individuals with Disabilities Education Act (IDEA), schools are required to provide students with disabilities a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE) — and that includes proper evaluation, positive behavior supports, and individualized planning when behavioral challenges arise.
When a child with a disability exhibits behavior — even self-injury or elopement — that is likely a manifestation of their disability, the law does not allow schools to skip the ARC/IEP process and refer the child externally without meeting key legal requirements.
Relevant IDEA Regulations:
34 CFR §300.111 – Child Find: obligation to identify and evaluate students suspected of having a disability
34 CFR §300.300 – Informed parental consent is required before any evaluation
34 CFR §300.304 – Evaluations must use technically sound instruments tailored to the student
34 CFR §300.324(a)(2) – The IEP must include positive behavior supports if behavior interferes with learning
34 CFR §300.503 – Prior Written Notice (PWN) is required before any change in placement, service, or refusal to evaluate
OSEP Memo 11-07 – Response to Intervention (RTI) may not delay or deny evaluation under IDEA
Mental Health Needs Must Be Identified and Addressed in the IEP
If a student with a disability has mental or emotional health needs that impact learning, the school is required to identify and address those needs through the IEP process.
34 CFR §300.304(c)(4): Evaluations must assess the child in all areas related to the suspected disability, including social and emotional status.
34 CFR §300.320(a)(4): The IEP must include appropriate accommodations, supports, and related services to meet the child’s unique needs.
Mental health services can be a “related service” under IDEA (see definition in 34 CFR §300.34), if required for the child to benefit from special education.
Mental Health Services Must Be Individualized — Not Generic Referrals
Schools cannot apply blanket procedures (like defaulting to external crisis referrals) for children whose behavior is a known manifestation of their disability. Instead, they must:
Conduct Functional Behavioral Assessments (FBA) when behavior interferes with learning
(34 CFR §300.324(a)(2)(i))
Implement Behavior Intervention Plans (BIP) based on that assessment
Use school-based supports first, before defaulting to external services
Parental Consent and ARC/IEP Team Involvement Is Required
Any evaluation or change in services — including referring a child for a mental health assessment — is subject to:
Parental Informed Consent (34 CFR§300.300)
Prior Written Notice (34 CFR §300.503)
ARC/IEP team decision-making, not unilateral counselor action
Referrals that bypass the team process may violate FAPE (Free Appropriate Public Education) and procedural safeguards
Schools Must Not Misuse External Referrals to Replace Required Services
If a school refers a child to an outside mental health provider for services that should have been provided through the IEP, this may be:
• A denial of FAPE
• A shift of financial burden to families or Medicaid
• A violation of Child Find if the behavior indicates an unaddressed need
OSEP Guidance: Using RTI or behavior supports may not delay or deny evaluation
(OSEP Memo 11-07)
Kentucky-Specific Ethical Obligations
Kentucky school counselors operate under the Kentucky Framework of Best Practices for School Counselors, which formally incorporates the:
ASCA Ethical Standards for School Counselors (2022)
“Adhere to federal, state and local laws; district policy; and ethical practice when assisting parents/guardians experiencing family difficulties interfering with their student’s welfare.”
— ASCA Standard A.1.e., as adopted by KDE
Let’s be real: IDEA is federal law. That means school counselors are ethically and legally obligated to adhere to it when working with students with disabilities — especially when initiating referrals.
Yet, many counselors are acting outside their scope — misidentifying behaviors stemming from disabilities, applying mental health screenings that are not modified for students with disabilities, and making referrals without considering the student’s IEP or BIP.
Stress, Trauma, and the Fallout
Research is abundantly clear:
Parents of children with disabilities experience significantly higher rates of stress, anxiety, depression, and trauma than other families.
“Parents of children with autism reported significantly greater stress and lower psychological well-being…”
— Hayes & Watson, 2013, Journal of Autism and Developmental Disorders
When a parent is pressured into accepting a mental health referral — often under threat of DCBS or in fear their child will be harmed — the result is compounding trauma, eroded trust, and long-term damage to the family-school relationship.
This is not trauma-informed care.
This is institutional negligence.
Qualified? Not Even Close
Here’s the core truth:
School counselors are not mental health diagnosticians.
Social workers are not qualified to assess children for IDEA eligibility.
Neither role is authorized to initiate external medical referrals for disability-related behavior without IEP team involvement.
Doing so places the child at risk of unnecessary psychiatric hospitalization, mislabeling, and removal from their educational environment — all without due process.
Bottom Line
These mental health referrals are not neutral. They are not harmless. They are not legal.
If a student is known or suspected to have a disability, schools must follow IDEA, and counselors must follow their ethical codes.
Anything else is a denial of FAPE, a violation of parental rights, and an act of harm toward students who deserve individualized, protected, and trauma-informed care.
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