5 CCR 3030 - Eligibility Criteria2 CCR 60040 - Referral to Community Mental Health Services f2 CCR 60050 - Individualized Education Program for Mental He2 CCR 60020 - Mental Health DefinitionsA Sample of California Special Education Regulations Related to Students with Emotional Disturbances 5 CCR 3030 - Eligibility Criteria (i) Because of a serious emotional disturbance, a pupil exhibits one or more of the following characteristics over a long period of time and to a marked degree, which adversely affect educational performance: (1) An inability to learn which cannot be explained by intellectual, sensory, or health factors. (2) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers. (3) Inappropriate types of behavior or feelings under normal circumstances exhibited in several situations. (4) A general pervasive mood of unhappiness or depression. (5) A tendency to develop physical symptoms or fears associated with personal or school problems. 2 CCR 60040 - Referral to Community Mental Health Services for Related Services (a) A LEA, IEP team, or parent may initiate a referral for assessment of a pupil's social and emotional status pursuant to Section 56320 of the Education Code. Based on the results of assessments completed pursuant to Section 56320, an IEP team may refer a pupil who has been determined to be an individual with exceptional needs or suspected of being an individual with exceptional needs as defined in Section 56026 of the Education Code and who is suspected of needing mental health services to a community mental health service when a pupil meets all of the criteria in paragraphs (1) through (5) below. Referral packages shall include all documentation required in subsection (b) and shall be provided within five (5) working days of the LEA's receipt of parental consent for the referral of the pupil to the community mental health service. (1) The pupil has been assessed by school personnel in accordance with Article 2, commencing with Section 56320, of Chapter 4 of Part 30 of the Education Code. (2) The LEA has obtained written parental consent for the referral of the pupil to the community mental health service, for the release and exchange of all relevant information between the LEA and the community mental health service, and for the observation of the pupil by qualified mental health professionals in an educational setting. (3) The pupil has emotional or behavioral characteristics that: (A) Are observed by qualified educational staff as defined in subsection (x) of Section 3001 of Title 5 of the California Code of Regulations in educational and other settings, as appropriate. (B) Impede the pupil from benefiting from educational services. (C) Are significant, as indicated by their rate of occurrence and intensity. (D) Are associated with a condition that cannot be described solely as a social maladjustment as demonstrated by deliberate noncompliance with accepted social rules, a demonstrated ability to control unacceptable behavior and the absence of a treatable mental disorder. (E) Are associated with a condition that cannot be described solely as a temporary adjustment problem that can be resolved with less than three months of school counseling.2 (4) As determined using educational assessments, the pupil's functioning, including cognitive functioning, is at a level sufficient to enable the pupil to benefit from mental health services. (5) The LEA has provided counseling, psychological, or guidance services to the pupil pursuant to Section 56363 of the Education Code, and the IEP team has determined that the services do not meet the pupil's educational needs; or, in cases where these services are clearly inappropriate, the IEP team has documented which of these services were considered and why they were determined to be inappropriate. (b) When referring a pupil to a community mental health service in accordance with subsection (a), the LEA or the IEP team shall provide the following documentation: (1) Copies of the current IEP, all current assessment reports completed by school personnel in all areas of suspected disabilities pursuant to Article 2, commencing with Section 56320, of Chapter 4 of Part 30 of the Education Code, and other relevant information, including reports completed by other agencies. (2) A copy of the parent's consent obtained as provided in subsection (a)(2). (3) A summary of the emotional or behavioral characteristics of the pupil, including documentation that the pupil meets the criteria in paragraphs (3) and (4) of subsection (a). (4) A description of the school counseling, psychological, and guidance services, and other interventions that have been provided to the pupil, including the initiation, duration and frequency of the services, or an explanation of why a service was considered for the pupil and determined to be inappropriate. (c) Based on preliminary results of assessments performed pursuant to Section 56320 of the Education Code, a LEA may refer a pupil who has been determined to be or is suspected of being an individual with exceptional needs, and is suspected of needing mental health services, to a community mental health service when a pupil meets the criteria in paragraphs (1) and (2) below. Referral packages shall include all documentation required in subsection (d) and shall be provided within one (1) working day to the community mental health service. (1) The pupil meets the criteria in paragraphs (2) through (4) of subsection (a). (2) School counseling, psychological and guidance services are clearly inappropriate in meeting the pupil's needs. (d) When referring a pupil to a community mental health service in accordance with subsection (c), the LEA shall provide the following documentation: (1) Results of preliminary assessments, including those conducted by school personnel in accordance with Article 2, commencing with Section 56320, of Chapter 4 of Part 30 of the Education Code, to the extent they are available, and other relevant information, including reports completed by other agencies. (2) A copy of the parent's consent obtained as provided in paragraph (2) of subsection (a). (3) A summary of the emotional or behavioral characteristics of the pupil, including documentation that the pupil meets the criteria in paragraphs (3) and (4) of subsection (b). (4) An explanation as to why school counseling,