In 2011, AB 114 repealed most of AB 3632 and AB 2726, which shifted the responsibility for educationally related mental health services back to school districts. Districts now have to determine when special education students require mental health services and implement those services without unnecessary delay. Accordingly, districts now have to assess special education student's need for mental health services in order to determine if such services are needed. Educationally Related Mental Health Services (ERMHS) are related services. A student qualifies for related services, including ERMHS, only if he/she needs those related services in order to benefit from special education. In other words, a student needs ERMHS services only if they are necessary to enable the student to receive meaningful and appropriate educational benefit. This need must be determined by an assessment, just as with any other related service.
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