Individuals with Disabilities Education Act (IDEA) and Mental Health Services

L.J. v. Pittsburg Unified Sch. Dist., No. 14-16139, 2016 U.S. App. LEXIS 16201 (9th Cir. Sep. 1, 2016)

Ninth Circuit rules that a student was eligible for special education services based on prior psychiatric hospitalizations and suicide attempts even though those incidents occurred outside the school environment, and directs that an individualized education plan be developed for the student despite findings that the student was performing well at school.

Background: L.J. was a primary school student exhibiting behavioral problems in grades two through five. L.J.’s mother repeatedly requested that the school district find L.J. eligible for special education under the IDEA, but the requests were denied. Through mediation, the school district agreed to transfer L.J. to another school, provide one-onone counseling through a paraeducator, and provide an assessment by a school psychologist. Despite the services provided, L.J. continued to act out violently and made two suicide attempts resulting in his confinement to a psychiatric hospital, which caused him to miss six school days. L.J.’s mother filed a request for a due process hearing claiming the school district failed to provide a Free Appropriate Public Education (FAPE) by denying L.J special education services and that the district failed to make requested records relating to L.J.’s counseling available. An administrative law judge ruled that L.J. did not have any qualifying disabilities and even if he had such qualifying disabilities, L.J. was not eligible for special education services because his academic performance was satisfactory when he was able to attend school. On appeal, the district court ruled that L.J. had qualifying disabilities, but did not need special education services because of his satisfactory academic performance. 

Holding: The Ninth Circuit reversed and held that the student was eligible for special education services. The court ruled that the student exhibited a need for services because his improved performance was due to his receipt of special education services, and that the student's psychiatric hospitalizations and suicide attempts were relevant to his eligibility for specialized instruction even though they occurred outside the school environment. The court also held that the school district committed procedural violations of the IDEA by failing to disclose school records and failing to conduct a health assessment.

Notable Point:

Qualifications for special education services: The court explained that a student with qualifying disabilities is nonetheless ineligible for special education services if support provided through general education services is sufficient to address the needs of the student. The Ninth Circuit ruled that the lower courts mischaracterized the specialized services L.J. was receiving as falling under general education services.

Found in DMHL Volume 35, Issue 3

Sentencing of Persons with Mental Illness

United States v. Kluball, 843 F.3d 716 (7th Cir. 2016)

Seventh Circuit holds a defendant’s history of mental illness and ineffective treatment can be considered by the sentencing judge as a prediction of the potential for future misconduct without violating the defendant’s due process rights when reasonably based on factually accurate information.

Background: Alexander Klubal pled guilty and was sentenced to 10-years confinement for transporting a 17-year-old girl across state lines to engage in prostitution. A presentence report detailed Kluball’s history of mental illness, which included diagnoses of oppositional defiant disorder, attention deficit hyperactivity disorder, bipolar disorder, posttraumatic stress disorder, and depression. Klubal had received counseling, was hospitalized several times, and was treated with drugs including Adderall, Depakote, Eskalith, Fluoxetine, lithium, Prozac, Remeron, Ritalin, Seroquel, Strattera, Valium, Zoloft, Zydis, and Zyprexa. None of the treatments succeeded or lasted very long. During sentencing, the judge remarked that Kluball’s history of mental illness did not alleviate any responsibility for his crimes and suggested that mental health treatment would not have a lasting impact on his ability refrain from engaging in criminal conduct in the future. The judge then sentenced Kluball to the statutory maximum of 10 years. Kluball appealed the sentence, challenging the judge’s assertion that treatment would not have a lasting impact on his conduct as a violation of his due process rights.

Holding: The Seventh Circuit affirmed the 10-year sentence finding no violation of due process.

Notable Point:

Sentencing: The Seventh Circuit explained that during sentencing judges are routinely required to make predictions about a defendant’s future conduct and response to treatment. The court explained that such predictions do not violate due process when they are based on accurate information rather than unsupported speculation. The court was satisfied that Kluball’s history of mental illness and response to past treatment was factually accurate and sufficient to support the judge’s predictions about Kluball’s future conduct.

Found in DMHL Volume 35, Issue 4