September 2025: 

The MLO Minute: “Mental Health and School Services as We Recognize Suicide Prevention Month” — 

By Dennis McAndrews, Esq., Jacki Lembeck, Esq., and Ally McAndrews, M.Ed. — 

Every September, the National Alliance on Mental Illness (NAMI) and numerous other mental health organizations focus attention upon suicide prevention and mental health issues by raising awareness, spreading hope, and sparking meaningful action among all relevant stakeholders. In our firm’s extensive work every day in special education, we never forget that “education” is far more than “just academics,” as it involves the social, physical, behavioral, and emotional stability and growth of the children and families that we serve. And this is not simply our opinion but is the clear mandate of the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act. Each of these laws and their regulations are clear that “education” involves all these aspects of the lives of children and adolescents in their special education programs.

 

In fact, IDEA expressly states that special education can occur where necessary in hospitals and can require residential treatment programs for children with significant emotional issues. Federal special education law also mandates that public school districts or charter schools provide free psychiatric and medical evaluations for diagnostic purposes where necessary to diagnose a child for eligibility in a special education program, and that services such as psychological counseling, social work services, nursing services, and emotional support programs must be available to children whose emotional needs require them. A great many federal court opinions and hearing officer decisions have reiterated these critical aspects of special education. Unfortunately, families are often inaccurately told that such services are not a school’s responsibility.

 

In recognition of suicide prevention month, NAMI has provided a toolkit to assist families and professionals in addressing this critical mental health issue. https://www.nami.org/wp-content/uploads/2025/08/NAMI-Suicide-Prevention-Month-Toolkit-2025.pdf. This publication provides the following insight from which all of us can benefit:

 

“Suicidal thoughts, like mental health conditions, can affect anyone, regardless of age, gender, or background. While they may be common, they should never be seen as normal. More often than not, they signal deep emotional pain or an underlying mental health concern that deserves understanding, care, and professional support. Yet, suicide is still too often met with silence, stigma, or shame. At NAMI, we believe that silence should never be the response to someone’s pain. That’s why we’re working tirelessly to change that. Our goal is to ensure that individuals, friends, and families have access to the tools, resources, and support they need to talk openly about suicide, recognize warning signs, and seek help without fear or shame. With one conversation, asking someone how they’re really doing — and being ready to truly listen — can save lives. Because here’s what we know: No one has to face this alone. Help exists. Healing is possible. And all it can take is for one person to start a conversation.”

 

Research has provided guidance in addressing suicide prevention. There are many excellent online resources, and the following recommendations for families are critical:

 

• If you see signs, tune in to your child’s thought process. Listen, and look for major changes in behavior
• Realize that your child may be facing suicide risks such as bullying or loss of a friend that you haven’t yet considered
• Do not dismiss everything as “teenage drama”
• Respond with empathy and understanding
• Get help right away – there are many resources through insurance, schools, mental health organizations
• Remove all guns and lethal means from your home and surroundings
• As treatment begins, create an atmosphere of hope
• Encourage healthy relationships and avoid isolation
• Promote sleep and exercise.

 

Our Special Education Attorneys and staff deal with every type of special education issue, and a great many of our clients experience emotional and mental health issues which require a robust response in schools and other venues. We have the experience to help families in all aspects of these circumstances and have had great success over our decades of experience in securing important programs for children to address their emotional needs and to guide families through these issues.

 

In many circumstances, a child with emotional issues has never been identified for special education, and we receive the matter only when serious discipline or truancy is being proposed by a school district or charter school. In these situations, we pursue a child’s eligibility through the “child find” process of special education laws and frequently are able to successfully address discipline or attendance issues and obtain appropriate programs.

 

Our initial consultations are free, and most cases are handled on a contingency basis where families are not charged for our hourly fees as the matter progresses. We welcome the opportunity to serve your family. Click here to contact us today.