Helping Students Succeed (Back to Newsletter Index)
MHAS’ new Skadden
Fellow, Ruth Cusick, talks about her work to help kids with mental disabilities
stay in school and receive the services that will help them succeed.
All too often, students with mental health needs are inappropriately dismissed and suspended from school because of the schools’ failure to provide them with needed mental health assessment and treatment. As a Skadden Fellow at MHAS, I represent students subject to disciplinary proceedings to ensure that they receive psychiatric and behavioral support services to address their disabilities.
Students with mental disabilities have a clear right under the federal Individuals with Disabilities Education Act (IDEA) to access needed services before disciplinary actions are taken. However, the lack of legal representation for these students in disciplinary proceedings and the scarcity of mental health services at the disposal of school administrators result in the improper expulsion, transfer and suspension of many students who can succeed in school if their mental health needs are met.
At the insistence of parents and community groups, the Los Angeles Unified School District (LAUSD) disciplinary code was recently revised to foster positive interventions at an early stage of disciplinary proceedings.[1] However, the new policy doesn’t specifically require psychiatric assessments. My work will capitalize on the opportunities for change brought by the new policy, by enforcing students’ pre-existing rights under the IDEA and monitoring compliance with the improved code. I have partnered with other advocates and community organizations in South Los Angeles to monitor implementation of the new disciplinary policy.
Studies demonstrate that a substantial percentage of students being disciplined through formal school proceedings have an untreated and often undiagnosed mental disability. The statistics are even higher for minority students.[2] Nationally, only 35% of students with emotional disturbances graduate from high school.[3] Adequate educational assessment and referral to psychiatric services not only keep children out of the disciplinary system but also increase their positive life outcomes.
My Skadden Fellowship at MHAS has given me the opportunity to return home to Los Angeles from New York City, where I went to law school at the City University of New York. It was a wonderful gift to attend such an outstanding and inspiring public interest law school as CUNY, but being a Los Angelino who is deeply concerned about L.A. public schools, I always had the intention to begin my legal career in L.A. I’m thrilled to have the opportunity to join the team at MHAS and work on these important issues.
[1] Donnalyn Jaque-Anton, Los Angeles Unified School District Policy Bulletin, “Discipline Foundation Policy: School-Wide Positive Behavior Support.” (Feb. 27, 2007)
[2] UCLA Civil Rights Project studies demonstrate “substantially higher rates of school disciplinary action for minority students with disabilities.” The Civil Rights Project, Racial Inequity in Special Education (2002), available at www.civilrightsproject.ucla.edu.
[3] Press Release, The Southern Poverty Law Center, SPLC Launches “School to Prison Reform Project” to Help At-Risk Children Get Special Education Services, Avoid Incarceration (Sept. 11, 2007).