EMOTIONAL DISTURBANCE  
 
Authorities:  34 C.F.R. Part 300; Texas Occupations Code, Chapter 501; 19 T.A.C. Chapter 89; 22 T.A.C. Chapter 465
 
 
 
FEDERAL AND STATE REQUIREMENTS CITATIONS
D The child must be assessed in all areas of suspected disability. 300.304(c)(4)

P The local educational agency must comply with EVALUATION PROCEDURES.

P In Texas, the group of qualified professionals that determines whether the child is a child with a disability and the educational needs of the child is the child's ADMISSION, REVIEW, AND DISMISSAL COMMITTEE. 89.1040(b)
89.1050(a)(5)

P The assessment of emotional or behavioral disturbance, for educational purposes, using psychological techniques and procedures is considered the practice of psychology. 22 TAC 465.38(b)(2)

P A person commits an offense if the person engages in the practice of psychology or represents that the person is a psychologist in violation of the Texas Occupations Code. TX Occupations Code 501.503

EVALUATION PROCEDURES


D The written report of evaluation by the group of qualified professionals must include specific recommendations for behavioral supports and interventions. 89.1040(c)(4)

ELIGIBILITY CRITERIA


D A child with an emotional disturbance is one who has been determined to meet the criteria for emotional disturbance. 89.1040(c)(4)

P Emotional disturbance means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects the child's educational performance:
300.8(c)(4)(i)

D
  • An inability to learn that cannot be explained by intellectual, sensory, or health factors;
300.8(c)(4)(i)(A)

D
  • An inability to build or maintain satisfactory interpersonal relationships with peers and teachers;
300.8(c)(4)(i)(B)

D
  • Inappropriate types of behavior or feelings under normal circumstances;
300.8(c)(4)(i)(C)

D
  • A general pervasive mood of unhappiness or depression; or
300.8(c)(4)(i)(D)

D
  • A tendency to develop physical symptoms or fears associated with personal or school problems.
300.8(c)(4)(i)(E)

P Emotional disturbance does not apply to a child who is socially maladjusted, unless the child also meets the criteria for having an emotional disturbance. 300.8(c)(4)(ii)

P Emotional disturbance includes schizophrenia. 300.8(c)(4)(ii)

 
 
Last Updated: Wednesday, April 19, 2017