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EMOTIONAL
DISTURBANCE
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FEDERAL
AND STATE REQUIREMENTS |
CITATIONS |
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The evaluation is completed by a multidisciplinary
team as part of a
FULL
AND INDIVIDUAL EVALUATION.
Document the members
of the multidisciplinary team.
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89.1040(b)
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The multidisciplinary
team that collects or reviews evaluation data includes, but is not limited
to:
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89.1040(b)(1)
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- A licensed specialist
in school psychology (LSSP).
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89.1040(b)(1)
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- OR, an educational
diagnostician.
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89.1040(b)(1)
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- OR, other appropriately
certified or licensed practitioner with experience and training in the
area of the disability.
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89.1040(b)
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The assessment of
emotional or behavioral disturbance, for educational purposes, using psychological
techniques and procedures is considered the practice of psychology.
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22
TAC 465.38(1)(C)
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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.
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TX Occupations Code
501.503
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Determine whether
the student has a condition exhibiting one or more of the following characteristics:
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300.7(c)(4)(i)
89.1040(c)(4)
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- An inability to
learn that cannot be explained by intellectual, sensory, or health factors.
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300.7(c)(4)(i)(A)
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- An inability to
build or maintain satisfactory interpersonal relationships with peers
and teachers.
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300.7(c)(4)(i)(B)
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- Inappropriate types
of behavior or feelings under normal circumstances.
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300.7(c)(4)(i)(C)
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- A general pervasive
mood of unhappiness or depression.
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300.7(c)(4)(i)(D)
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- A tendency to develop
physical symptoms or fears associated with personal or school problems.
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300.7(c)(4)(i)(E)
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Determine whether
characteristics:
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- Are exhibited
over a long period
of time.
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300.7(c)(4)(i)
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- Are exhibited to a marked degree.
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300.7(c)(4)(i)
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- Adversely affect
educational performance creating a need for special education (i.e.,
specially designed instruction) and related services.
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300.7(a)
300.7(c)(4)(i)
300.26(a)(1)(i)
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Determine that the
behaviors are not the result of social maladjustment.
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300.7(c)(4)(ii)
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Include specific recommendations
for behavioral supports and interventions.
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89.1040(c)(4)
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The
determination of whether a student is eligible for special education
and related services
is made by the student’s
ARD Committee,
including the parents. The district shall ensure
that the ARD committee for each student with a disability includes
the required members. All special education
and related service personnel shall be certified, endorsed, or licensed
in the area(s) of assignments.
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89.1131(a)
89.1040(b)
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A student with a disability who is 18 years of age
or older or whose disabilities of minority have been removed for general
purposes under Chapter 31, Family Code, shall have the same right to make
educational decisions as a student without a disability, except that the
school district shall provide any notice required by IDEA, Part B to both
the student and the parents. All other rights accorded to parents
under IDEA, Part B transfer to the student. All rights accorded to
parents under IDEA, Part B transfer to students who are incarcerated in an
adult or juvenile, state or local correctional institution. See
Notice of Transfer of Parental
Rights. |
TEC 29.017 |