EMOTIONAL DISTURBANCE

Document items indicate requirements to be documented in the special education process. They can be addressed on forms or by a representative statement in a written dialogue.

Practice items are requirements, which must be reflected in practice.

34 Code of Federal Regulations § 300.304  Evaluation procedures. 

. . . 
(c) Other evaluation procedures. Each public agency must ensure that— 
     . . . 
    (4) The child is assessed in all areas related to the suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities; 
     . . . 


Last Amended:  71 FR 46785, Aug. 14, 2006
Entered:  June 8, 2009

19 Texas Administrative Code § 89.1040. Eligibility Criteria.

. . . 
(b)  Eligibility determination. The determination of whether a student is eligible for special education and related services is made by the student's admission, review, and dismissal committee. Any evaluation or re-evaluation of a student must be conducted in accordance with 34 CFR, §§300.301-300.306 and 300.122. The multidisciplinary team that collects or reviews evaluation data in connection with the determination of a student's eligibility must include, but is not limited to, the following:
(1)  a licensed specialist in school psychology (LSSP), an educational diagnostician, or other appropriately certified or licensed practitioner with experience and training in the area of the disability; or
(2)  a licensed or certified professional for a specific eligibility category defined in subsection (c) of this section.
. . . 

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

19 Texas Administrative Code § 89.1050. The Admission, Review, and Dismissal Committee.

(a)  Each school district must establish an admission, review, and dismissal (ARD) committee for each eligible student with a disability and for each student for whom a full individual and initial evaluation is conducted pursuant to §89.1011 of this title (relating to Full Individual and Initial Evaluation). The ARD committee is the individualized education program (IEP) team defined in federal law and regulations, including, specifically, 34 Code of Federal Regulations (CFR), §300.321. The school district is responsible for all of the functions for which the IEP team is responsible under federal law and regulations and for which the ARD committee is responsible under state law, including the following: 
. . .  
(5)  34 CFR, §§300.302-300.306 (relating to evaluations, re-evaluations, and determination of eligibility); 
. . . 

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

22 Texas Administrative Code § 465.38. Psychological Services for Public Schools.

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


Last Amended:  April 20, 2016, 41 TexReg 2770
Entered:  May 2, 2016
SBS

Texas Occupations Code § 501.503. Criminal Penalty.

(a) 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 this chapter.

(b) An offense under this section is a Class A misdemeanor.

(c) Each day a violation occurs is a separate offense.


Last Amended: 76st Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999
Entered: June 17, 2009
SBS

19 Texas Administrative Code § 89.1040. Eligibility Criteria. 

. . . 
(c)  Eligibility definitions.
. . . 
(4)  Emotional disturbance. A student with an emotional disturbance is one who has been determined to meet the criteria for emotional disturbance as stated in 34 CFR, §300.8(c)(4). The written report of evaluation must include specific recommendations for behavioral supports and interventions.
. . . 

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

19 Texas Administrative Code § 89.1040. Eligibility Criteria. 

. . . 
(c)  Eligibility definitions.
. . . 
(4)  Emotional disturbance. A student with an emotional disturbance is one who has been determined to meet the criteria for emotional disturbance as stated in 34 CFR, §300.8(c)(4). The written report of evaluation must include specific recommendations for behavioral supports and interventions.
. . . 

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

34 Code of Federal Regulations § 300.8  Child with a disability. 

. . . 
(c) Definitions of disability terms. The terms used in this definition of a child with a disability are defined as follows: 
. . . 
   (4)
       (i) 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 a 
child’s educational performance: 
          (A) An inability to learn that cannot be explained by intellectual, sensory, or health factors. 
          (B) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers. 
          (C) Inappropriate types of behavior or feelings under normal circumstances. 
          (D) A general pervasive mood of unhappiness or depression. 
          (E) A tendency to develop physical symptoms or fears associated with personal or school problems. 
. . . 


Last Amended:  82 FR 31912, July 11, 2017
Entered:  July 24, 2017

34 Code of Federal Regulations § 300.8  Child with a disability. 

. . . 
(c) Definitions of disability terms. The terms used in this definition of a child with a disability are defined as follows: 
. . . 
   (4)
       (i) 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 a 
child’s educational performance: 
          (A) An inability to learn that cannot be explained by intellectual, sensory, or health factors. 
. . . 


Last Amended:  82 FR 31912, July 11, 2017
Entered:  July 24, 2017

34 Code of Federal Regulations § 300.8  Child with a disability. 

. . . 
(c) Definitions of disability terms. The terms used in this definition of a child with a disability are defined as follows: 
. . . 
   (4)
       (i) 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 a 
child’s educational performance: 
. . .  
          (B) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers. 
. . . 


Last Amended:  82 FR 31912, July 11, 2017
Entered:  July 24, 2017

34 Code of Federal Regulations § 300.8  Child with a disability. 

. . . 
(c) Definitions of disability terms. The terms used in this definition of a child with a disability are defined as follows: 
. . . 
   (4)
       (i) 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 a 
child’s educational performance: 
. . . 
          (C) Inappropriate types of behavior or feelings under normal circumstances. 
. . . 


Last Amended:  82 FR 31912, July 11, 2017
Entered:  July 24, 2017

34 Code of Federal Regulations § 300.8  Child with a disability. 

. . . 
(c) Definitions of disability terms. The terms used in this definition of a child with a disability are defined as follows: 
. . . 
   (4)
       (i) 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 a 
child’s educational performance: 
. . . 
          (D) A general pervasive mood of unhappiness or depression. 
. . . 


Last Amended:  82 FR 31912, July 11, 2017
Entered:  July 24, 2017

34 Code of Federal Regulations § 300.8  Child with a disability. 

. . . 
(c) Definitions of disability terms. The terms used in this definition of a child with a disability are defined as follows: 
. . . 
   (4)
       (i) 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 a 
child’s educational performance: 
. . . 
          (E) A tendency to develop physical symptoms or fears associated with personal or school problems. 
. . . 


Last Amended:  82 FR 31912, July 11, 2017
Entered:  July 24, 2017

34 Code of Federal Regulations § 300.8  Child with a disability. 

. . . 
(c) Definitions of disability terms. The terms used in this definition of a child with a disability are defined as follows: 
. . . 
   (4)
. . . 
       (ii) Emotional disturbance includes schizophrenia. The term does not apply to children who are socially maladjusted, unless it is determined that they have an emotional disturbance under paragraph (c)(4)(i) of this section. 
. . . 


Last Amended:  82 FR 31912, July 11, 2017
Entered:  July 24, 2017

34 Code of Federal Regulations § 300.8  Child with a disability. 

. . . 
(c) Definitions of disability terms. The terms used in this definition of a child with a disability are defined as follows: 
. . . 
   (4)
. . . 
       (ii) Emotional disturbance includes schizophrenia. The term does not apply to children who are socially maladjusted, unless it is determined that they have an emotional disturbance under paragraph (c)(4)(i) of this section. 
. . . 


Last Amended:  82 FR 31912, July 11, 2017
Entered:  July 24, 2017

§ 89.1040 Eligibility Criteria—FAQ (TEA)

OSEP Letter to Anonymous (November 28, 2007)

OSEP Letter to Delisle (December 20, 2013)

OSEP Memorandum 15-08 to State Directors of Special Education (April 17, 2015)