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EMOTIONAL DISTURBANCE

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
The child must be assessed in all areas of suspected disability.
The local educational agency must comply with EVALUATION PROCEDURES.
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.
The assessment of emotional or behavioral disturbance, for educational purposes, using psychological techniques and procedures is considered the practice of psychology.
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.
 
EVALUATION PROCEDURES
The written report of evaluation by the group of qualified professionals must include specific recommendations for behavioral supports and interventions.
 
ELIGIBILITY CRITERIA
A child with an emotional disturbance is one who has been determined to meet the criteria for emotional disturbance.
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:
  • An inability to learn that cannot be explained by intellectual, sensory, or health factors;
  • An inability to build or maintain satisfactory interpersonal relationships with peers and teachers;
  • Inappropriate types of behavior or feelings under normal circumstances;
  • A general pervasive mood of unhappiness or depression; or
  • A tendency to develop physical symptoms or fears associated with personal or school problems.
Emotional disturbance does not apply to a child who is socially maladjusted, unless the child also meets the criteria for having an emotional disturbance.
Emotional disturbance includes schizophrenia.
  Last Updated : Wed, Apr 19, 2017