A student must be assessed under the IDEA in all areas of suspected disability. Emotional Disturbance or “ED” is one of the areas of eligible disabilities under the IDEA.
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 student'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; and/or
A tendency to develop physical symptoms or fears associated with personal or school problems.
A student need not meet all of these five criteria to be eligible for special education and related services under the IDEA. The student need only exhibit one of the five criteria of the definition of an emotional disturbance. ED includes schizophrenia. However, ED does not apply to a student who is socially maladjusted, unless the student also meets the criteria for having an emotional disturbance.
The District will comply with all requirements set out in state and federal law when conducting an evaluation to determine if a student meets eligibility for an emotional disturbance. See [EVALUATION PROCEDURES]. In addition, the written report of evaluation by the group of qualified professionals (the District and Campus Assessment Personnel) must include specific recommendations for behavioral supports and interventions. 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.
A referral for an evaluation to determine if a student meets the eligibility criteria as a student with an emotional disturbance may be indicated when the District and/or the parent of a student suspects the behavioral characteristics of a student have been significant over time and adversely affect educational performance. Campus or District Assessment Personnel utilize standard evaluation procedures in accordance with the law when planning an initial evaluation and a reevaluation for ED. See [EVALUATION PROCEDURES].
Before referring a student for an ED evaluation, the Campus Special Education Personnel or ARD Committee may consider the following, if appropriate:
Has the District’s general education Positive Behavior Interventions and Supports (PBIS) been tried and what were the results of these interventions? See [CHILD FIND – REFERRAL FOR POSSIBLE SPECIAL EDUCATION SERVICES].
Would consultation with the School Psychologist/LSSP or other professionals potentially be effective in addressing the problem?
Would a Behavior Intervention Plan (BIP) or other behavior interventions address the concern?
Would other District resources effectively improve classroom performance or address the behaviors of concern?
What measures have been tried for a sufficient period of time, in a consistent manner, and what has been the impact on behavior?
A psychological evaluation is normally part of an ED assessment. As such, for any psychological evaluation, if an assessment is recommended, and upon parent request, the Special Education Assessment Personnel conducting the psychological assessment must provide the name and type of test to the parent and how the assessment will be used to develop an appropriate IEP.
In conducting the ED evaluation, information regarding the student’s behavior across various environments will be collected. Campus or District Assessment Personnel will consider the presence of any cultural and/or linguistic differences when evaluating a student for ED and whether the differences may impact the evaluation results. The written report of evaluation should also include:
The type and severity of the emotional disturbance;
The functional implications of the disability for situations involving instruction; and
The degree to which in-school and out-of-school behavior reflects symptoms consistent with the diagnosis and identification of behavior considered to be a direct result of the emotional disability.
Within the evaluation, the behaviors that significantly interfere with the learning or educational progress of the student or that of others must also be identified. Therefore, the evaluation report will frequently include a Functional Behavioral Assessment (FBA). An FBA is a systematic process for describing problem behavior and identifying the environmental factors and surrounding events associated with the problem behavior. The scope and nature of the FBA will depend on the nature and severity of the student’s behaviors. The District or Campus Assessment Personnel will observe the student in various school settings and collect input from staff and members of the ARD Committee, including the parent. The District or Campus Assessment Personnel will consider the data, including interviews conducted with the student and/or parents that provides information about how the student’s environment contributes to positive and problem behaviors, including the antecedents to the behavior. This information will be used to develop a hypothesis about why problem behaviors occur (the function of the behaviors) and will identify replacement behaviors that can be taught and that serve the same purpose for the student.
An FBA is generally understood to be an individualized evaluation of a student to assist in determining eligibility and/or the nature and extent of the special education and related services that the student needs, including the need for a Behavior Intervention Plan (BIP). As such, in most cases, parental consent is required for an FBA. See [EVALUATION PROCEDURES], [CONSENT FOR INITIAL EVALUATION] and [CONSENT FOR REEVALUATION]. The FBA will provide the ARD Committee with information regarding the function of the student’s behavior, factors that may trigger certain behavior, and interventions identified to decrease negative behaviors and increase appropriate behaviors. This information will be reviewed by the ARD Committee when developing a BIP and or behavior goals or accommodations for the student.
In addition, if counseling as a related service is recommended to address any of the targeted behaviors, a counseling evaluation will be included in the FIE. IDEA defines counseling as services provided by qualified social workers, psychologists, guidance counselors, or other qualified personnel. A counseling evaluation should assess the social, emotional, and behavioral problems that are interfering with the student’s ability to benefit from education.
A School Psychologist/Licensed Specialist in School Psychology (LSSP) is responsible for conducting the psychological evaluation. The resulting report should present a coherent rationale to either support or negate a recommendation for special education eligibility as a student with an emotional disability and rule out alternative educational disorders and environmental explanations for the student’s observed behavioral and/or academic difficulties. The report should include recommendations to the ARD Committee regarding eligibility, and, if appropriate, instructional, behavioral, and environmental recommendations for services and supports.
When Campus or District Assessment Personnel complete the evaluation, an ARD Committee meeting, which much include appropriately-qualified Assessment Personnel who can interpret the results, will be held to review the evaluation. Based on the results of the evaluation, the ARD Committee will determine whether the student meets one or more of the five specific characteristics listed above, and whether the student requires special education supports and related services.
Upon completion of the ED evaluation, each member of the evaluation team shall sign the FIE. If the student is eligible for special education as a student with an Emotional Disturbance, a Disability Report in this area will be completed. The diagnosis of a mental health condition alone does not determine eligibility for special education services as a student with an emotional disturbance. Additionally, mood, behavior, or academic problems related solely to drug abuse do not qualify a student as a student with an emotional disturbance. If the student does not meet the eligibility criteria for ED, or any other eligibility criteria under the IDEA, or does not need special education or related services due to his/her disability, Campus Personnel should refer the student to the Campus or District Personnel responsible for compliance with Section 504 to determine whether the student is eligible for accommodations or services as a student with a disability under Section 504.
Should the ARD Committee determine, upon review of the FIE and, where applicable, FBA, that a Behavior Intervention Plan (“BIP”) is necessary to address behaviors for a student with ED, the ARD Committee will develop a BIP or revise a current BIP to reflect the student’s current behavior needs. A BIP is a written plan developed as part of the IEP to address behavioral concerns affecting the student’s educational progress. A BIP is based on the problem behaviors identified in the FIE, identifies events that predict these behaviors, and includes positive interventions to change behaviors and methods of evaluation. If the ARD Committee develops a BIP, a copy of the BIP will be provided to each of the student’s teachers. The purpose of a BIP is to redirect the student’s targeted behaviors to ensure the student can make appropriate progress in light of the student’s unique circumstances. Students with ED typically require a BIP to appropriately address behaviors and provide FAPE.
The District will conduct all necessary initial evaluations and reevaluations to identify this disability condition in accordance with state and federal laws. See [EVALUATION PROCEDURES].
The District will maintain documentation requirements of compliance associated with Texas Student Data System (TSDS), Public Education Information Management System (PEIMS), and State Performance Plan (SPP). District staff will provide training, with follow up, to ensure the documentation required is in place and compliant.
Notice of Evaluation
Consent for Evaluation
Referral Information
Notification of Psychological Tests to Parent
Functional Behavioral Assessment
FIE
BIP
Disability Report: Emotional Disturbance
ARD/IEP
Documentation for the state in TSDS, PEIMS, and SPP
[DISTRICT FORMS]
Quick Guide: Emotional Disturbance - Region 14 ESC
OSEP Letter to Anonymous (Nov. 28, 2007) - U.S. Department of Education
OSEP Letter to Delisle (Dec. 20, 2013) - U.S. Department of Education
Emotional Disturbance - SPEDTEX
34 CFR 300.8(c)(4), 300.111(a)(1)(i), 300.304(c)(4); 19 TAC 89.1040(b)–(c), 89.1050(a)(5); 22 TAC 465.38(b)(2); Texas Occupations Code 501.503