Emotional Disturbance (ED) Eligibility

Sec. 300.8 (c) (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:

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 exhibited in several situations .
A general pervasive mood of unhappiness or depression.
A tendency to develop physical symptoms or fears associated with personal or school problems.

(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.

NOTE: A student needs only to exhibit one of the 5 criteria ... but it must be “to a marked degree” for “a long period of time”

WHAT CONSTITUTES “A LONG PERIOD OF TIME?”

Neither IDEA nor its regulations define this phrase ... OSEP has taken the position that the “time period” should be between two and nine months, assuming preliminary interventions have been implemented and proven ineffective during that period.

WHAT DOES “TO A MARKED DEGREE” MEAN? ... once again, neither IDEA nor its regulations provide a definition ... OSEP’s position: “it generally refers to the frequency, duration or intensity of a student’s emotionally disturbed behavior in comparison to the behavior of his peers ...”

WHAT ARE “INAPPROPRIATE TYPES OF BEHAVIORS OR FEELINGS?” ... According to OSEP, inappropriate behavior under normal circumstances is behavior that is atypical for the student and for which no observable reasons exist.

KEY POINTS:

ED does not apply to students who are socially maladjusted (e.g. stealing, skipping school or class, drug use)

ED does not apply if there are problems at home or out-of-school ... a student’s out-of-school behavior is not a basis for eligibility.

Mood, behavior, or academic problems related solely to drug abuse do not qualify a student as ED.

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