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Serious Emotional Disturbance - 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; or
(E) A tendency to develop physical symptoms or fears associated with personal or school problems.
(F) The term includes schizophrenia but does not apply to children who are socially maladjusted, unless it is determined that they have a serious emotional disturbance;
Eligibility - If a child is suspected of having an serious emotional disturbance, the following evaluation shall be conducted:
(A) An evaluation of the child's emotional and behavioral status, including a developmental or social history, when appropriate;
(B) A medical statement or a health assessment statement indicating whether there are any physical factors that may be affecting the child's educational performance;
(C) The completion of at least two behavior rating scales, at least one of which is a standardized behavior measurement instrument;
(D) An observation in the classroom and in at least one other setting by someone other than the child's regular teacher;
(E) Assessments to determine the impact of the suspected disability:
(i) On the child's educational performance when the child is at the age of eligibility for kindergarten through age 21; or
(ii) On the child's developmental progress when the child is age three through the age of eligibility for kindergarten; and
(F) Additional evaluations or assessments that are necessary to identify the child's educational needs.
For a child suspected of having an serious emotional disturbance, the child shall meet the following minimum criteria:
(A) The child's emotional or behavioral problems shall have existed over an extended period of time; and
(B) The child exhibits one or more of the following:
(i) An inability to learn at a rate commensurate with the child's intellectual, sensory-motor, and physical development;
(ii) An inability to establish or maintain satisfactory inter-personal relationships with peers, parents, or teachers;
(iii) A variety of excessive behavior ranging from hyperactive and impulsive responses to depression and withdrawal;
(iv) Inappropriate types of behavior or feelings under normal circumstances; or
(v) A tendency to develop physical symptoms, pains, or fears associated with personal, social, or school problems.
For a child to be eligible for special education services as a child with an serious emotional disturbance, the child's multidisciplinary team shall determine that:
(A) The child's disability has an adverse impact:
(i) On the child's educational performance when the child is at the age of eligibility for kindergarten through age 21; or
(ii) On the child's developmental progress when the child is age three through the age of eligibility for kindergarten; and
(B) The child needs special education services as a result of the disability;
A child who is socially maladjusted may not be identified as having an serious emotional disturbance unless the child also meets the minimum criteria under subsection (11)(b) of this rule.
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