Emotional Disturbance

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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 – OAR 581-015-2145

(1) If a child is suspected of having an emotional disturbance, the following evaluation must be conducted:

(a) Social-emotional evaluation. An evaluation of the child’s emotional and behavioral status, including a developmental or social history, when appropriate.

(b) Medical or health assessment statement. 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) Behavior rating scales. The completion of at least two behavior-rating scales, at least one of which is a standardized behavior measurement instrument;

(d) Observation. An observation in the classroom and in at least one other setting by someone other than the child’s regular teacher;

(e) Other: (A) Any additional assessments necessary to determine the impact of the suspected disability: (i) On the child’s educational performance for a school-age child; or (ii) On the child’s developmental progress for a preschool child; and (B) Any additional evaluations or assessments necessary to identify the child’s educational needs.

(2) To be eligible as a child with an emotional disturbance, the child must meet the following minimum criteria: (a) The child exhibits one or more of the following characteristics over a long period of time and to a marked degree:

(A) An inability to learn that cannot be explained by intellectual, sensory, or other health factors;

(B) An inability to establish or maintain satisfactory interpersonal relationships with peers and teachers;

(C) Excessive behaviors which may include hyperactive and impulsive responses or depression and withdrawal;

(D) Inappropriate types of behavior or feelings under normal circumstances; or

(E) A tendency to develop physical symptoms, pains, or fears associated with personal, social, or school problems.

(3) For a child to be eligible for special education services as a child with an emotional disturbance, the eligibility team must also determine that:

(a) The child’s disability has an adverse impact on the child’s educational performance; and

(b) The child needs special education services as a result of the disability;

(4) A child who is socially maladjusted may not be identified as having an emotional disturbance unless the child also meets the minimum criteria under this rule.

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