Emotional Impairment

As defined under federal law at 34 CFR §300.7, the student exhibits one or more or the following characteristics over a long period of time and to a marked degree that adversely affects 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. The determination of disability shall not be made solely because the student's behavior violates the school's discipline code, because the student is involved with a state court or social service agency, or because the student is socially maladjusted, unless the Team determines that the student has a serious emotional disturbance.

Note: The federal definition uses the terminology ‘serious emotional disturbance." State statutory requirements require that the term ‘emotional impairment" be considered synonymous with the term ‘serious emotional disturbance."

Keywords from state and federal definitions: long period of time and to a marked degree adversely affects educational performance, inappropriate types of behavior or feelings under normal circumstances, not solely behavior, not solely court or social service involvement, not solely social maladjustment.

The regulatory definition is by no means exhaustive in its listing of possible characteristics of an emotional impairment. Readers are reminded that many other sources of evidence of emotional impairment may affect educational progress.

SPECIAL CONSIDERATIONS RELATED TO DISABILITY IN DETERMINING ELIGIBILITY

• Team must consider if presentation is due to serious emotional disturbance or social maladjustment

• Willful decision making that does not result from deficits in judgment nor deficits in skill or performance attributable to an emotional impairment may preclude a finding of eligibility

• Voluntary behavior with an absence of remorse that cannot be attributed to an emotional impairment may preclude a finding of eligibility

• Involvement of the court or DYS must be carefully examined and not assumed to represent a finding of disability

• High anxiety is frequently a major component of an emotional impairment and may affect performance measures

• Lack of progress in relation to this type of disability must consider school attendance/school refusal/tardiness; transience; family, personal, or school crisis: and/or possible substance abuse

• High incidence of co-occurrence of behavioral issues, substance abuse issues, or issues of socially inappropriate behavior

POSSIBLE ASSESSMENTS &ASSESSMENT FACTORS

• Behavioral/diagnostic checklists and rating scales

• Projective assessments

• Teacher assessments and interviews

• Observation of student

• Psychiatric assessment

• Psychological assessment or neuropsychological assessment

• Parent interview

• Developmental and social history

• Note: Many psychiatric disabilities are low incidence disabilities. Assessors should have experience and knowledge related to psychiatric disorders in order to determine the nature of an emotional impairment and its impact on the student

Related Terms: Depression, Psychotic Disorders, Bi-Polar Disorder, Obsessive Compulsive Disorder(OCD), Post Traumatic Stress Disorder(PTSD), Mood Disorders, Anxiety Disorder, Personality Disorder