Current through Register Vol. 48, No. 39, March 25, 2024
Subpart
1.
Definition.
"Emotional or behavioral disorders" means an established
pattern of one or more of the following emotional or behavioral
responses:
A. withdrawal or anxiety,
depression, problems with mood, or feelings of self-worth;
B. disordered thought processes with unusual
behavior patterns and atypical communication styles; or
C. aggression, hyperactivity, or impulsivity.
The established pattern of emotional or behavioral responses
must adversely affect educational or developmental performance, including
intrapersonal, academic, vocational, or social skills; be significantly
different from appropriate age, cultural, or ethnic norms; and be more than
temporary, expected responses to stressful events in the environment. The
emotional or behavioral responses must be consistently exhibited in at least
three different settings, two of which must be educational settings, and one
other setting in either the home, child care, or community. The responses must
not be primarily the result of intellectual, sensory, or acute or chronic
physical health conditions.
Subp. 2. [Repealed, 26 SR 657]
Subp. 2a.
Criteria.
A pupil is eligible and in need of special education and
related services for an emotional or behavioral disorder when the pupil meets
the criteria in items A to C.
A. A
pupil must demonstrate an established pattern of emotional or behavioral
responses that is described in at least one of the following subitems and which
represents a significant difference from peers:
(1) withdrawn or anxious behaviors, pervasive
unhappiness, depression, or severe problems with mood or feelings of self-worth
defined by behaviors, for example: isolating self from peers; displaying
intense fears or school refusal; overly perfectionistic; failing to express
emotion; displaying a pervasive sad disposition; developing physical symptoms
related to worry or stress; or changes in eating or sleeping
patterns;
(2) disordered thought
processes manifested by unusual behavior patterns, atypical communication
styles, or distorted interpersonal relationships, for example: reality
distortion beyond normal developmental fantasy and play or talk; inappropriate
laughter, crying, sounds, or language; self-mutilation, developmentally
inappropriate sexual acting out, or developmentally inappropriate
self-stimulation; rigid, ritualistic patterning; perseveration or obsession
with specific objects; overly affectionate behavior towards unfamiliar persons;
or hallucinating or delusions of grandeur; or
(3) aggressive, hyperactive, or impulsive
behaviors that are developmentally inappropriate, for example: physically or
verbally abusive behaviors; impulsive or violent, destructive, or intimidating
behaviors; or behaviors that are threatening to others or excessively
antagonistic.
The pattern must not be the result of cultural factors, and
must be based on evaluation data which may include a diagnosis of mental
disorder by a licensed mental health professional.
B. The pupil's pattern of emotional or
behavioral responses adversely affects educational performance and results in:
(1) an inability to demonstrate satisfactory
social competence that is significantly different from appropriate age,
cultural, or ethnic norms; or
(2) a
pattern of unsatisfactory educational progress that is not primarily a result
of intellectual, sensory, physical health, cultural, or linguistic factors;
illegal chemical use; autism spectrum disorders under part
3525.1325; or inconsistent
educational programming.
C. The combined results of prior documented
interventions and the evaluation data for the pupil must establish significant
impairments in one or more of the following areas: intrapersonal, academic,
vocational, or social skills. The data must document that the impairment:
(1) severely interferes with the pupil's or
other students' educational performance;
(2) is consistently exhibited by occurrences
in at least three different settings: two educational settings, one of which is
the classroom, and one other setting in either the home, child care, or
community; or for children not yet enrolled in kindergarten, the emotional or
behavioral responses must be consistently exhibited in at least one setting in
the home, child care, or community; and
(3) has been occurring throughout a minimum
of six months, or results from the well-documented, sudden onset of a serious
mental health disorder diagnosed by a licensed mental health
professional.
Subp.
3.
Evaluation.
A.
The evaluation findings in subpart
2a must be supported by
current or existing data from:
(1) clinically
significant scores on standardized, nationally normed behavior rating
scales;
(2) individually
administered, standardized, nationally normed tests of intellectual ability and
academic achievement;
(3) three
systematic observations in the classroom or other learning
environment;
(4) record
review;
(5) interviews with parent,
pupil, and teacher;
(6) health
history review procedures;
(7) a
mental health screening; and
(8)
functional behavioral assessment.
The evaluation may include data from vocational skills
measures; personality measures; self-report scales; adaptive behavior rating
scales; communication measures; diagnostic assessment and mental health
evaluation reviews; environmental, socio-cultural, and ethnic information
reviews; gross and fine motor and sensory motor measures; or chemical health
assessments.
B.
Children not yet enrolled in kindergarten are eligible for special education
and related services if they meet the criteria listed in subpart
2a, items A, B, and C,
subitems (2) and (3). The evaluation process must show developmentally
significant impairments in self-care, social relations, or social or emotional
growth, and must include data from each of the following areas: two or more
systematic observations, including one in the home; a case history, including
medical, cultural, and developmental information; information on the pupil's
cognitive ability, social skills, and communication abilities; standardized and
informal interviews, including teacher, parent, caregiver, and child care
provider; and standardized adaptive behavior scales.