Current through Register Vol. 63, No. 12, December 1, 2024
(1) Definition of "Emotional Behavior
Disability": For early childhood and school age special education, "Emotional
Behavior Disability" 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:
(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 an emotional behavior
disability.
(2)
Comprehensive Evaluation: If a child is suspected of having an emotional
behavior disability, a comprehensive evaluation must be conducted for early
childhood or school age special education services, including the following:
(a) Social-emotional evaluation. An
evaluation of the child's emotional and behavioral status, including a
developmental or social history, when appropriate.
(b) Medical examination. If medical
information is needed, documentation of a medical examination 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.
(3) Eligibility
Criteria: To be eligible as a child with an emotional behavior disability for
early childhood or school age special education services, the child must
exhibit 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 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.
(4)
Eligibility Determination: For a child to be eligible for early childhood or
school age special education services as a child with an emotional behavior
disability, the eligibility team must also determine that:
(a) The child has an emotional behavior
disability as defined in this rule; and
(b) By reason thereof, the child requires
early childhood special education (OAR 581-015-2795) or school age special
education (OAR 581-015-2120) services; and
(c) A child who is socially maladjusted may
not be identified as having an emotional behavior disability unless the child
also meets the minimum criteria under this rule.
Statutory/Other Authority: ORS
343.035(1),
343.045,
343.146 &
343.157
Statutes/Other Implemented: ORS
343.035(1),
343.045,
343.146,
343.157,
34 CFR
300.8 &
34 CFR
300.306
