Legal Memorandum on Trauma, Schools and Poverty: Inquiry into Emotional Disturbance Classification for Children
Kaitlyn Maltese
February 2017
This paper is the third in a series of legal memos presented as part of the Center on Law in Metropolitan Equity's (CLiME) participation in the Trauma, Schools, and Poverty project.
What is the practical reality of “emotional disturbance” classifications under the IDEA?
The vagueness and ambiguous nature of the “emotional disturbance” classification under the IDEA fails to accurately identify children affected by trauma as well as provide beneficial and effective services for those who do qualify.
Emotional Disturbance (“E.D.”) is defined as a “condition exhibiting [at least one of five] characteristics over a long period of time and to a marked degree that adversely affects a child’s educational performance.” A child needs to exhibit one or more of the following characteristics to qualify as E.D.:
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 generally pervasive mood of unhappiness or depression;
A tendency to develop physical symptoms or fears associated with personal or school problems.
However, the statute has an exclusionary clause, excluding children who are “socially maladjusted.” In other words, if a student “cannot form social relations[hips], attend school regularly, or control behavior, yet performs well academically, the child’s disability will not be found to adversely impact [the student’s] educational performance.” That student would not be classified as E.D. and, thus, not eligible for services under the Individuals with Disabilities Education Act (“IDEA”), even though he or she may benefit from them.
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