FEDERAL AND STATE REQUIREMENTS
CITATIONS
D
The child must be assessed in all areas of suspected disability.
300.304(c)(4)
1414(b)(3)(B)
GROUP OF QUALIFIED PROFESSIONALS
P
The group must comply with the EVALUATION PROCEDURES framework.
P
The assessment of emotional or behavioral disturbance, for educational purposes, using psychological techniques and procedures is considered the practice of psychology.
22 TAC 465.38(1)(C)
P
A person commits an offense if the person engages in the practice of psychology or represents that the person is a psychologist in violation of the Texas Occupations Code.
TX Occupations Code §501.503
CRITERIA
P
Emotional disturbance includes schizophrenia.
300.8(c)(4)(ii)
D
Emotional disturbance does not include social maladjustment, unless the child also has an emotional disturbance under the other criteria listed below.
300.8(c)(4)(ii)
D
A child may be considered to be a child with an emotional disturbance if:
300.8(c)(4)
89.1040(c)(4)
1401(3)(A)
D
The child exhibits one or more of the following characteristics:
300.8(c)(4)(i)
89.1040(c)(4)
1401(3)(A)
D
An inability to learn that cannot be explained by intellectual, sensory, or health factors;
300.8(c)(4)(i)(A)
89.1040(c)(4)
1401(3)(A)
D
An inability to build or maintain satisfactory interpersonal relationships with peers and teachers;
300.8(c)(4)(i)(B)
89.1040(c)(4)
1401(3)(A)
D
Inappropriate types of behavior or feelings under normal circumstances;
300.8(c)(4)(i)(C)
89.1040(c)(4)
1401(3)(A)
D
A general pervasive mood of unhappiness or depression; or
300.8(c)(4)(i)(D)
89.1040(c)(4)
1401(3)(A)
D
A tendency to develop physical symptoms or fears associated with personal or school problems;
300.8(c)(4)(i)(E)
89.1040(c)(4)
1401(3)(A)
D
The characteristic(s) is/are exhibited by the child:
300.8(c)(4)(i)
89.1040(c)(4)
1401(3)(A)
D
Over a long period of time; and
300.8(c)(4)(i)
89.1040(c)(4)
1401(3)(A)
D
300.8(c)(4)(i)
89.1040(c)(4)
1401(3)(A)
D
The emotional disturbance adversely affects the child's educational performance; and
300.8(c)(4)(i)
89.1040(c)(4)
1401(3)(A)
D
By reason of the emotional disturbance, the child needs special education and related services.
300.8(a)(1)
1401(3)(A)
SPECIFIC RECOMMENDATIONS
D
The group must make specific recommendations for behavioral supports and interventions.
300.306(a)(1)
89.1040(c)(4)
ELIGIBILITY DETERMINATION
P
The DETERMINATION OF ELIGIBILITY must be made by the ARD committee.