OAR 581-015-2145: Emotional Behavior Disability

(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.