Sue,
It's all the same. The Federal law specifies five things that can qualify a student for ED or whatever a state calls the category. (This is unnecessarily confusing because the states HAVE to have the category but can re-name them, i.e., "mildly mentally retarded" in one state is "mildly cognitively delayed" in another and "mildly mentally disabled" in a third. Same thing with ED, EBD, SED, SE/BD) AARRGGHH ....what a mess.
Here is the citation in full from C.F.R. §300.7(c)(4). It is unchanged from IDEA 97. Cite to actual law is below.
4) Emotional disturbance is defined as follows:
(i) The term 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.
(E) A tendency to develop physical symptoms or fears associated with personal or school problems.
(ii) The term includes schizophrenia. The term does not apply to children who are socially maladjusted, unless it is determined that they have an emotional disturbance.
(Authority: 20 U.S.C. §1401(3)(A) and (B); 1401(26))
I have bolded everything that seems to apply to difficult child and she is AT RISK for (D). What more would they like??? (for her to leave in my opinion)
Martie
