The Bazelon Center for Mental Health Law


 

 

An Alternative Definition

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In 1989, 30 professional mental health and education associations collaborated to produce an alternative definition that states could substitute for the federal definition. This alternative was later adopted with minor modifications by the Council for Exceptional Children, representing special education teachers of children with emotional disturbance (The alternative definition is presented below).

The alternative definition allows the assessment to focus on the degree of difference in the child's behavior and to establish that a significant impairment exists.47 It does not incorporate the distinction between emotional disturbance and social maladjustment. This definition is structured to be more in line than the current federal definition with other IDEA definitions, particularly those for learning disabilities and mental retardation. It requires the use of normative standards, including culture, which the federal definition ignores. It also requires consideration of the potential value of pre-referral services. While not a panacea for the problem of under-identification, this alternative definition would be at least a partial solution.48

Alternative Definition From Mental Health And Special Education Coalition

(i) The term emotional or behavioral disorder means a disability characterized by behavioral or emotional responses in school so different from appropriate age, cultural or ethnic norms that they adversely affect educational performance. Educational performance includes academic, social, vocational and personal skills. Such a disability:

(A) is more than a temporary expected response to stressful events in the environment;
(B) is consistently exhibited in two different settings, at least one of which is school-related; and
(C) is unresponsive to direct intervention in general education or the child's condition is such that general education interventions would be insufficient.

(ii) Emotional and behavioral disorders can co-exist with other disabilities.

(iii) This category may include children or youth with schizophrenic disorders, affective disorders, anxiety disorders or other sustained disturbances of conduct or adjustment when they adversely affect educational performance in accordance with section (i).



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  Judge David L. Bazelon Center for Mental Health Law
1101 15th Street, NW, Suite 1212
Washington, DC 20005

Phone: 202-467-5730
Fax: 202-223-0409
Email: webmaster at bazelon.org

 
Judge David L. Bazelon Center for Mental Health Law
1101 15th Street, NW, Suite 1212
Washington, DC 20005

Phone: 202-467-5730
Fax: 202-223-0409
Email: webmasteratbazelon.org