The Bazelon Center for Mental Health Law


 

 

Comparison of Definitions

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The federal definition and the alternative definition proposed by national mental health and special education organizations have the following important differences:

Social Maladjustment
Perhaps the most controversial aspect of the federal definition is the exclusion of children with "social maladjustment." "Social maladjustment" has been mistakenly equated in many states with the mental health diagnosis of conduct disorder.49 The alternative definition deletes the reference to social maladjustment and thus eliminates the need to make a meaningless distinction.

Measures of Achievement
The federal definition focuses on academic performance while the alternative definition broadens the criteria used to measure the impact of the child's disorder on educational achievement. It emphasizes the child's adaptive skills that result in an ability to learn.

Cultural Factors
There is no reference in the federal definition to cultural factors that may influence a child's behavior. Cultural traits, behaviors and beliefs are likely to be interpreted as problems to be overcome. This can lead to misidentification and differential placement rates between children of different backgrounds.50 The alternative definition encourages schools to incorporate an assessment of the impact of cultural norms on the child's behavior.

Normative Measures
There is no reference in the federal definition to whether the child's behavior differs substantially from the normal behavior expected of his or her peers, in terms of age and other developmental factors. The alternative definition includes age as well as cultural or ethnic norms.

Behavior in Different Settings
The federal definition fails to acknowledge that children behave differently in different situations, and may react differently in school than they do at home or in the community.51 The alternative definition allows the child's behavior to be assessed in various school settings— classrooms, lunchroom, playground—and, if parents raise these issues, in home and community as well. The alternative definition also safeguards against identifying a child due to behavior that only manifests itself in a particular classroom.

Eliminating Transient Problems
The federal definition requires that certain characteristics be displayed by the child "to a marked degree," but this term is not defined. The federal definition does not discriminate between problems caused by a significant and long-lasting disorder or emotional disturbance and those that are temporary and a natural reaction to a specific event in the child's life. Children with problems that are temporary responses to stress would be excluded under the alternative definition. Those responding to outside events, such as divorce, death or natural disaster, may need mental health counseling but likely are not in need of special education and related services.

Children from Birth to Age Six
The federal definition makes no mention of very young children, ages 0-6, who may have mental/emotional disorders that qualify them for special services under the IDEA. The alternative definition recognizes this age group and makes reference to the need to assess very young children in appropriate settings, such as preschools or day care.

Duration
The federal definition requires that a child exhibit problems for "a long period of time" but does not indicate what this means. The alternative definition deletes this phrase as unnecessary and unhelpful. Instead, the alternative definition measures the significance of the child's disability and its impact on the child's ability to learn.

Pre-Referral Services
The federal definition makes no reference to providing services to children in the regular classroom before identifying them under the IDEA. The alternative definition requires pre-referral interventions, except in cases of obvious serious difficulties. It therefore encourages early preventive measures found through research to be effective.

Diagnosis
The federal definition references schizophrenia as a diagnosis included within this IDEA category. The alternative definition includes a broader but non-exhaustive list of disorders that can qualify a child because classroom programs for children with many mental/emotional disorders have much in common. The longer list of diagnoses would also enable schools to more readily recognize the significant group of children who have a co-morbidity and who qualify under more than one IDEA category. For example, many children with ADHD also have conduct disorders.



Next: The Alternative Definition and Identification Rates

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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@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: webmaster@bazelon.org