Notes

Introduction The IDEA and Children with Mental or Emotional Disorders IDEA Identification Rates Inappropriateness of the Federal Definition An Alternative Definition Comparison of Definitions The Alternative Definition and Identification Rates Discussion Recommendations for Action Conclusion Notes Table 1: Number of children 6-21 served under part B, IDEA, compared with estimated number of children with mental disorders and functional Table 2: States' identification rates and modifications to the federal definition of emotional disturbance

1. This law was first enacted in 1975 as Public Law 94-142, and was later renamed the Individuals with Disabilities Act, 20 U.S.C. §1401(a).

2. Raver, C. Cybele, (2002). Emotions Matter: Making the Case for the Role of Young Children’s Emotional Development for Early School Readiness. A Social Policy Report from the Society for Research in Child Development. Available at: www.srcd.org/spr.html

3. Forness, Steven R., & Kavale, Kenneth A. (2001). Reflections on the future of prevention. Preventing School Failure: Heldref Publications, Winter 2001, 75-81.

4. President’s Commission on Excellence in Special Education, (July 1, 2002). A New Era: Revitalizing Special Education for Children and Their Families. 22.

5. Weist, Mark, D., Axelrod Lowie, Jennifer, Flaherty, Lois and Pruitt, David, (2001). Collaboration among education, mental health and public health systems to promote youth mental health. Psychiatric Services. 52:10, 1348-1351.

6. Garfinkle, L. (1977, Spring). Youth with disabilities in the justice system: Integrating disability specific approaches. Focal Point 11 (1), 21-23; and SRI International (1991). Youth with Disabilities: How Are they Doing? The First Comprehensive Report from the National Longitudinal Transition Study of Special Education Students. CA:Menlo Park.

7. Leone, P.E., & Meisel, S. (1997). Improving education services for students in detention and confinement facilities. Children’s Legal Rights Journal, 71 (1), 2-12.

8. Woodruff, Darren, Osher, David, Hoffman, Catherine, et al, Promising Practices in Children’s Mental Health, Volume III: the Role of Education in a System of Care: Effectively Serving Children with Emotional or Behavioral Disorders (1998 Series). U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration, Center for Mental Health Services, Child, Adolescent and Family Branch, Rockville, MD.

9. President’s Commission (2002).

10. Mental Health, Schools and Families Working Together for All Children and Youth: Toward A Shared Agenda, A Concept Paper (2002). National Association of State Mental Health Program Directors and the Policymaker Partnership for Implementing IDEA at the National association of State Directors of Special Education.

11. Weist et al. (2001).

12. When referring to identification under the IDEA, the federal term “emotional disturbance” will be used. When referring more generally to children significant need for mental health services, the term mental and emotional disorders will be used. This term emphasizes the existence of a diagnosable disorder using mental health criteria.

13. Coutinho, M., & Denny, K. (1996). National leadership for children and youth with serious emotional disturbance: Progress and prospects. Journal of Child and Family Studies, 5, 207-227.

14. Kauffman, J.M. (2001). Characteristics of emotional and behavioral disorders (7th ed.). Upper Saddle River, NJ: Prentice-Hall.

15. U.S. Department of Health and Human Services. Mental Health: A Report of the Surgeon General. Rockville, MD: U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration, Center for Mental Health Services, National Institutes of Health, National Institute of Mental Health, 1999.

16. Various terms are used to describe these children in federal and state education regulations and in mental health rules. The federal law and definition refer to children who have “emotional disturbance.” Some states refer to children with “behavioral disorders.” For this report, the term mental and emotional disorders is used. This emphasizes the presence of a health disorder in these children, but is broad enough to include all such disorders.

17. U.S. Department of Education, Twenty-Third Annual Report to Congress on the Implementation of the Individuals with Disabilities Education Act (2001). Washington, D.C.: U.S. Department of Education.

18. Increasing it by only 0.3 percent, bringing the national average of children with emotional disturbance to no more than 1.04 percent.

19. Forness, Steven, & Knitzer, Jane, A New Proposed Definition and Terminology to Replace “Serious Emotional Disturbance” in Individuals with Disabilities Education Act, School Psychology Review, 21:1, 1992. Pp 12-20; and Kidder-Ashley, Pamela, Deni, James R., Azar, Kelly R. & Anderton, Jessica B., How 41 education agencies identify students with emotional problems. Education.1999.119:4, 598-609.

20. Katsiyannis, A., Landrum, T., Bullock, L., & Vinton, L. (1997). Certification requirements for teachers of students with emotional or behavioral disorders: A national survey. Behavioral Disorders, 22, 131-140; Forness, Steven R. (1992) Legalism versus professionalism in diagnosing SED in the public schools. School Psychology Review, 21:1, 29-34; and Forness, S. R., Kavale, K.A., & Lopez, M. (1993). Conduct disorders in the schools: Special education eligibility and comorbidity. Journal of Emotional and Behavioral Disorders, 1, 101-108.

21. Kidder-Ashley et al. (1999); Forness & Knitzer (1992); Forness & Kavale (2001); and Coutinho & Denny (1996).

22. Council for Children with Behavioral Disorders (1990). Position Paper on Provision of Service to Children with Conduct Disorders. Behavioral Disorders, 15, 180-189; Nelson, C.M., Rutherford, R.B., Center, D.B. & Walker, H.M. (1991). Do public schools have an obligation to serve troubled children and youth? Exceptional Children, 57, 406-415; Mattison, R.E., Morales, J., & Bauer, M.A. (1992). Distinguishing characteristics of elementary schoolboys recommended for ED placement. Behavioral Disorders, 17, 107-114; Forness et al. (1993); Maag, J.W., & Howell, K.W. (1992). Special education and the exclusion of youth with social maladjustments: A cultural organizational perspective. Remedial and Special Education, 13, 47-54; Forness, S.R. (1992). Broadening the cultural-organizational perspective in exclusion of youth with social maladjustment: First invited reaction to the Maag and Howell paper. Remedial and Special Education, 13, 55-59; Nelson, C.M., & Rutherford, R.B. (1990). Troubled youth in the public schools: Emotionally disturbed or socially maladjusted? In P.E. Leone (Ed.), Understanding Troubled and Troubling Youth: Multidisciplinary Perspectives, 38-60. Newbury Park, CA: Sage; and Nelson, C. Michael, (1992) Searching for meaning in the behavior of antisocial pupils, public school educators and lawmakers. School Psychology Review, 21:1, 35-39.

23. Cohen, M.K. (1994). Children on the Boundary: The Challenge Posed by Children with Conduct Disorders. Alexandria, VA: National Association of State Directors of Special Education; Forness & Knitzer (1992); pp 12-20; Maag & Howell (1992); and Nelson (1992).

24. Kauffman, J.M. (1999). How we prevent the prevention of emotional and behavioral disorders. Exceptional Children, 65, 448-468.; and Forness & Kavale (2001).

25. Forness & Kavale (2001); and Nelson (1992).

26. Forness & Kavale (2001).

27. Forness & Kavale (2001).

28. Fewer than half of children with emotional disturbance in special education are mainstreamed following identification, (Forness & Knitzer,1992) and two thirds of all special education students in the most restrictive settings are those with emotional disturbance. Skiba, R., & Grizzle, K., (1991). The social maladjustment exclusion: Issues of definition and assessment. School Psychology Review, 20, 577-595; and Forness, Steven R. (1992). Legalism versus professionalism in diagnosing SED in the public schools. School Psychology Review, 21:1, 29-34.)

29. Forness & Kavale (2001) and Forness, S. R., & Kavale, K.A. (2000). Emotional or behavioral disorders. Background and current status of the EBD terminology and definition. Behavioral Disorders, 25, 205-210.

30. Oswald, Donald, Coutinho, Martha and Best, Al M., Community and school predictors of over-representation of minority children in special education. Paper presented at Harvard University Civil Rights Project Conference on Minority Issues in Special Education, Cambridge, Massachusetts. November 17, 2000. Available at www.gse.harvard.edu/news/features/soeced03022001.html.

31. Parrish, Tom, Disparities in the identification, funding and provision of special education. Paper presented at Harvard University Civil Rights Project Conference on Minority Issues in Special Education, Cambridge, Massachusetts. November 17, 2000. Available at www.gse.harvard.edu/news/features/soeced03022001.html.

32. Oswald, Coutinho and Best (2000) and President’s Commission (2002).

33. Kidder-Ashley et al. (1999) and Nelson, Michael C. & Pearson, Cheryll A. (1991), Integrating Services for Children and Youth with Emotional Behavioral Disorders. Council for Exceptional Children. Reston, Virginia.

34. Forness & Knitzer (1992).

35. Forness (1992).

36. Forness & Knitzer (1992).

37. Forness & Knitzer (1992) and Forness & Kavale (2001).

38. Kidder-Ashley, et al. (1999); Forness (1992); Nelson & Pearson (1991); Forness & Knitzer (1992).

39. Forness & Knitzer (1992).

40. Costenbader, Virginia & Buntaine, Roberta (1999). Diagnostic discrimination between social maladjustment and emotional disturbance: An Empirical study. Journal of Emotional and Behavioral Disorders; Austin; Spring 1999, 2; and Claizio, H. (1992). Social maladjustment and emotional disturbance: problems and positions II. Psychology in the Schools, 29, 331-241.

41. Costenbader & Buntaine (1999); Skiba & Grizzie (1991); and Slenkovitch, J.E.; Forness (1992); and Nelson et al. (1991).

42. Costenbader & Buntaine (1999); Forness, S.R., Kavale, K.A., & Lopez, M. (1993). Conduct disorders in the schools: Special education eligibility and comorbidity. Journal of Emotional and Behavioral Disorders 1, 101-108; and Skiba & Grizzle (1991).

43. Forness & Knitzer (1992) and Forness (1992).

44. Kidder-Ashley, et al. (1999); Forness (1992); and Forness & Knitzer (1992); Skiba & Grizzle (1991); and Nelson (1992).

45. Costenbader & Buntaine (1999).

46. Costenbader & Buntaine (1999); Nelson et al. (1991); Council for Children with Behavioral Disorders (1990). Position paper on provision of service to children with conduct disorders. Behavioral Disorders, 15, 180-189; and Forness (1992).

47. Nelson & Pearson (1992).

48. Forness & Kavale (2000).

49. Costenbader & Buntaine Roberta (1999); Forness (1992); and Skiba & Grizzle (1991).

50. See generally Harvard University Civil Rights Project Conference on Minority Issues in Special Education, Cambridge, Massachusetts. November 17, 2000. Available at www.gse.harvard.edu/news/features/soeced03022001.html.

51. Forness & Kavale (2001).

52. Nelson & Pearson (1992).

53. Kidder-Ashley et al. (1999).

54. Kidder-Ashley et al. (1999); Knoff, H.M. (1995). Best practices in personality assessment. In A. Thomas & J. Grimes (Eds.), Best Practices in School Psychology-II , 849-864. Washington, DC: National Association of School Psychologists; and Wright, D., Pillard, E.D., & Cleven, C.A. (1990). The influence of state definitions of behavior disorders on the number of children served under P.L. 94-142. Remedial and Special Education, II, 17-22.

55. Kidder-Ashley et al. (1999) and Knoff (1995).

56. The District of Columbia was excluded from this analysis.

57. U.S. Department of Education, Twenty-Third Annual Report to Congress (2001).

58. Florida, Iowa, Minnesota, Georgia and Wisconsin.

Next: Table 1: States' identification rates and modifications to the federal definition of emotional disturbance