Authority: IC 20-19-2-8; IC 20-19-2-16

Affected: IC 20-19-2; IC 20-35

Sec. 7. (a) "Emotional disability" means an inability to learn or progress that cannot be explained by cognitive, sensory, or health factors. The student exhibits one (1) or more of the following characteristics over a long period of time and to a marked degree that adversely affects educational performance:

1. (1) A tendency to develop physical symptoms or fears associated with personal or school problems.
2. (2) A general pervasive mood of unhappiness or depression.
3. (3) An inability to build or maintain satisfactory interpersonal relationships.
4. (4) Inappropriate behaviors or feelings under normal circumstances.
5. (5) Episodes of psychosis.

(b) Eligibility for special education as a student with an emotional disability shall be determined by the student's CCC. This determination shall be based on the multidisciplinary team's educational evaluation report described in 511 IAC 7-40-5(e), which includes the following:

1. (1) An assessment of the following:

   1. (A) Current academic achievement as defined at 511 IAC 7-32-2.
   2. (B) Emotional and behavioral functioning.

2. (2) A social and developmental history that may include, but is not limited to, the following:

   1. (A) Communication skills.
   2. (B) Social interaction skills.
   3. (C) Responses to sensory experiences.
   4. (D) Relevant family and environmental information.
   5. (E) Patterns of emotional adjustment.
   6. (F) Unusual or atypical behaviors.
3. (3) A functional behavior assessment as defined at 511 IAC 7-32-41 that includes an analysis of any interventions used to address the behaviors leading to the referral for the educational evaluation.
4. (4) Available medical and mental health information that is educationally relevant.

5. (5) Any other assessments and information, collected prior to referral or during the educational evaluation, necessary to:

   1. (A) address whether the student's inability to learn or progress is caused by:

      1. (i) cognitive;
      2. (ii) sensory; or
      3. (iii) health factors;
   2. (B) determine eligibility for special education and related services; and
   3. (C) inform the student's CCC of the student's special education and related services needs.

(Indiana State Board of Education; 511 IAC 7-41-7; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRA; readopted filed Nov 6, 2014, 3:23 p.m.: 20141203-IR-511140382RFA; readopted filed Dec 1, 2020, 1:48 p.m.: 20201230-IR-511200548RFA)