Emotional dis ability defined. For the purpose of this chapter, the term, emotional disability, means a condition that exhibits one or more of the following characteristics to a marked degree over a long period of time:

1. (1) An inability to learn that cannot be explained by intellectual, sensory, or health factors;
2. (2) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers;
3. (3) Inappropriate types of behavior or feelings under normal circumstances;
4. (4) A general pervasive mood of unhappiness or depression; or

5. (5) A tendency to develop physical symptoms or fears associated with personal or school problems.

   The term, emotional disability, includes schizophrenia. The term does not apply to a student who is socially maladjusted unless the individualized education program team determines pursuant to § 24:05:24.01:17 that the student has an emotional disability.

Source: 23 SDR 31, effective September 8, 1996; 26 SDR 150, effective May 22, 2000; 33 SDR 236, effective July 5, 2007 ; 49 SDR 12, effective August 14, 2022 .

General Authority: SDCL 13-37-1.1 .

Law Implemented: SDCL 13-37-1.1 .

Prior versions effective: 2007-07-05.