A student may be identified as having an emotional disability if the following requirements are met:

1. (1) The student demonstrates serious behavior problems over a long period of time, generally at least six months, with documentation from more than one source of the frequency and severity of the targeted behaviors;
2. (2) The student's symptoms cause significant impairment in social, emotional, behavioral, occupational, or other areas; and

3. (3) An adverse effect on educational performance is verified through the full and individual evaluation procedures as provided in § 24:05:25:04.

   A student may not be identified as having an emotional disability if common disciplinary problem behaviors, including truancy, smoking, or breaking district policy, are the sole criteria for determining the existence of 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; 36 SDR 96, effective December 8, 2009; 40 SDR 40, effective September 11, 2013 ; 49 SDR 12, effective August 14, 2022 .

General Authority: SDCL 13-37-1.1 , 13-37-52 .

Law Implemented: SDCL 13-37-1.1 , 13-37-52 .

Prior versions effective: 2013-09-11.