What does emotional disturbance mean
The purpose of Section of the Rehabilitation Act is "to empower individuals with disabilities to maximize employment, economic self-sufficiency, independence and inclusion and integration into society'" 29 United States Code [U. A FAPE is defined as "the provision of regular or special education and related aids and services that 'are designed to meet individual educational needs of persons with disabilities as adequately as the needs of persons without disabilities are met'" 34 C.
Provision of FAPE may require that a student with a disability receive specialized instruction and related services under the protection of the IDEA, which provides an IEP and additional procedural safeguards, while also protecting that student from discrimination. For a child to meet eligibility for special education and related services under the IDEA, the child's disability must adversely affect educational performance.
If this qualifying condition is not met, the child will not be eligible for special education and related services under the IDEA but may be eligible for protections under Section of the Rehabilitation Act. Eligibility under requires that a child have a physical or mental impairment that substantially limits at least one major life activity, which includes walking, seeing, hearing, speaking, breathing, learning, reading, writing, performing math calculations, working, caring for oneself and performing manual tasks.
The defining criterion is that the student has an "impairment' that substantially limits 'one or more' major life activities. A student found eligible under may receive accommodations and modifications to the general education setting or program that are not otherwise available to children who are not disabled. Best practice indicates that school districts document necessary accommodations and modifications in a written Plan. Parents are encouraged to request a written Plan that outlines the appropriate accommodations and modifications.
ED is an educational disability category defined in the IDEA and is not a medical or mental health diagnosis. A student eligible for special education under the IDEA due to an ED does not qualify under , based solely on this special education eligibility determination, in a post high school setting. Eligibility under requires documentation of a physical or mental impairment that substantially limits one or more major life activities. The diagnostic report should include a complete diagnosis and should identify the learning areas impaired by the disability.
The disproportionate representation of culturally and linguistically diverse students in special education has been a concern for over three decades Artiles, Trent, and Palmer, ; Donovan and Cross, ; Dunn, ; National Education Association, These inequities can be found at every level of service delivery as evidenced by academic achievement gaps, disparities in suspension and expulsion, as well as disproportionate identification in special education.
Disproportionality in special education has been described as "the extent to which membership in a given group affects the probability of being placed in a specific special education disability category" Oswald and Coutinho, Disproportionality may manifest as both overrepresentation and underrepresentation of certain groups within a specific category. In Connecticut, a relative index or risk ratio is used to represent possible overrepresentation of students.
Generally, a risk ratio that is between 0. Those that are less than 0. IDEA legislation requires states to collect and examine data on significant disproportionality for purposes of the identification of students in specific disability categories, as well as the education placement decisions made on their behalf based on race and ethnicity, at the state and district level.
Excerpts from findings in the IDEA 's statute note that greater efforts are needed to prevent the problems connected with misidentifying "minority" children and limited English proficient children as having a disability. Nationally, the overrepresentation of African American students receiving special education has been a consistent concern for nearly four decades Gamm, African American students are at a particular risk for disproportionate representation in the ED category and are identified as having mental retardation and ED at rates greater than their white counterparts Gamm, Nationwide, African American and Native American children are 1.
The U. Department of Education reports that, although African American children account for In addition, more students of color continue to receive services in special education than would be expected based on the percentage of students of color in the general school population.
Studies have found that schools with predominantly white students and teachers have disproportionately identified high numbers of students of color in need of special education services. The implication of overrepresentation of students of color in the ED category is directly related to the overrepresentation of African Americans and Latinos in the judicial system at both the juvenile and adult correctional levels.
African American adolescents with a mental health concern are referred to the juvenile justice system more than white adolescents Cauce, Of particular concern is that race seems to play a role in the determination of whether an individual is referred for intervention versus disciplinary action for exhibiting similar difficult behaviors.
Similar levels of risk have been found in Connecticut. According to state level data, African American children have a relative risk index of 1. Interestingly, there is some variability at the district level with a few districts reporting overrepresentation of white students for this category. However, there is some suggestion that overidentification for white students may not have the same negative impact as it does for students of color Cauce, An additional concern is the underrepresentation of some groups.
According to CSDE's data on disproportionality, Asian students are four times relative risk index, There is a tendency to focus on externalizing behaviors rather than internalizing behavior, which may influence the over-representation of African American students and males as well as the underrepresentation of Asian Americans and females in this category.
Given both the overrepresentation of some student groups identified as ED and the disparity in the outcomes for students, eligibility due to ED should be used with caution. The identification of students with ED is particularly problematic and lends itself to racial and other biases given both the ambiguity of the federal definition and the subjectivity of the assessment process.
Critical features of identification may be further influenced by the impact of the teacher-student relationship, for example, who is referred and what behavior is considered most problematic.
In her ethnographic study-examining role of race, class and family, Lareau documents the potential chasm between the cultural and behavioral expectations of American teachers and their students of color. Cultural incongruence between teachers and their students may result in inappropriate referrals and should be carefully examined. Data supports the fact that linguistically diverse students i. For certain subgroups of culturally and linguistically diverse populations, overrepresentation is present at higher rates in specific categories such as intellectually disabled or emotionally disturbed NEA, The IDEA requires that in conducting any evaluation initial or reevaluation , the local education agency LEA must ensure that evaluation materials are selected and administered to not be discriminatory or racially or culturally biased.
Evaluations must be administered in the student's native language or other mode of communication in a form most likely to yield accurate information related to what the child knows and can do academically, developmentally and functionally 34 C. Additionally it is necessary that those administering assessments are trained and knowledgeable 34 C. The IDEA also states that upon completion of evaluation, a child must not be determined to have a disability, if, among other qualifiers, the determinant factor is limited English proficiency 34 C.
It is essential therefore that when the PPT determines that a linguistically diverse student is at risk for an emotional disability and is considering eligibility for special education, that assessments are conducted in the student's dominant spoken language or alternative communication system.
It is important to recognize and minimize bias when interpreters are used and to be cognizant that translated test items can change the difficulty level of the item. When determining eligibility for special education under the category of ED, it is also critical that the PPT consider linguistic differences and cultural influences in the analysis and interpretation of student behavior.
This is especially true in the case of young ELLs who may demonstrate school behaviors such as playing in isolation, not speaking in either language, having trouble with following directions, expressing ideas and feelings, responding to questions consistently and experiencing crying and tantrum behaviors.
Such behaviors may be misinterpreted or mislabeled as emotional or behavioral problems when in fact such behaviors are common to the typical developmental stages related to acquiring a new language. It is therefore critical that PPT members and decision makers have an understanding of the acquisition of a new language and that the information considered by the team is gathered from a variety of sources.
This ensures accurate information about the linguistically diverse student's cultural and family background, knowledge and developmental, functional and academic levels. Such an understanding of the individual student will enable teams to distinguish between behaviors associated with second language acquisition and those that might be indicative of an emotional or behavioral disability Santos.
Connecticut State Department of Education. Behavior modification can involve strategies such as positive reinforcement and incentives to help students learn behaviors that are less disruptive and more socially acceptable. One final tip is likely to benefit both parents and teachers.
Collaborate with other professionals who work with your child or student psychotherapist, behavioral therapist, etc. Featured Programs:. Request Info. Liberty University Featured Program: B. National Eating Disorders Association - NEDA supports individuals and families affected by eating disorders, and serves as a catalyst for prevention, cures and access to quality care.
School Health Chronic Health Developmental Disabilities Emotional Disturbance Emotional Disturbance IDEA definition : Emotional disturbance means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child's educational performance: A An inability to learn that cannot be explained by intellectual, sensory, or health factors.
C Inappropriate types of behavior or feelings under normal circumstances. D A general pervasive mood of unhappiness or depression.
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