Identification

Students who meet eligibility requirements for EBD are a diverse population with a wide range of intellectual and academic abilities. EBD is one of 13 categories of disability specified in IDEA. A child with EBD may be eligible for public school special education and related services. These services can be of tremendous help to students who have EBD. However, the above signs, characteristics, and diagnoses do not necessarily indicate that a student qualifies for services under IDEA. A thorough, comprehensive evaluation must be conducted to determine eligibility under IDEA. A team of qualified professionals, including parents and caregivers,   determines whether a student meets the criteria in one of the 13 areas inclusive of EBD and needs special education services (IDEA, 2004). The remainder of this section highlights information on two definitions of EBD. The first involves the federal definition, and the second involves Minnesota’s interpretation. Those who plan to work in other states may also want to research what the respective state says.

Federal

This section is adapted from the Center for Parent Information and Resources (2017). Categories of Disability under IDEA.

Our nation’s special education law, the Individuals with Disabilities Education Act (IDEA), defines emotional disturbance (also known as EBD) as follows:

… 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:

1. An inability to learn that cannot be explained by intellectual, sensory, or health factors
2. An inability to build or maintain satisfactory interpersonal relationships with peers and teachers
3. Inappropriate types of behavior or feelings under normal circumstances
4. A general pervasive mood of unhappiness or depression
5. A tendency to develop physical symptoms or fears associated with personal or school problems

This term includes schizophrenia. The term does not apply to socially maladjusted children unless it is determined that they have an emotional disturbance.

Minnesota

In Minnesota, the legislature adopted the term EBD instead of emotional disturbance and created additional safeguards (Minnesota Revisor, 2007). For students to receive special education services in Minnesota under the EBD disability category, the legislature also added additional protections beyond what is written in IDEA. These protections are designed partly to address trends that indicate males, students of color, and economically disadvantaged students, all of whom are overrepresented in the EBD population, nationally and in Minnesota (Schiltz & Young, 2022). Students with EBD are more likely to live in single-parent homes, foster homes, or other nontraditional living situations. These students also tend to have low rates of positive social interactions with peers in educational contexts ( Lombardi, 2019).

As a result, students in Minnesota must meet the federal criteria plus the following:

…demonstrate behavioral consistency by having an established pattern of one or more of

 the following emotional or behavioral responses:

(a)withdrawal or anxiety, depression, problems with mood, or feelings of self-worth

(b) disordered thought processes with unusual behavior patterns and atypical communication styles

(c) aggression, hyperactivity, or impulsivity

The established pattern of emotional or behavioral responses must also adversely affect educational or developmental performance, including intrapersonal, academic, vocational, or social skills; be significantly different from appropriate age, cultural, or ethnic norms; and be more than temporary, expected responses to stressful events in the environment. The emotional or behavioral responses must be consistently exhibited in at least three different settings, two of which must be educational settings and one other in the home, child care, or community.