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          24:05:24.01:16.  Emotional disturbance defined. Emotional disturbance is a condition that exhibits one or more of the following characteristics to a marked degree over a long period of time:


          (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; or

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


          The term, emotional disturbance, includes schizophrenia. The term does not apply to a student who is socially maladjusted unless the IEP team determines pursuant to ยง 24:05:24.01:17 that the student has an emotional disturbance.


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

          General Authority: SDCL 13-37-1.1.

          Law Implemented: SDCL 13-37-1.1.


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