24:05:24.01:17. Criteria for emotional disturbance. A student may be identified as emotionally disturbed if the following requirements are met:
(1) The student demonstrates serious behavior problems over a long period of time, generally at least six months, with documentation from the school and one or more other sources of the frequency and severity of the targeted behaviors;
(2) The student's performance falls two standard deviations or more below the mean in emotional functions, as measured in school and home or community on nationally normed technically adequate measures; and
(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 disturbance if common disciplinary problem behaviors, such as truancy, smoking, or breaking school conduct rules, are the sole criteria for determining the existence of 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; 36 SDR 96, effective December 8, 2009; 40 SDR 40, effective September 11, 2013.
General Authority: SDCL 13-37-1.1, 13-37-52.
Law Implemented: SDCL 13-37-1.1, 13-37-52.
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