Emotional behavioral disability 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 behavioral disability, includes schizophrenia.
The term does not apply to a student who is socially maladjusted unless the IEP team determines pursuant to § 24:05:24.01:17 that the student has an Emotional behavioral disability.
S.D. Admin. R. 24:05:24.01:16
23 SDR 31, effective 9/8/1996; 26 SDR 150, effective 5/22/2000; 33 SDR 236, effective 7/5/2007; 49 SDR 012, effective 8/14/2022General Authority: SDCL 13-37-1.1.
Law Implemented: SDCL 13-37-1.1.