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Emotional Behavioral Disability

Definition in State Rule: Emotional Behavioral Disability

Emotional behavioral disability means a condition in which a child demonstrates frequent and intense observable behaviors, either over a long period of time or of sudden onset due to an emerging mental health condition which includes a diagnosis by a licensed mental health professional, which adversely affects the child’s educational performance. The behaviors shall occur in an academic setting in school, in a non-academic setting in school and in the child’s home or community. PI 11.36 (7)(a), Wis. Admin. Code.

Incidence and Disproportionality

Incidence

For the 2022-2023 school year, 10,041 students (1.2%) of total public school enrollment (822,804 students) were identified as having an emotional behavioral disability. The 10,041 students with emotional behavioral disability made up 8.2% of all students with IEPs (122,187). In Wisconsin, IEP teams are not required to identify secondary or tertiary impairment areas and are only required to submit a “reporting” disability and may also report an “other” disability category. Thus the number of students identified as having an “other” disability category of emotional behavioral disability is not reflected in this data. To view additional data including district level information, go to the WI DPI public WISEdash portal.

Disproportionality

In Wisconsin, like many other states, we see district data demonstrating race-based patterns of identification for emotional behavioral disability. Specifically, districts have identified American Indian, black, and multi-racial students more than their peers as having an emotional behavioral disability. As an equity issue, we strongly encourage all districts to disaggregate their special education data to ensure evaluation practices and procedures are culturally responsive and address bias when conducting and analyzing assessments used to make eligibility decisions. Go to the DPI Culturally Responsive Problem Solving web page for more information.

Emotional Behavioral Disability Criteria

Emotional Behavioral Disability Criteria

§300.304 of the Individuals with Disabilities Education Act (IDEA) outlines two purpose of special education evaluations (i) Whether the child is a child with a disability; and (ii) The content of the child’s IEP, including information related to enabling the child to be involved in and progress in the general education curriculum (or for a preschool child, to participate in appropriate activities). The disability category criteria IEP forms only assist IEP teams with (i) and are not sufficient in completing an evaluation and developing a student’s IEP. To ensure compliance with implementing a full, individual, and comprehensive evaluation, go to the Wisconsin DPI Comprehensive Special Education Evaluation web page.

Worksheets and Guidelines

Other Special Education Resources


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