The Individuals with Disabilities Education Act (IDEA) is a federal law that provides rights to children with disabilities and their families. Under IDEA, public schools must identify children with disabilities and evaluate them to provide a free appropriate public education (FAPE). The IDEA entitles children with disabilities to FAPE with programs (example: IEP) that are designed to meet the individual needs of each student. Parents have specific rights under the IDEA, which include the right to participate in their children’s educational program and the right to make decisions about those programs. Notably, the IDEA covers a multitude of disabilities ranging from physical conditions like blindness to emotional disabilities such as depression and anxiety.
Many families of students with emotional disabilities such as anxiety and oppositional defiant disorder (ODD) to name a few, have faced resistance from school districts in providing their children with adequate supports and special education services, arguing that behavioral issues at school are simply evidence of “social maladjustment” rather than evidence of an underlying emotional disability. In these cases, advocacy, often through a special education attorney or special education advocate, may be necessary to secure the services that a student needs including an IEP. The first step in seeking adequate special education services for one’s child is understanding of the rights afforded under IDEA. This article explores the definition of “emotional disturbance” as compared with the exclusion of students with “social maladjustment” when addressing emotional disabilities that may manifest through behavior issues at school.
Emotional Disturbance as Defined in the IDEA
The IDEA defines emotional disturbance as a condition where a child demonstrates any of the following behaviors, which negatively impacts their educational performance:
- The inability to learn that cannot be explained by intellectual, sensory, or health factors;
- The inability to build and keep interpersonal relationships with peers and teachers
- Inappropriate behaviors or feelings under circumstances that are normal;
- A general mood of unhappiness or depression;
- A tendency to develop physical symptoms or fears that are associated with personal problems; or
Despite these inclusions, the emotional disturbance definition under the IDEA clearly states that the definition does not apply to children who are “socially maladjusted,” a term which is not otherwise defined under pertinent regulations.
The IDEA’s Treatment of Social Maladjustment
While social maladjustment is not defined in any IDEA regulation, comments to the emotional disturbance definition specifically reference “children who are socially maladjusted.” This definition is quite frustrating since it is, in reality, a non-definition. Commenters have varying opinions on this apparent gap in the regulations. Some commenters propose eliminating the reference to social maladjustment in the definition or simply defining it, arguing that there are no reliable methods for determining whether a child is “maladjusted” as opposed to those who suffer from “emotional disturbance.” Other commenters argue that the term “social maladjustment” should not be used at all, as the term may contribute to a negative image of children with mental illness. Some commenters feel that children receive inappropriate services due to the IDEA’s definition of emotional disturbance and its exclusion of children with “social maladjustment” without further definition.
Are Disability “Categories” Critical Under the IDEA?
Some disabilities cannot be cleanly categorized for purposes of the IDEA, and this phenomenon has been recognized by courts across the country. For example, one Ohio court held, where a child’s disability was not easily identified, that he was on the autism spectrum, but also had obsessive-compulsive disorder, oppositional-defiant disorder, depression, asthma, and a seizure disorder. In assessing this case, this Ohio court emphasized that categorizing disabilities under the IDEA is not necessarily critical to the provision of FAPE. The language of the IDEA focuses on mandating adequate services, rather than disability classification. Schools are responsible for identifying the presence of a disability and then developing appropriate education based on that disability, and should be less focused on “coming up with a proper label.”
This Ohio case is not the first instance in which courts have recognized disabilities under the IDEA without adhering to a strict classification mechanism. The United States Supreme Court in Honig v. Doe held that a student was disabled due to his inability to conform his behavior to socially acceptable norms. In this case, the Court recognized that disability classification is not an exact science, and that disabilities can manifest through behavioral issues themselves. Courts across the county followed suit, finding that students were eligible for specially designed services where: students had behavioral problems at school, including lying and stealing, which impacted their ability to learn; a child’s grades declined after the child missed school and demonstrated a passive resistance to meeting learning goals; and where a child was doing well in school, but their behaviors were interfering with their learning.
Adverse Effect on Educational Performance
Although the IDEA does not define what constitutes an “adverse effect” on educational performance, courts have elaborated on the issue and defined it broadly. Educational performance is not necessarily limited to the classroom and can include deficits to the educational experience as a whole. We have argued that a student can have good grades but show an adverse impact where a student was socially isolated and did not make friends. Furthermore, the IDEA has granted specially designed instruction services to students who experience psychological problems that affect their educational performance and acknowledged that students can be eligible for special education programs if they often miss school due to compromised mental health. This indicates that students who do not have a learning disability but experience an adverse effect on educational performance due to mental health disorders may be able to receive coverage under the IDEA.
Key Takeaways
The purpose of the IDEA is to provide educational services for children with disabilities in order to ensure access to educational opportunities which are not limited to the classroom. However, ambiguities within the language of the IDEA has caused courts across the country to interpret the “social maladjustment” exclusion to deny certain students services.
The broader trend among courts is to adopt a more expansive definition of IDEA coverage, granting educational services where students experience behavioral problems that adversely affect their interpersonal relationships and educational performance. The attorneys in the Student and Athlete Defense Practice Group are available and able to educate and assist students and families regarding student disability issues. For additional information, please contact the authors.
To discuss your students Student Behavior Issues and IEP Eligibility further, please contact Student & Athlete Defense attorneys Susan Stone and Kristina Supler at 216-716-5630.