[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR1308.8]



[Page 166]

 

                        TITLE 45--PUBLIC WELFARE

 

CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 

                           AND HUMAN SERVICES

 

PART 1308_HEAD START PROGRAM PERFORMANCE STANDARDS ON SERVICES FOR 

CHILDREN WITH DISABILITIES--Table of Contents

 

             Subpart D_Health Services Performance Standards

 

Sec. 1308.8  Eligibility criteria: Emotional/behavioral disorders.



    (a) An emotional/behavioral disorder is a condition in which a 

child's behavioral or emotional responses are so different from those of 

the generally accepted, age-appropriate norms of children with the same 

ethnic or cultural background as to result in significant impairment in 

social relationships, self-care, educational progress or classroom 

behavior. A child is classified as having an emotional/behavioral 

disorder who exhibits one or more of the following characteristics with 

such frequency, intensity, or duration as to require intervention:

    (1) Seriously delayed social development including an inability to 

build or maintain satisfactory (age appropriate) interpersonal 

relationships with peers or adults (e.g., avoids playing with peers);

    (2) Inappropriate behavior (e.g., dangerously aggressive towards 

others, self-destructive, severely withdrawn, non-communicative);

    (3) A general pervasive mood of unhappiness or depression, or 

evidence of excessive anxiety or fears (e.g., frequent crying episodes, 

constant need for reassurance); or

    (4) Has a professional diagnosis of serious emotional disturbance.

    (b) The eligibility decision must be based on multiple sources of 

data, including assessment of the child's behavior or emotional 

functioning in multiple settings.

    (c) The evaluation process must include a review of the child's 

regular Head Start physical examination to eliminate the possibility of 

misdiagnosis due to an underlying physical condition.