Texas ED Eligibility — TAC §89.1040(c)(5)
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Texas ED eligibility requires: (1) one or more of the five characteristics below, (2) exhibited over a long period of time and to a marked degree, (3) that adversely affects educational performance. A student who meets only one or two conditions on a brief basis does not meet the standard. Duration and severity are threshold requirements, not afterthoughts.
The Five Characteristics
A
Inability to Learn That Cannot Be Explained by Intellectual, Sensory, or Health Factors
The student is not making expected academic progress, and this failure to learn is not attributable to a cognitive disability (ID), sensory impairment (VI, HI), or health condition (OHI). This characteristic requires ruling out alternative explanations — making cognitive, health history, and exclusionary factor documentation critical.
Most common primary characteristic in ED eligibility. Requires cognitive and achievement data to rule out SLD, ID, and other explanations.
B
Inability to Build or Maintain Satisfactory Interpersonal Relationships with Peers and Teachers
The student has persistent, marked difficulty forming and sustaining appropriate relationships in the school setting. This is not simply "doesn't get along with others" — it is a pervasive, long-standing pattern of relationship difficulty across multiple settings and adults, documented through observation, teacher reports, and behavioral rating scales.
Often documented through BASC-4 Withdrawal and Social Skills scales, behavioral observation, and teacher/parent structured interviews.
C
Inappropriate Types of Behavior or Feelings Under Normal Circumstances
The student exhibits behaviors or emotional responses that are markedly disproportionate to the context — e.g., extreme anxiety responses to routine events, explosive emotional reactions to minor frustrations, or persistent withdrawal when no social threat is present. The key qualifier is "under normal circumstances" — the environment alone does not explain the response.
Often the most subjectively defined characteristic. Requires behavioral observation data and cross-setting documentation to establish pattern.
D
General Pervasive Mood of Unhappiness or Depression
A persistent depressive or dysphoric mood — not a temporary response to a stressful event — that affects the student's overall functioning and engagement. Documented through self-report (CDI-2), parent/teacher rating scales (BASC-4 Depression subscale), and behavioral observation. Must be pervasive and persistent, not situational.
CDI-2 and BASC-4 Depression subscale are primary documentation tools. Consult with school psychologist and outside mental health providers if available.
E
Tendency to Develop Physical Symptoms or Fears Associated with Personal or School Problems
The student regularly develops somatic complaints (headaches, stomachaches, nausea) or school-avoidant fear responses tied to personal or academic stressors — without medical explanation for the physical symptoms. Includes school refusal driven by anxiety, panic-related somatic complaints, and phobic avoidance of specific school settings or situations.
RCMAS-2 Physiological Anxiety subscale and MASC-2 Physical Symptoms subscale are key documentation tools. Coordinate with school nurse for medical history.
Duration, Degree, and Educational Impact Requirements
Long Period of Time
There is no fixed definition in TAC §89.1040 for what constitutes "long period of time," but the intent is to distinguish chronic, established patterns from transient reactions. General practice: Documentation spanning at least 6 months across multiple settings and informants is typically expected. A student in crisis after a recent trauma may not meet this threshold until the pattern proves persistent.
Document: Timeline of behavioral/emotional concerns across report cards, prior evaluations, disciplinary records, counseling referrals, and teacher reports. The evaluation should synthesize this history, not just report current assessment data.
Marked Degree
The characteristics must be significantly more severe or pervasive than typical age-group variation. Normative comparison — which is what behavior rating scales like the BASC-4 and RCMAS-2 provide — is the primary quantitative anchor for "marked degree." T-scores ≥65–70 on relevant scales, combined with cross-informant corroboration, support this threshold.
Document: Normed T-score data + observed behavioral frequency/intensity + cross-setting pervasiveness. All three are needed — a high score alone without behavioral corroboration, or behavioral concern without normed comparison, is insufficient.
The Social Maladjustment Exclusion
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Critical legal exclusion: The term "emotional disability" does not apply to children who are socially maladjusted unless it is determined that they have an emotional disability as defined above. This is one of the most litigated exclusions in special education law. A student whose behavior is primarily the result of conduct disorder, gang involvement, voluntary anti-social choices, or cultural/environmental factors — without a co-occurring emotional disability — does not meet ED criteria. See the Differential Diagnosis tab for the full analysis framework.
DSM-5 Disorders Commonly Associated with ED Eligibility
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A DSM-5 diagnosis from an outside provider is not required for Texas ED eligibility — and a DSM-5 diagnosis alone does not automatically confer eligibility. However, medical or mental health documentation of a diagnosed condition informs the evaluation and strengthens the evidentiary record. Common associated diagnoses include:
Internalizing Disorders
Major Depressive Disorder, Persistent Depressive Disorder (Dysthymia), Generalized Anxiety Disorder, Social Anxiety Disorder, Panic Disorder, Separation Anxiety Disorder, Selective Mutism, Specific Phobia, OCD, PTSD/Trauma-related disorders.
Primary characteristics: D (depression/unhappiness) and E (somatic/fear). Often Characteristic C (inappropriate affect) as well.
Externalizing Disorders
Oppositional Defiant Disorder (ODD), Intermittent Explosive Disorder, Disruptive Mood Dysregulation Disorder (DMDD), Bipolar Disorder (with behavioral manifestations).
Primary characteristics: B (interpersonal relationships) and C (inappropriate behavior under normal circumstances). Not the same as Conduct Disorder — see Social Maladjustment exclusion.
Complex / Co-Occurring
PTSD with externalizing presentation, Reactive Attachment Disorder, ADHD + anxiety/depression co-occurring, AU + mood/anxiety (co-qualifying ED possible), Psychotic disorders (rare; require careful documentation and outside evaluation).
May trigger multiple characteristics. Co-occurring OHI and ED is legally permissible and sometimes appropriate.
Internalizing vs. Externalizing Framework
Internalizing Profile
Anxiety, depression, withdrawal, somatic complaints, school avoidance, rumination, fearfulness. The student's distress is directed inward — often less visible in the classroom, more visible at home. Rating scale data often shows higher elevations on Parent form than Teacher form. Instruments: RCMAS-2, MASC-2, CDI-2, BASC-4 Anxiety/Depression/Withdrawal subscales.
Externalizing Profile
Aggression, opposition, defiance, emotional dysregulation, hyperactivity with emotional overlay, disruptive behavior. The student's distress is directed outward — typically more visible to teachers. Rating scale data often shows higher Teacher form elevations. Instruments: BASC-4 Externalizing subscales (Aggression, Conduct Problems, Hyperactivity), BRIEF-2 Emotional Control/Shift.
BASC-4 — Behavior Assessment System for Children, 4th Ed.
The BASC-4 is the broadest behavior rating instrument in the ED battery — captures both internalizing and externalizing dimensions across Parent, Teacher, and Self-Report forms. Key ED-relevant composites and scales:
- Internalizing Problems Composite: Anxiety, Depression, Somatization — primary composite for internalizing ED profiles
- Externalizing Problems Composite: Aggression, Conduct Problems, Hyperactivity — externalizing ED and ODD/DMDD profiles
- Behavioral Symptoms Index (BSI): Overall behavioral concern summary across both dimensions
- Adaptive Skills Composite: Social Skills, Leadership, Activities of Daily Living — lower scores indicate adaptive impairment; important for documenting the impact on positive functioning, not just problem behavior
- Atypicality: Unusual, bizarre, or psychotic behaviors — elevated in AU, severe ED, and psychotic-spectrum concerns
- Withdrawal: Social disengagement — relevant to Characteristic B (interpersonal relationships)
Cross-informant comparison across Parent, Teacher, and Self-Report is essential. Document pattern of elevation, not just individual scores.
Internalizing + Externalizing
Cross-informant
BASC-4 replacing BASC-3 late summer 2026
RCMAS-2 — Revised Children's Manifest Anxiety Scale, 2nd Ed.
Child/adolescent self-report anxiety measure. Yields T-scores for a Total Anxiety scale and three subscales:
- Physiological Anxiety: Somatic anxiety symptoms — racing heart, stomachaches, trouble sleeping, shakiness. Most directly relevant to Characteristic E (somatic symptoms/fears).
- Worry/Oversensitivity: Cognitive worry, self-doubt, sensitivity to criticism, overreaction to minor events. Relevant to Characteristics C and E.
- Social Concerns/Concentration: Social anxiety, fear of being judged, concentration difficulties tied to anxiety. Relevant to Characteristic B.
- Defensiveness Index: Response validity indicator — very high Defensiveness suggests the student is presenting in an unrealistically positive light.
RCMAS-2 is a self-report instrument — the student's own perception of anxiety. Always interpret alongside teacher/parent report (BASC-4 Anxiety subscale) for cross-informant picture.
Internalizing · Anxiety
Characteristics C, E
Self-report — ages 6–19
CDI-2 — Children's Depression Inventory, 2nd Ed.
Depression-specific rating scales across multiple informants. Forms and key scores:
- CDI-2 Self-Report: Student self-report; Emotional Problems T-score (negative mood, self-esteem, interpersonal problems) and Functional Problems T-score (ineffectiveness, negative self-esteem, anhedonia)
- CDI-2 Parent: Parent report of observable depressive behaviors
- CDI-2 Teacher: Teacher report — typically shows lower scores than parent/self in masked or internalizing presentations
CDI-2 is the primary instrument for documenting Characteristic D (general pervasive mood of unhappiness or depression). Cross-informant comparison is essential — internalizing depression often shows parent and self-report elevations with lower teacher ratings, reflecting that masked behavior at school doesn't capture the full picture.
Characteristic D — Depression
Multi-informant: self + parent + teacher
Ages 7–17
MASC-2 — Multidimensional Anxiety Scale for Children, 2nd Ed.
More differentiated anxiety measure than the RCMAS-2 — four subscales capture specific anxiety presentations:
- Physical Symptoms: Somatic manifestations of anxiety — tense muscles, shakiness, nausea, shortness of breath. Directly relevant to Characteristic E.
- Harm Avoidance: Perfectionistic worry, need for reassurance, avoidance of new or unpredictable situations.
- Social Anxiety: Fear of humiliation, avoidance of social performance situations. Relevant to Characteristic B and school avoidance.
- Separation/Panic: Fear of being away from attachment figures, panic-like symptoms. Relevant to school refusal and Characteristic E.
Anxiety Probability Score (APS): Derived score indicating the probability that the student's anxiety pattern meets a threshold for significant anxiety disorder. Useful for framing the severity level in the FIE.
Characteristics C, E
Social anxiety → Characteristic B
Ages 8–19
BRIEF-2 — Behavior Rating Inventory of Executive Function, 2nd Ed.
In ED evaluations, BRIEF-2 is particularly relevant when emotional dysregulation is a primary feature. Key ED-relevant scales:
- Emotional Control (EC): Ability to modulate emotional responses — the most directly ED-relevant BRIEF-2 scale; low EC = emotional lability, dysregulation, explosive reactions
- Shift: Cognitive flexibility — difficulty shifting away from distress or rumination; relevant to anxiety and OCD presentations
- Inhibit: Impulse control — relevant to externalizing presentations with behavioral dysregulation
- Behavior Regulation Index (BRI): Combines Inhibit, Self-Monitor, Shift, Emotional Control — overall behavioral regulation composite
BRIEF-2 also helps distinguish ED-related executive function impairment from ADHD-related EF impairment — in ADHD, EF deficits are more global; in ED, Emotional Control and Shift are often disproportionately elevated relative to other EF scales.
Emotional dysregulation
ED vs. ADHD EF pattern
BRI — behavioral regulation
T-Score Classification — All ED Instruments
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All ED-battery instruments (BASC-4, RCMAS-2, CDI-2, MASC-2, BRIEF-2) use T-scores (mean=50, SD=10). Higher T-scores = more concerns. The threshold for "marked degree" in ED documentation is generally T≥65 (1.5 SD above mean) on problem scales, with T≥70 representing significant elevation. For adaptive scales (BASC-4 Adaptive Skills), lower scores indicate concern.
| T-Score (Problem Scales) |
Classification |
ED Documentation Relevance |
| ≤44 | Low / Not Elevated | Rater does not endorse significant concerns. Does not support the characteristic from this informant. |
| 45–59 | Average | Within normal limits. Inconsistent with "marked degree" from this informant. |
| 60–64 | At-Risk / Mildly Elevated | Subclinical — warrants monitoring and cross-informant check. Insufficient alone for "marked degree." |
| 65–69 | Elevated | Meaningful elevation — 1.5 SD above mean. Supports "marked degree" when corroborated by other data. |
| ≥70 | Clinically Significant | >2 SD above mean. Strong corroboration for the characteristic. Document educational impact explicitly. |
Instrument-to-Characteristic Mapping
| Instrument / Scale |
Char. A Can't Learn |
Char. B Relationships |
Char. C Inappropriate Behavior |
Char. D Depression/Mood |
Char. E Somatic/Fears |
| BASC-4 — Anxiety |
Indirect | Partial | ✅ | Partial | ✅ |
| BASC-4 — Depression |
Indirect | Partial | ✅ | ✅ | Partial |
| BASC-4 — Somatization |
— | — | Partial | — | ✅ |
| BASC-4 — Withdrawal |
Partial | ✅ | ✅ | Partial | — |
| BASC-4 — Aggression / Conduct |
Indirect | ✅ | ✅ | — | — |
| RCMAS-2 — Total / Subscales |
Indirect | Partial | ✅ | — | ✅ |
| MASC-2 — Physical Symptoms |
— | — | Partial | — | ✅ |
| MASC-2 — Social Anxiety |
— | ✅ | ✅ | — | Partial |
| CDI-2 — All Forms |
Indirect | Partial | Partial | ✅ | — |
| BRIEF-2 — Emotional Control |
— | Partial | ✅ | — | — |
| Achievement / Cognitive Data |
✅ (rule-out) | — | — | — | — |
Cross-Informant Patterns — What They Mean
Common pattern: Student with anxiety or depression whose distress is masked at school. Teacher sees a compliant, withdrawn, or "quiet" student; parent sees shutdown behavior at home, school refusal, somatic complaints, emotional dysregulation after school.
Interpretation: Do not dismiss the pattern because teacher ratings are not elevated. Internalizing disorders are frequently underdetected in structured school settings — especially for students with high compliance or high academic ability. Weight parent and self-report data alongside the school-based picture. Document school avoidance history, attendance patterns, nurse visits, and counselor referrals as corroborating data.
Anxiety · DepressionChars. C, D, ESchool nurse data · Attendance
Common pattern: Student with oppositional, dysregulated, or aggressive behavior that is more pronounced in structured school settings than at home. Teacher sees conduct problems, emotional dysregulation, or defiance; parent may experience the student as compliant or managed at home.
Interpretation: School-specific triggers (academic frustration, peer conflict, adult authority relationships) may be driving the presentation. Behavioral observation data in the classroom and during transitions is critical. Assess whether the behavior pattern is longstanding vs. reactive to recent events. Distinguish from ADHD-related impulsivity (see Differential Diagnosis tab).
ODD · DMDD · ExternalizingChars. B, CObservation · Discipline records
Common pattern: Student with dysregulated emotional responses that manifest in both internalizing (anxiety, withdrawal, somatic complaints) and externalizing (explosive outbursts, aggression when overwhelmed) ways. Often seen in PTSD, DMDD, Bipolar Disorder, and trauma histories.
Interpretation: Both composites elevated simultaneously is a high-severity indicator. The BASC-4 BSI (Behavioral Symptoms Index) will typically be very elevated. Document both dimensions explicitly — the characteristics may include B, C, D, and E across the same student. This profile also raises the question of trauma history, which should be addressed in the health and developmental history section.
PTSD · DMDD · BipolarMultiple characteristicsBSI elevation
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Differential diagnosis in ED evaluation means determining whether each condition independently meets criteria. ED can co-occur with SLD, OHI, AU, SLI, and ID — each of which must meet its own separate eligibility criteria if present. The goal is to identify all qualifying categories, not to choose one over another.
This is the most important and most litigated differential in ED evaluation.
Social maladjustment refers to a persistent pattern of anti-social behavior that reflects a deliberate violation of social norms — conduct disorder, gang involvement, delinquency — without an underlying emotional disorder. These students are often described as choosing problem behavior, having normal emotional functioning in supportive contexts, and not showing the anxiety, depression, or inappropriate emotional response seen in ED.
Points Toward ED
- Emotional dysregulation is reactive, not instrumental — student appears distressed, not calculating
- Anxiety, depression, or somatic symptoms co-present
- Behavior worsens in high-demand academic contexts — tied to academic failure and shame
- Relationship difficulties reflect social skill deficits or emotional avoidance, not willful manipulation
- Mental health provider documentation of an emotional disorder
- Behavior is ego-dystonic — student expresses remorse or distress about own behavior
Points Toward Social Maladjustment (Not ED)
- Behavior is purposeful and goal-directed — student gets what they want through behavior
- Student functions well emotionally in contexts where rules are not enforced
- No evidence of anxiety, depression, or somatic symptoms
- Behavior is ego-syntonic — student does not express distress about own behavior
- Peer group normalizes the behavior (gang affiliation, delinquent peer group)
- Behavior explained primarily by environmental/cultural factors, not internal emotional disability
Important: Social maladjustment and ED can co-occur. A student with conduct disorder who
also has documented anxiety disorder, depression, or trauma-related disorder may qualify for ED based on the co-occurring emotional condition. Document both the ED basis and the exclusionary factor analysis explicitly.
One of the most common diagnostic questions: Did the emotional/behavioral difficulties cause the academic failure (ED primary), or did academic failure and frustration cause secondary emotional/behavioral difficulties (SLD primary)?
Points Toward ED Primary
- Emotional/behavioral concerns predate academic difficulties in developmental history
- Emotional concerns are present even in areas of academic strength
- Academic performance fluctuates significantly with emotional state
- Behavior occurs across academic and non-academic settings equally
- Mental health history or diagnosis predates school difficulties
Points Toward SLD Primary
- Academic difficulties clearly predate behavioral/emotional concerns in history
- Emotional/behavioral concerns are setting-specific — tied to academic demands
- Student is calm and engaged in non-academic contexts
- Phonological, processing, or achievement profile consistent with SLD
- Behavior diminishes when academic supports are in place
Both can co-occur — and both eligibility categories can be documented if each independently meets criteria. See the Behavior & FBA Reference for the full three-pattern framework (concurrent, SLD-primary, ED-primary).
Students with ADHD often show emotional dysregulation — frustration, impulsivity, mood lability — that can look like ED. The key distinction is whether the emotional dysregulation is driven by the attention/self-regulation deficit (ADHD) or by an underlying mood or anxiety disorder (ED).
Points Toward ED Co-occurrence
- BRIEF-2 Emotional Control disproportionately elevated relative to other EF scales
- RCMAS-2 or MASC-2 T-scores ≥65 — anxiety present beyond ADHD-typical dysregulation
- CDI-2 elevated — depressive symptoms independent of ADHD
- BASC-4 Depression or Anxiety elevated alongside Hyperactivity
- Emotional episodes are disproportionate and not impulsive — they are sustained
Points Toward ADHD Only (OHI)
- Emotional dysregulation is brief and contextual — tied to specific frustration triggers, not pervasive
- Anxiety and depression instruments within average range
- BRIEF-2 Emotional Control elevated but Inhibit and Shift also elevated — global EF pattern
- Emotional symptoms remit with ADHD treatment (medication, behavioral support)
- No history of mental health diagnosis or treatment
See the
AU Evaluation Reference for the full AU vs. ED differential. Key summary:
Points Toward AU
- Social difficulties present even when not emotionally distressed
- Restricted/repetitive behaviors and restricted interests present
- Early developmental onset documented
- ADOS-2 and MIGDAS-2 findings consistent with AU
- Dysregulation tied to sensory or routine triggers, not emotional or relational triggers
Points Toward ED (or Co-occurring)
- Social difficulties are primarily driven by anxiety, depression, or mood
- No restricted/repetitive behaviors or restricted interests
- No early developmental history of AU features
- Behavior is relationship-driven and emotionally reactive, not routine-driven
- Mental health documentation supports mood or anxiety disorder
AU and ED can co-occur — a student with AU who also has an independently documented mood or anxiety disorder may hold both eligibilities.
Cultural and Linguistic Factors — Exclusionary Consideration
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TAC §89.1040 requires that the emotional disability not be primarily the result of cultural factors. Behavioral and emotional expressions that reflect cultural norms, acculturation stress, language barrier frustration, or recent immigration trauma require careful contextualization before ED eligibility is assigned. Consult with the bilingual specialist, LPAC, and culturally knowledgeable team members. Document this analysis explicitly in the FIE — the absence of cultural factor analysis in an EB or culturally/linguistically diverse student's FIE is a legal vulnerability.
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Hub rule: never use "clinically" or "clinical" in FIE narrative language. Use "educationally significant," "consistent with," "documented across sources," or "observed during evaluation." ED FIE language must explicitly address (1) which characteristic(s) are present, (2) evidence of long duration and marked degree, and (3) adverse educational impact. The social maladjustment exclusion must be addressed in every ED eligibility determination — even if briefly.
Internalizing Profile — FIE Narrative
Internalizing ED · Anxiety + Depression · BASC-4 + RCMAS-2 + CDI-2
The BASC-4 was completed by [Student]'s parent/caregiver and classroom teacher; [Student] also completed the self-report form. Parent ratings reflected significant elevations on the Internalizing Problems Composite (T=[##]), driven by elevated Anxiety (T=[##]), Depression (T=[##]), and Somatization (T=[##]) subscales. Teacher ratings reflected [consistent elevations / lower ratings in the school setting — see note below], with the Internalizing Problems Composite at T=[##]. [Student]'s self-report on the BASC-4 [was similarly elevated / reflected an average profile — consistent with masking in school settings]. The RCMAS-2 self-report indicated significant anxiety concerns, with a Total Anxiety T-score of [##], including elevated Physiological Anxiety (T=[##]) and Worry/Oversensitivity (T=[##]) subscales. The CDI-2 Parent form yielded a Total score of [##], and the CDI-2 Self-Report indicated [Emotional / Functional] Problems scores of T=[##], reflecting [describe: persistent sadness, anhedonia, negative self-perception, or similar]. These findings, consistent across multiple instruments and informants, document a pattern of anxiety and depressed mood that is pervasive, has been present for [duration from history], and is educationally significant — [Student]'s capacity to engage in instruction, complete assignments, and maintain school attendance has been adversely affected by [his/her/their] emotional functioning.
If Teacher ratings are lower than Parent/Self-Report, explain it — don't hide it. Internalizing disorders are commonly underdetected at school. Document school nurse visits, attendance, counselor referrals, and observation data to corroborate the home-based picture.
Externalizing Profile — FIE Narrative
Externalizing ED · Emotional Dysregulation · BASC-4 + BRIEF-2
The BASC-4 was completed by [Student]'s parent/caregiver and classroom teacher. Teacher ratings reflected significant elevations on the Externalizing Problems Composite (T=[##]), with particularly elevated scores on the Aggression (T=[##]) and Conduct Problems (T=[##]) subscales, indicating that [Student] exhibits markedly more aggressive and behaviorally disruptive responses than same-age peers in the school setting. Parent ratings were [consistent / somewhat lower], with the Externalizing Composite at T=[##]. The Behavioral Symptoms Index (BSI), which reflects overall behavioral concern across both composites, was T=[##], indicating broadly significant behavioral concerns. The BRIEF-2, completed by parent and teacher, reflected significant elevations in Emotional Control (Parent T=[##]; Teacher T=[##]) and Shift (Parent T=[##]; Teacher T=[##]), with [other EF scales within average limits / also elevated], suggesting that [Student]'s behavioral dysregulation is primarily characterized by difficulty modulating emotional responses and transitioning flexibly — rather than a global executive functioning profile consistent with ADHD. These findings have been present across [duration] and have been documented through behavioral referrals, teacher reports, and [counseling records / outside mental health records]. The frequency and intensity of [Student]'s dysregulated behavior adversely affects [his/her/their] educational performance by [describe specific impact — e.g., interrupting instruction, disrupting peer learning, resulting in removal from the classroom].
Always document duration and the specific educational impact. Behavioral referral records and teacher interview notes are essential corroborating data for externalizing profiles.
Eligibility Determination Statement
ED Eligibility — ARD Determination Language
Based on the comprehensive evaluation, [Student] demonstrates [one or more of the following characteristics consistent with Emotional Disability under IDEA and TAC §89.1040(c)(5)]: [name the characteristic(s) — e.g., a general pervasive mood of unhappiness and depression / inappropriate types of behavior or feelings under normal circumstances / an inability to build or maintain satisfactory interpersonal relationships with peers and teachers]. These characteristics have been present for [duration], are exhibited to a marked degree as evidenced by [summarize normed data and corroborating sources], and adversely affect [Student]'s educational performance by [specific impact]. The ARD committee reviewed available information, including [list instruments, records, and observations], and considered whether the behavioral and emotional characteristics are primarily the result of social maladjustment, cultural factors, or another disability. [Summarize the exclusionary factor conclusion — e.g., "The pattern of findings is not consistent with social maladjustment — [Student]'s behavioral and emotional difficulties are associated with documented anxiety and depression rather than deliberate anti-social conduct."] The ARD committee determined that [Student] meets the Texas eligibility criteria for Emotional Disability.
The ARD committee makes the eligibility determination — not the diagnostician alone. Name the specific characteristic(s) — this is a legal requirement. The social maladjustment exclusion analysis must be present in the record even if brief.
Social Maladjustment DNQ Language
Does Not Meet ED Criteria — Social Maladjustment Determination
The comprehensive evaluation did not yield sufficient evidence to establish eligibility for Emotional Disability at this time. While [Student] demonstrates [describe behavioral concerns — e.g., persistent conduct problems and oppositional behavior], a review of the available data indicates that [his/her/their] behavioral pattern is [primarily reflective of social maladjustment / not consistent with an underlying emotional disability] as defined under IDEA and TAC §89.1040. Specifically, [summarize: e.g., behavioral rating scales did not reflect significant internalizing concerns; anxiety and depression instruments were within average limits; behavioral history indicates purposeful, goal-directed conduct rather than emotionally-driven dysregulation; mental health history does not document an emotional disorder; student functions well in structured, positively reinforcing environments]. The ARD committee reviewed all available evaluation data, considered the five ED characteristics, and determined that the primary explanation for [Student]'s behavioral difficulties is not an emotional disability. This determination does not preclude future evaluation if new information indicates a change in [Student]'s emotional or behavioral status.
A well-documented DNQ is just as legally important as an eligibility determination. Never leave a social maladjustment exclusion undocumented. Name what was found, explain why it does not meet the threshold, and include the exclusionary factor analysis.
Educational Impact Statement
Impact Statement — ED (Garcia-Prats TEDA 2026 Framework)
[Student]'s emotional disability affects [his/her/their] ability to engage consistently in classroom learning, maintain productive relationships with peers and adults, and manage [anxiety / depressive symptoms / emotional dysregulation] in the demands of a school day. [He/She/They] requires [consistent emotional support, structured re-engagement strategies, and a predictable, trauma-informed learning environment] to access instruction and participate meaningfully in school activities.
One paragraph per eligibility area per Garcia-Prats TEDA 2026 framework. Structure: skill affected → classroom behavior → what helps. 3–4 sentences. No clinical jargon. Parent-readable.