DSM-IV AND IDEA : - Seattle University School of Law
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Transcript DSM-IV AND IDEA : - Seattle University School of Law
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2010 Special Education Hearing Officers
and Mediator Training (San Diego)
The Nexus Between the DSM & IDEA: Social
Maladjustment v. Emotional Disturbance
Mary Schwartz, Impartial Hearing Officer, Illinois
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• Determine eligibility
for special education
and related services
• Develop educational
program to meet
unique needs of
individual student
• Official nomenclature
for professionals
• Differential diagnosis
based on medical
model
• Treatment planning
• Third party
reimbursement
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• Child must have at least
one of disabilities defined
in regulations
• Disability must adversely
affect child’s educational
performance
• Because of above, child
needs special education
and related services
• AXIS I: Clinical Disorder
• AXIS II: Personality Disorders
and Mental Retardation
• AXIS III: General medical
conditions
• AXIS IV: Psychosocial and
environmental problems
• AXIS V: Global Assessment
of Functioning (GAF)
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Those most likely to appear in due process complaints/hearings
• Disorders usually first diagnosed in infancy, childhood or
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adolescence
Mood Disorders
Impulse Control Disorders
Anxiety Disorders
Schizophrenia and Other Psychotic Disorders
Personality Disorders
Substance Abuse Disorders
Somatoform Disorders
Eating Disorders
Sleep Disorders
Adjustment Disorders
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• Intellectual and Cognitive Impairments
• Mental Retardation
• Learning Disorders
• Motor Function Impairments
• Motor Skills Disorder
• Tic Disorders
• Stereotypic Movement Disorder
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• Disruptive or Self-Injurious Behavior Disorders
• Attention Deficit Disorders
• Conduct Disorder
• Oppositional Defiant Disorder
• Feeding and Eating Disorders of Early Childhood
• Elimination Disorders
• Separation Anxiety Disorder
• Reactive Attachment Disorder of Infancy or Early Childhood
• Information Exchange Disorders
• Pervasive Developmental Disorders
• Communication Disorders
• Selective Mutism
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• Predominant Feature: Disturbance in mood
• Mood episodes are building blocks for
diagnoses of mood disorders
• Divided into:
• Major Depressive Disorder
• Dysthymic Disorder
• Bipolar Disorders
• Cyclothymic Disorder
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• Conduct Disorder
• Oppositional Defiant Disorder (ODD)
• Intermittent Explosive Disorder (IED)
• Pyromania, Trichotillomania
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• Panic Disorders
• Phobias
• Post Traumatic Stress Disorder (PTSD)
• Generalized Anxiety Disorder
• Substance-Induced Anxiety Disorder
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• Schizophrenia
• Psychotic Disorder NOS
• Brief Psychotic Disorder
• Narcissistic Personality Disorder
• Borderline Personality Disorder
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• Substances include alcohol, illegal drugs,
medications
• Categories
• Substance Dependence
• Substance Abuse
• Substance Intoxication
• Substance Withdrawal
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• Somatization Disorder
• Body Dysmorphic Disorder
• Anorexia Nervosa & Bulimia Nervosa
• Breathing Related Sleep Disorder
• Sleep Walking Disorder
• Emotional or behavioral symptoms in response to
identifiable stressor (symptoms are not bereavement)
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• Symptoms per above diagnoses provide
information that may be relevant to
determination of emotional disorder
• Expert testimony may reference and discuss
DSM-IV symptomatology
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• One or more of the characteristics listed
• Over long period of time and to marked degree, and
• Adversely affects educational performance
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E.D. CHARACTERISTICS
• Inability to learn that cannot be explained by intellectual, sensory, or
health factors
Inability to build or maintain satisfactory interpersonal relationships
with peers and teachers
Inappropriate types of behaviors or feelings under normal
circumstances
General pervasive mood of unhappiness or depression
Tendency to develop physical symptoms or fears associated with
personal
or school problems
Includes schizophrenia
Does not apply to social maladjustment unless it is determined that chi
had emotional disorder per above.
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“Teenagers, for instance, can be a wild and unruly bunch.
Adolescence is, almost by definition, a time of social
maladjustment for many people.” Springer v. Fairfax
County School, 134 F.3d 659,664 (4th Cir. 1998).
Characterized by:
• Intentionality
• Little remorse
• Lack of empathy
• Failure to take responsibility for behavior
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• Parameters of educational performance
• Quantity of impact
• If adverse impact, must still determine that
student needs special education and related
services
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• Does it matter when emotional disorder is raised – at
case study evaluation stage or at MDR?
• If a parent is pro se, do we approach questioning of
experts differently when DSM-IV diagnosis is raised in
testimony?
• If we hold a degree and/or certification as clinician,
can we use that expertise (and opinions formed
thereupon) as part of our decision?
• If decision is for district, what about commenting in
decision on difficulties faced by family due to student’s
emotional problems?