Office of Special Education
This is to inform you that the Board of Regents, at their July 2022 meeting, approved for permanent adoption the to change the term 鈥渆motional disturbance鈥 to 鈥渆motional disability.鈥 These regulations become permanently effective on July 27, 2022. 听Please note that no change was made to the existing definition of 鈥渆motional disturbance.鈥
The Board of Regents made this change as the result of stakeholder engagement discussions, survey responses, and the analysis of public comment. The overwhelming consensus was that the term 鈥渄isturbance鈥 has a negative connotation and should not be used in New York State. These amendments are not intended to change the coverage, eligibility, or rights of students with disabilities currently identified with the disability classification 鈥渆motional disturbance鈥 or the responsibilities of school districts to serve these students.听
Committees on special education (CSEs) are not required to amend individualized education programs (IEPs) that have already been developed for the 2022-23 school year that use the term 鈥渆motional disturbance.鈥澨 However, CSEs must begin using the term 鈥渆motional disability鈥 in place of 鈥渆motional disturbance鈥 for student disability classifications for IEPs developed or amended on or after the July 27, 2022, effective date, as well as on other related documents (e.g., prior written notice, meeting minutes, etc.).听 听
To assist school districts, the 91社区 (91社区) Office of Special Education will be updating the State-mandated Individualized Education Program Form, posted on theIndividualized Education Program (IEP) and Optional Student Information Summary Form webpage, and the Blueprint for Improved Results for Students with Disabilities to replace the term 鈥渆motional disturbance鈥 with 鈥渆motional disability.鈥 听Other 91社区 guidance and publications will be updated in the future as necessary.
Questions regarding this memorandum may be directed to the Special Education Policy Unit at (518) 473-2878 or to speced@nysed.gov.
