Public Comment: New York State to Replace the Special Education Classification Term “Emotional Disturbance” with “Emotional Disability”

This week, Next100 policy entrepreneur Chantal Hinds submitted a public comment to the New York State Education Department (NYSED) regarding the Department’s proposed amendment to the Commissioner’s Regulations to replace the term “emotional disturbance” with “emotional disability.” Chantal’s comment, which you can read below, applauds the proposed change—especially because of its potential to more accurately describe the experiences of vulnerable students, like those in the foster system. Additionally, Chantal recommends that NYSED issue guidance to school districts about how to better support students with emotional disability classifications, and recommends that NYSED collect and publicly report special education student classification data, which will increase transparency and accountability for all students served across the state.

Dear Assistant Commissioner Suriano:

I write on behalf of Next100, an intentionally diverse start-up think tank committed to diversifying the policymaking space by empowering impacted individuals and proximate leaders to develop, research, and advocate for policy solutions. We write to offer comments on the New York State Education Department (NYSED) proposal to change the Regulations of the Commissioner of Education relating to the disability classification “emotional disturbance.” The proposed change of the term from “emotional disturbance” to “emotional disability” is a change we applaud—especially because of its potential to more accurately describe the experiences of vulnerable students, like those in the foster system.

I write this comment as an attorney who practiced within the child welfare and foster systems for seven years—first as an agency attorney for New York City’s Administration for Children’s Services and then as an education attorney ensuring children in the foster system received appropriate special education supports and services. I’ve worked with numerous students with emotional disturbance classifications and came to understand that for many, their emotional and behavioral challenges did not necessarily stem from a “disturbance,” but a disability, often triggered by trauma and challenging life experiences. I write this comment in support of the change for students in the foster system who are often marginalized and misunderstood when behaviors, which may be the result of tough circumstances, are pathologized.

NYSED’s proposal to change the term “emotional disturbance” to “emotional disability” will help to remove the negative connotation associated with the set of behaviors the term is used to describe. As many advocates and Commissioner Betty Rosa have noted,¹ the label contributes to students’ negative self-perceptions and can be dehumanizing. This is especially true for vulnerable students like those in the foster system: while the state has not made aggregated or disaggregated student classification data available, research studies² have shown that students in the foster system are overrepresented in the emotional disturbance classification. Additionally, New York City Department of Education (DOE) staff recently testified³ before the Committee on Education of the New York City Council on April 20, 2022, that over 20 percent of students in the foster system with Individualized Education Programs (IEPs) were placed in the city’s District 75 setting, as compared to 10 percent of students with IEPs not in the foster system. District 75 is a restrictive, specialized district within the DOE solely for students with significant special education needs, including emotional challenges. While we don’t know the percentage of students in the foster system in District 75 settings with emotional disturbance classifications, we do know that, generally, students with emotional disturbance classifications are more likely to be in District 75 placements⁴ than students with other types of disabilities (this is also true for students with autism and intellectual disability classifications).

Many students in the foster system face a myriad of challenges, pre- and post-placement, that may manifest as both internalizing and externalizing behaviors in school. In my work, I’ve seen these challenges include the circumstances of their placement in the foster system, the trauma of removal from their family, experiences in the foster system itself, challenges adapting to a foster home, school instability, and more. While simply changing the term “emotional disturbance” to “emotional disability” will not, on its own, recognize the challenges and experiences of students in the foster system, let alone address them, it will situate emotional and behavioral challenges among the other disability classifications in a way that describes students’ experiences instead of defining their identities. It is important for students like those in the foster system with an emotional disturbance classification to receive support that taps into their strengths, and for them to be connected to the effective tools and resources available at schools to help them thrive.

Additional Recommendations

Guidance

While we strongly support NYSED’s proposal to change the emotional disturbance classification to the term “emotional disability,” we hope that NYSED will go further in helping local educational agencies (LEAs) expand their understanding of student experiences and needs during the IEP development process. NYSED should consider providing additional guidance to LEAs about making classification determinations and crafting IEP supports to include consideration of any adverse childhood experiences (ACEs) and trauma. With additional guidance, committees on special education will have more direction on how to better understand the breadth of a student’s experiences and ensure they get the correct supports.

Committees on special education could also better understand how to use specific strategies and interventions, like functional behavioral assessments and behavioral intervention plans, to help meet a particular student’s needs. For example, the DOE recently updated its Standard Operating Procedures Manual⁵ to include recommendations for its IEP teams to consider “other factors that may be affecting the student’s learning, such as Adverse Childhood Experiences that may result in trauma-related symptoms.” Additionally, The Healing-Centered Schools Working Group⁶ has developed a series of recommendations to help schools create trauma-informed environments, including healing-centered strategies to address behavioral challenges in the classroom. When ACEs and trauma are better understood during the IEP development process and carried forward into provision of services for students with an emotional disturbance (disability) classification, schools can begin to meet the students’ needs in a more holistic manner.

Data Collection and Reporting

NYSED should also consider collecting and making publicly available special education classification data of students with disabilities at the LEA and state level. This data should be disaggregated by race, gender, and student group (economically disadvantaged, English language learner, foster care, homeless, migrant, and parent in armed forces). This data should also be cross-tabulated at the student group level by race and gender.

In addition to classification data, NYSED should consider publicly reporting information on the types of school settings where students with IEPs are served, disaggregated by disability classification and least restrictive environment, and cross-tabulated by race, gender, and English Language Learner status.

This additional data could be added to the state’s existing special education report⁷ to provide more robust and detailed information that will increase transparency and accountability for students served across the state.

We are happy to respond to any questions regarding the content of this comment; please contact Policy Entrepreneur Chantal Hinds at [email protected]. Thank you for your consideration, and for your work to improve educational opportunities for all students, especially historically underserved student groups.

1. Reema Amin, ”To Reduce Stigma, New York Moves to Change ‘Emotional Disturbance’ label to ‘Emotional Disability’,” Chalkbeat New York, March 14, 2022, https://ny.chalkbeat.org/2022/3/14/22978080/ny-emotional-disturbance-regents-state-students-with-disabilities.
2. Cheryl Smithgall, Robert Matthew Gladden, Duck-Hye Yang, and Robert Goerge, “Behavior Problems and Educational Disruptions Among Children in Out-of-Home Care in Chicago,” Chapin Hall Center for Children at the University of Chicago, 2005, https://www.researchgate.net/publication/234708993_Behavior_Problems_and_Educational_Disruptions_among_Children_in_Out-of-Home_Care_in_Chicago_Chapin_Hall_Working_Paper.
3. Oversight – Foster Care Students in the DOE System, Before the Committee on Education, New York City Council Session 2022-2023 (2022) (John Hammer, Chief Executive Director, Office of Special Education, New York City Department of Education), https://legistar.council.nyc.gov/Calendar.aspx.
4. Cheri Fancsali, “Special Education in New York City: Understanding the Landscape,” The Research Alliance for New York City Schools, 2019, https://steinhardt.nyu.edu/research-alliance/research/publications/special-education-new-york-city.
5. “Standard Operating Procedures Manual,” New York City Department of Education, 21, updated November 16, 2022, https://infohub.nyced.org/docs/default-source/default-document-library/specialeducationstandardoperatingproceduresmanualmarch.pdf?sfvrsn=4cdb05a0_2.
6. Healing-Centered Schools Task Force “Community Roadmap to Bring Healing-Centered Schools to the Bronx,” https://www.legalservicesnyc.org/what-we-do/practice-areas-and-projects/access-to-education/community-roadmap-to-healing-centered-schools.
7. “NYC Public Schools Special Education School District Data Profile 2018-19,” Special Education District Profile, New York State Education Department, accessed May 25, 2022, https://data.nysed.gov/specialed/?year=2019&instid=7889678368.