Conduct or behavior disorders and Oppositional Defiant Disorder are not specific eligibility categories for special education. However, students exhibiting serious or long-term behavior issues may still qualify for special education under categories such as:
- Specific Learning Disability (SLD)
- Emotional Disturbance (ED)
- Other Health Impairment (OHI) which includes conditions such as Attention Deficit Disorder (ADD) or Attention Deficit Hyperactivity Disorder (ADHD).
If a student displays significant behavior issues, an assessment should be conducted in all areas related to a student’s suspected disability to determine whether the student qualifies for special education. If the student does not qualify for special education, a Section 504 plan should be considered.
The U.S. Office for Civil Rights (OCR) in California has ruled that schools must convene a team of assessors to make a determination regarding eligibility under Section 504 for children with disorders such as ADD/ADHD and obsessive compulsive disorder even if the children do not qualify for special education.[1]
- Manteca Unified School District, 30 IDELR 544(1998)[↩]