(1) The student may be identified as having emotional disturbance if a condition which includes one or more of the following characteristics is present:
(a) an inability to build or maintain satisfactory relationships with peers and teachers;
(b) inappropriate types of behavior or feelings under normal circumstances including behaviors which are psychotic or bizarre in nature or behaviors which are atypical and for which no observable reason exists;
(c) a general, pervasive mood of unhappiness or depression including major depression and dysthymia but excluding normal grief reactions;
(d) a tendency to develop physical symptoms or fears associated with personal or school problems including separation anxiety, avoidant disorder and overanxious disorder;
(2) For each of the conditions in (1) , the condition shall meet the criteria of having been present to a marked degree, over a long period of time and adversely affecting the student's educational performance.
(3) The student may be identified as having emotional disturbance when:
(a) the student has been observed in more than one setting within the educational environment; and
(b) the local educational agency has planned and implemented one or more positive behavioral interventions specific to the individual student. Interventions shall not unnecessarily delay appropriate identification when it can be shown through a student's social or developmental history, compiled directly from the student's parents or from records when the parents are not available, the existence of characteristics that clearly identify emotional disturbance.
(4) The student may not be identified as having emotional disturbance if delays in educational performance are primarily due to visual impairment, hearing impairment, orthopedic impairment, cognitive delay, health factors, or limited educational opportunity.
(5) Common disciplinary problems may exist in conjunction with emotional disturbance, but cannot be used as the sole criteria for determining the existence of an emotional disturbance.
(6) The term emotional disturbance does not apply to students who are socially maladjusted, unless it is determined that they meet the criteria herein for emotional disturbance.