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Zirkel, Perry A. – Exceptionality, 2022
The special education literature has included a continuing line of articles and chapters that have translated for practitioners the legal meaning of the progress monitoring provisions in the successive versions of the Individuals with Disabilities Education Act (IDEA). This article examines this line of publications in light of the language of the…
Descriptors: Legal Responsibility, Progress Monitoring, Educational Legislation, Federal Legislation
Zirkel, Perry A. – Intervention in School and Clinic, 2022
This article delineates the four successive dimensions of the Individuals with Disabilities Education Act's (IDEA) central obligation of "free appropriation public education" that the courts have developed thus far: (a) procedural, (b) substantive, (c) incomplete implementation of the last Individualized Education Program (IEP), and (d)…
Descriptors: Educational Legislation, Federal Legislation, Equal Education, Students with Disabilities
Zirkel, Perry A. – Communique, 2020
In contrast with professional norms and best practices, the legal requirements for functional behavioral assessments (FBAs) and behavior intervention plans (BIP) are meager in scope and specificity (Collins & Zirkel, 2017). Section 504 of the Rehabilitation Act (2017) makes no mention of FBAs or BIPs, and the Individuals with Disabilities…
Descriptors: Functional Behavioral Assessment, Positive Behavior Supports, Individualized Education Programs, Legal Responsibility
Zirkel, Perry A. – Journal of Special Education Leadership, 2017
Depending on their experience, local special education directors may be familiar with the complaint procedures (CP) avenue that the IDEA requires each state education agency (SEA) to provide. Yet most special education professors and many parents of students with disabilities have negligible knowledge about this avenue of decisional dispute…
Descriptors: Grievance Procedures, Educational Legislation, Equal Education, Students with Disabilities
Zirkel, Perry A. – Teacher Education and Special Education, 2015
Intended as professional development for both new and experienced special educators, this article provides both the basic requirements and nuanced issues for foundational, successive, and overlapping key components under the Individuals With Disabilities Education Act (IDEA): (a) child find, (b) eligibility, and (c) free appropriate public…
Descriptors: Federal Legislation, Educational Legislation, Disabilities, Equal Education
Zirkel, Perry A. – Journal of Special Education Leadership, 2016
The purpose of this article is to present an updated comprehensive synthesis of the law, starting with the statutory provisions and culminating in the case law specific to the procedural and substantive requirements for manifestation determinations (MDs) under IDEA, as amended in 2004. Procedural requirements include issues such as who must make…
Descriptors: Educational Legislation, Federal Legislation, Equal Education, Students with Disabilities
Zirkel, Perry A.; Brown, Brenda Eagan – Journal of School Nursing, 2015
This article provides a multipart analysis of the public schools' responsibility for students with concussions. The first part provides the prevailing diagnostic definitions of concussions and postconcussive syndrome. The second and central part provides (a) the legal framework of the two overlapping federal laws--the Individuals with Disabilities…
Descriptors: Elementary School Students, Secondary School Students, Head Injuries, Neurological Impairments
Zirkel, Perry A. – Communique, 2016
For this ninth article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, this author provides a summary of a concussion- related case and provides responses to a series of questions by three members of the school psychology profession. The issue in this…
Descriptors: School Psychology, Counselor Role, Court Litigation, Individualized Education Programs
Zirkel, Perry A. – Exceptional Children, 2013
This article examines a critical question for the special education community: What should be the current meaning of "free appropriate public education" (FAPE) in light of not only the Supreme Court's landmark "Rowley" decision in 1982 but also developments in the 30 years since then? After synthesizing what the…
Descriptors: Federal Legislation, Educational Legislation, Court Litigation, Disabilities
Zirkel, Perry A. – Journal of Psychoeducational Assessment, 2013
The article by Dixon, Eusebio, Turton, Wright, and Hale is entitled "Forest Grove School District v. T.A. Supreme Court Case: Implications for School Psychology Practice." Its implications are that a "comprehensive evaluation" under the Individuals with Disabilities Education Act (IDEA) requires assessment of the child's…
Descriptors: Court Litigation, Special Education, Disability Identification, Federal Legislation
Zirkel, Perry A. – Journal of Special Education Leadership, 2006
The special safeguards and standards under the Individuals with Disabilities Education Act (IDEA) for disciplinary "removals," or suspensions and expulsions, are complicated and controversial. The manifestation-determination (M-D) requirement plays a central role in this special framework (Zirkel, 2003). The 2004 Amendments of the IDEA…
Descriptors: Discipline, Disabilities, Federal Legislation, Court Litigation
Zirkel, Perry A. – Phi Delta Kappan, 1996
Summarizes a case involving a district's alleged violation of a neurologically impaired student's rights under the Individuals with Disabilities Education Act (IDEA) and the Rehabilitation Act (Section 504). The Third Circuit Court ruled that IDEA's "stay-put" rule did not excuse the district from developing a timely individualized…
Descriptors: Attention Deficit Disorders, Court Litigation, Elementary Education, Individualized Education Programs
Zirkel, Perry A. – Phi Delta Kappan, 2004
Adam Coolidge lives with his parents in the Riverdale Local School District, which is in rural northwestern Ohio. In spring 1996, prior to enrolling Adam in kindergarten, his parents met with district representatives to discuss moving him from an early intervention program under the Individuals with Disabilities Education Act (IDEA). His…
Descriptors: Disabilities, Workers Compensation, Individualized Education Programs, Inclusive Schools

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