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Which Procedural Parts of the IEP Process Are the Most Judicially Vulnerable?
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Zirkel, Perry A.; Hetrick, Allyse – Exceptional Children, 2017
To provide a missing piece to the legal foundation of professional development and practice for the individualized education program (IEP) process, the authors report the results of a comprehensive systematic analysis of court decisions specific to IEP-related procedural violations after the 2004 amendments of the Individuals With Disabilities…
Descriptors: Individualized Education Programs, Court Litigation, Compliance (Legal), Disabilities
An Update of Judicial Rulings Specific to FBAs or BIPs under the IDEA and Corollary State Laws
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Zirkel, Perry A. – Journal of Special Education, 2017
Exemplifying the insufficient treatment of legal issues in refereed journals in special education and related fields, the limited legal coverage of functional behavioral assessments (FBAs) and behavior intervention plans (BIPs) tends to view the applicable case law through normative lenses. This skewed view characterizes the case law as requiring…
Descriptors: State Legislation, State Policy, Functional Behavioral Assessment, Positive Behavior Supports
An Analysis of the Judicial Rulings for Transition Services under the IDEA
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Zirkel, Perry A. – Career Development and Transition for Exceptional Individuals, 2018
Starting with a constructive critique of legal articles in special education journals concerning transition services under the Individuals With Disabilities Education Act (IDEA), this article presents an empirical analysis of relevant judicial rulings for the period 1990-2016 that shows a prevailing prodistrict approach that is not otherwise…
Descriptors: Transitional Programs, Educational Legislation, Disabilities, Equal Education
The "Red Flags" for Child Find under the IDEA: Separating the Law from the Lore
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Zirkel, Perry A. – Exceptionality, 2015
A comprehensive search identified 42 court decisions from late 1996 to early 2014 concerning the primary modern meaning of child find under the Individuals with Disabilities Education Act (IDEA)--whether the district had reasonable suspicion of eligibility and yet did not evaluate the child. The findings from a systematic analysis of these court…
Descriptors: Federal Legislation, Educational Legislation, Disabilities, Equal Education
The Time-Out and Seclusion Continuum: A Systematic Analysis of the Case Law
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Bon, Susan C.; Zirkel, Perry A. – Journal of Special Education Leadership, 2014
During the past two decades, scholars, educators, and special interest organizations, including advocacy groups, have critically examined and debated the ethical and legal use of aversive interventions with individuals with disabilities. These interventions comprise a broad spectrum of behavior management techniques including but not at all…
Descriptors: Timeout, Behavior Problems, Laws, School Law
State Special Education Laws for Functional Behavioral Assessment and Behavior Intervention Plans
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Zirkel, Perry A. – Behavioral Disorders, 2011
A comprehensive search identified 31 state statutes and regulations specific to functional behavioral assessments (FBA) and behavior intervention plans (BIP) in the special education context. A systematic tabulation of the state law provisions that exceed the rather narrow foundation requirements of the Individuals with Disabilities Education Act…
Descriptors: Intervention, State Legislation, Definitions, Laws
State Laws and Guidelines for Implementing RTI
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Zirkel, Perry A.; Thomas, Lisa B. – TEACHING Exceptional Children, 2010
The legal source of schools' use of response to intervention (RTI) is a matter of federal and state special education laws, although its implementation is largely a matter of general education practice. The only mention of RTI is in the Individuals With Disabilities Education Act (IDEA), and it is limited to identification of students with…
Descriptors: Learning Disabilities, Laws, Guidelines, Program Implementation
The "Discrete Trials" of Applied Behavior Analysis for Children with Autism: Outcome-Related Factors in the Case Law
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Choutka, Claire Maher; Doloughty, Patricia T.; Zirkel, Perry A. – Journal of Special Education, 2004
This study provides an analysis of case law concerning applied behavior analysis (ABA) for students with autism to determine outcome-related factors. The authors classified the 68 pertinent hearing/review officer and court decisions published in EHLR ("Education for Handicapped Law Report") and IDELR ("Individuals with Disabilities Education Law…
Descriptors: Program Implementation, Disabilities, Individualized Instruction, Individualized Education Programs
Section 504 and Public Schools: A National Survey Concerning "Section 504-Only" Students
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Holler, Rachel A.; Zirkel, Perry A. – NASSP Bulletin, 2008
The primary purpose of this study is to determine a preliminary national percentage of students who are "504-only." The survey data reveal that 504-only students represent 1.2% of the public school population. There is a significant difference in the 504-only percentage with regard to school level, with middle and high schools having a…
Descriptors: Disabilities, Disability Identification, Eligibility, Public Schools