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Direct linkZirkel, Perry A. – Journal of Special Education Leadership, 2023
Although varying among and within the states, the percentage of students with 504 plans is steadily and significantly increasing as a national average. Although the professional literature addresses the legal standards for eligibility for 504 plans, it has not provided up-to-date information to practitioners as to the legal standard for the…
Descriptors: Federal Legislation, Students with Disabilities, Court Litigation, Program Development
Zirkel, Perry A. – Communique, 2022
The peer-reviewed special education literature has included notable attention to the peer-reviewed research (PRR) provision that the 2004 amendments added to the Individuals with Disabilities Education Act (IDEA). However, as with the other IDEA issues, the legal accuracy of this translating treatment for special education professionals is subject…
Descriptors: Special Education, Educational Legislation, Equal Education, Students with Disabilities
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. – Communique, 2022
For this 23rd article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, the topic is the substantive standard for free appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA), with a focus on the classification of…
Descriptors: Educational Legislation, Students with Disabilities, Equal Education, Federal Legislation
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
Zirkel, Perry A. – Journal of Special Education Leadership, 2021
The Individuals with Disabilities Education Act (IDEA) continues to account for an expansive and expensive segment of education litigation. The most longstanding remedy under the IDEA is tuition reimbursement, interpreted broadly to include not only private school tuition, but also related transportation and stand-alone related services. Probably…
Descriptors: Tuition, Federal Legislation, Educational Legislation, Equal Education
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. – Exceptional Children, 2018
This article provides a systematic and impartial analysis of the law, including hearing and review officer as well as judicial decisions, specific to the intersection of response to intervention (RTI) and school districts' ongoing affirmative obligation of child find. The results reveal that this intersection has not been the subject of…
Descriptors: Response to Intervention, School Districts, Program Implementation, Disabilities
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
Zirkel, Perry A. – Communique, 2019
For this 17th article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, the topic is the Individuals with Disabilities Education Act's (IDEA) central obligation, free appropriate public education (FAPE). More specifically, the focus here is procedural and…
Descriptors: Disabilities, Educational Legislation, Equal Education, Federal Legislation
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
Zirkel, Perry A. – Communique, 2019
Restraints and other aversives continue to be an active area of legal activity, particularly for students with disabilities. The March/April 2016 issue of Communiqué provided an update of the case law specific to school district use of restraints (Zirkel, 2016). Since then, various sources have provided successive snapshots of state restraint and…
Descriptors: Students with Disabilities, Student Behavior, Discipline, Behavior Modification
Zirkel, Perry A. – TEACHING Exceptional Children, 2020
Teachers and parents often find special education law complex and confusing. As one step for a basic foundation in special education law, a previous "TEACHING Exceptional Children" article (Zirkel, 2005) provided a snapshot of the "top five case concepts" based on 10 decisions from the Supreme Court. Each of these decisions…
Descriptors: Special Education, Educational Legislation, Students with Disabilities, Disabilities
Zirkel, Perry A. – Exceptionality, 2017
Legally, the ultimate criterion for eligibility under the Individuals with Disabilities Education Act (IDEA) is whether the child needs special education. A new decision by the Ninth Circuit Court of Appeals suggests that providing various interventions and accommodations in general education might mean that a child who meets the criteria for any…
Descriptors: Disabilities, Educational Legislation, Equal Education, Federal Legislation
Zirkel, Perry A. – Communique, 2019
A persistent problem in the professional literature in school psychology and related fields, such as special education, is the insufficient treatment of legal issues in terms of not only quantity (e.g., Zaheer & Zirkel, 2014) but also quality (e.g., Zirkel, 2014). The quality dimension is illustrated in the coverage of the Supreme Court's…
Descriptors: Misconceptions, Disabilities, Educational Legislation, Equal Education
