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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
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
What Does the Law Say?
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Zirkel, Perry A. – TEACHING Exceptional Children, 2009
In this article the author provides legal explanations to the following concerns: (1) Free Appropriate Public Education (FAPE) and Individualized Education Programs (IEPs); (2) Functional Behavior Assessments (FBAs) and Behavior Intervention Plans (BIPs); (3) Manifestation Determinations under Individuals with Disabilities Education Act (IDEA);…
Descriptors: Individualized Education Programs, Individualized Programs, Disabilities, Individualized Instruction
Scientifically Based Research and Peer-Reviewed Research under the IDEA: The Legal Definitions, Applications, and Implications
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Zirkel, Perry A.; Rose, Tessie – Journal of Special Education Leadership, 2009
A systematic analysis of the references to "scientifically based research" (SBR) and closely related terms, such as "peer-reviewed research" (PRR), in the Individuals with Disabilities Education Act (IDEA) legislation, regulations, commentary, and case law reveal that SBR and its primary variants apply largely to state support…
Descriptors: Educational Research, Learning Disabilities, School Districts, Technical Assistance
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
What Does the Law Say?
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Zirkel, Perry A. – TEACHING Exceptional Children, 2007
This article presents questions regarding the Individuals with Disabilities Education Act (IDEA) regulations and the No Child Left Behind Act. The author's answers to these questions are presented.
Descriptors: Federal Legislation, Disabilities, Educational Legislation, Evaluation Methods