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You Be the Judge #23: SLD Eligibility and FAPE under the IDEA
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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
The RTI Approach to Evaluating Learning Disabilities. Second Edition. The Guilford Practical Intervention in the Schools Series
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Kovaleski, Joseph F.; VanDerHeyden, Amanda M.; Runge, Timothy J.; Zirkel, Perry A.; Shapiro, Edward S. – Guilford Press, 2022
From leading authorities, this indispensable work is now in a revised and expanded second edition, presenting state-of-the-art tools and procedures for practitioners. The book shows how to use response to intervention (RTI) to evaluate K-12 students for specific learning disabilities (SLD). The second edition gives increased attention to…
Descriptors: Elementary Secondary Education, Response to Intervention, Students with Disabilities, Learning Disabilities
Response to Intervention and Child Find: A Legally Problematic Intersection?
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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
Mistaken Evaluation: The School Psychologist or the Case Law?
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Zirkel, Perry A. – Communique, 2012
Given their pivotal position, school psychologists have understandable concerns about the possibility of becoming the target of the relatively frequent legal proceedings under the Individuals with Disabilities Education Act (IDEA). Indeed, the threat of litigation can contribute to a flight from the profession (Lange, 2011). Yet, an informal…
Descriptors: Disabilities, Civil Rights, Court Litigation, School Psychologists
What Does the Law Say?
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Zirkel, Perry A. – TEACHING Exceptional Children, 2011
In this article, the author provides legal explanations to the following concerns: (1) case law on specific learning disability (SLD) eligibility; (2) recent developments on response to intervention (RTI); (3) Individuals with Disabilities Education Act (IDEA) rules; and (4) the Free Appropriate Public Education (FAPE) regulation. The author's…
Descriptors: Learning Disabilities, Public Education, Court Litigation, Educational Legislation
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
Manifestation Determinations under the New Individuals with Disabilities Education Act: An Update
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Zirkel, Perry A. – Remedial and Special Education, 2010
This article provides an update of a previous analysis of the case law concerning manifestation determinations culminating in the revised pertinent provisions of the Individuals with Disabilities Education Act (IDEA) 2004. Specifically, the update consists of a synthesis of the legislative history, Office of Special Education Programs…
Descriptors: Mental Disorders, Learning Disabilities, Hyperactivity, Attention Deficit Hyperactivity Disorder
What Does the Law Say?
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Zirkel, Perry A. – TEACHING Exceptional Children, 2009
In this article, the author identifies and answers questions related to IDEA eligibility issues and the Free Appropriate Public Education (FAPE) regulation. The author's answers to several questions concerning legal issues are presented.
Descriptors: Public Education, Federal Legislation, Attention Deficit Hyperactivity Disorder, Individualized Education Programs
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
A Two-Headed Monster.
Zirkel, Perry A. – Phi Delta Kappan, 2000
A protracted case involving a high-achieving ADHD student who was judged eligible for Section 504 assistance, but not for Individuals with Disabilities Education Act assistance, demonstrates confusing overlaps between programs, problems with overidentifying students as disabled, and the high costs of "legalizing" special education.…
Descriptors: Attention Deficit Disorders, Costs, Court Litigation, Due Process