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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
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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. – 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
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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
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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
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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. – Phi Delta Kappan, 2004
In September 1997, the Ridgewood, New Jersey, school district placed J.N., then age 11, in the Windsor School, per the IEP (individualized education program) team's identification of his special needs for structure, safety, and security. As a state-approved private special education school, Windsor signed an agreement with Ridgewood for the…
Descriptors: Court Litigation, Individualized Education Programs, Special Education, Private Schools
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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Fossey, Richard H.; Zirkel, Perry A. – Journal of Law and Education, 1994
Comprehensively surveys the reported court decisions arising from liability litigation on behalf of K-12 students with disabilities. Reports that no court decision has appeared of monetary damage judgment against a public school district or official for improper diagnosis/placement or improper education of a nondisabled, much less disabled,…
Descriptors: Compliance (Legal), Court Litigation, Disabilities, Educational Malpractice
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Zirkel, Perry A. – TEACHING Exceptional Children, 2006
This article presents questions related to legal issues of the Individuals with Disabilities Education Act (IDEA) 2004 and the changes it has made with regard to local education agency (LEA) and the Individualized Education Program (IEP) process. The author's answers to these questions are presented. In answering the general question--to what…
Descriptors: Individualized Education Programs, Disabilities, School Districts, Federal Legislation
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Zirkel, Perry A. – TEACHING Exceptional Children, 2007
In this article, the author identifies and answers questions related to legal issues of the Individuals with Disabilities Education Act (IDEA) in comparison with Section 504 or the Americans with Disabilities Act (ADA) and the NCLB. The author's answers to several questions concerning legal issues of IDEA are presented.
Descriptors: Legal Problems, Disabilities, Federal Legislation, Educational Legislation