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The State Complaint Procedure: A Decisional Alternative under the IDEA
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Zirkel, Perry A. – Communique, 2021
When parents of students with disabilities reach impasse with school districts, after exhausting informal interactions and alternative dispute resolution mechanisms, such as facilitated IEP meetings and mediation, what is the next step if they seek a binding third-party decision under the IDEA? The typical answer, especially if the underlying…
Descriptors: Educational Legislation, Equal Education, Federal Legislation, Students with 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
K-12 Students with Concussions: A Legal Perspective
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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
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
The Role of the DSM in IDEA Case Law
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Zirkel, Perry A. – Communique, 2011
The school psychologist plays a central role in eligibility and other determinations under the Individuals with Disabilities Education Act (IDEA) not only at the school level but also, upon formal disputes, at the successive adjudicative levels of impartial hearing officers and courts. One of the sources of professional confusion that requires…
Descriptors: Eligibility, State Legislation, School Psychologists, Mental Disorders
The Legal Vicissitudes of Bilingual Education
Zirkel, Perry A. – Phi Delta Kappan, 1977
Descriptors: Bilingual Education, Court Litigation, Educational History, Elementary Secondary Education
The Bilingual Education Mandate: It Says Schools Must 'Do Something,' Must Do It Soon--and Probably Must Find the Money to Get It Done
Deane, Barbara; Zirkel, Perry A. – American School Board Journal, 1976
It is unclear what kinds of bilingual programs schools will be mandated to provide and the sources of funding are also unclear. (Author/IRT)
Descriptors: Bilingual Education, Court Litigation, Educational Finance, Elementary Secondary Education