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Direct linkZirkel, 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
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
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
Zirkel, Perry A. – Communique, 2014
Less frequently than you might expect, a court case within the booming world of special education litigation focuses on the evaluation practices of a school psychologist. The appropriateness of such practices merits comparative examination from both professional and legal perspectives. This article contains the facts for examination under these…
Descriptors: School Psychology, Court Litigation, Special Education, School Psychologists
Zirkel, Perry A. – TEACHING Exceptional Children, 2009
In November 2008, Congress passed, and the President signed, the Americans with Disabilities Act (ADA) Amendments (ADAA), with an effective date of January 1, 2009. While other issues, such as the national economic crisis, dominated public attention at the time, the ADAA unobtrusively connected to Section 504 of the Rehabilitation Act of 1973…
Descriptors: Compliance (Legal), Individualized Education Programs, Elementary Secondary Education, Eligibility
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
Zirkel, Perry A. – Exceptional Parent, 2007
Since the mid-1970s, with the passage of the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act ("Sec. 504"), special education became highly legalized. Although it is universally agreed that the best way to avoid and resolve disputes is through informal communication and cooperation between…
Descriptors: Caregivers, Disabilities, Court Litigation, Special Education
Zirkel, Perry A. – Journal of Special Education Leadership, 2006
The special safeguards and standards under the Individuals with Disabilities Education Act (IDEA) for disciplinary "removals," or suspensions and expulsions, are complicated and controversial. The manifestation-determination (M-D) requirement plays a central role in this special framework (Zirkel, 2003). The 2004 Amendments of the IDEA…
Descriptors: Discipline, Disabilities, Federal Legislation, Court Litigation
Zirkel, Perry A. – Phi Delta Kappan, 2002
Analyzes Indiana case involving a school district's efforts to obtain a limited education guardianship and the medical records for a 16-year-old special-education student whose mother refused to cooperate in the development of an IEP. The state appellate court reversed the trail court's decision granting the district's requests. Discusses…
Descriptors: Court Litigation, High School Students, Individualized Education Programs, Parent Responsibility
Download full textChoutka, Claire Maher; Doloughty, Patricia T.; Zirkel, Perry A. – Journal of Special Education, 2004
This study provides an analysis of case law concerning applied behavior analysis (ABA) for students with autism to determine outcome-related factors. The authors classified the 68 pertinent hearing/review officer and court decisions published in EHLR ("Education for Handicapped Law Report") and IDELR ("Individuals with Disabilities Education Law…
Descriptors: Program Implementation, Disabilities, Individualized Instruction, Individualized Education Programs
Zirkel, Perry A. – Phi Delta Kappan, 2003
A court case involving a student classified as a child with a disability and her battle to be named valedictorian of her graduating class. Questions the district's determination that this gifted student needed special education and the grade inflation indicated by undue competition for the extra thousandth of a point GPA. (Contains 11 references.)…
Descriptors: Commencement Ceremonies, Court Litigation, Grade Point Average, High Schools
Zirkel, Perry A. – Phi Delta Kappan, 1996
Summarizes a case involving a district's alleged violation of a neurologically impaired student's rights under the Individuals with Disabilities Education Act (IDEA) and the Rehabilitation Act (Section 504). The Third Circuit Court ruled that IDEA's "stay-put" rule did not excuse the district from developing a timely individualized…
Descriptors: Attention Deficit Disorders, Court Litigation, Elementary Education, Individualized Education Programs
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
Peer reviewedFossey, 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
