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Direct linkPerry A. Zirkel – Communique, 2024
In contrast with professional norms and best practices, the legal requirements for functional behavioral assessments (FBAs) and behavior intervention plans (BIPs) are meager in scope and specificity (Collins & Zirkel, 2017). Section 504 of the Rehabilitation Act makes no mention of FBAs or BIPs, and the Individuals with Disabilities Education…
Descriptors: Functional Behavioral Assessment, Legal Responsibility, Educational Legislation, Equal Education
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
Peer reviewed
Download full textKern, Laura; George, Heather Peshak; Evanovich, Lauren L.; Martinez, Stephanie – Journal of the American Academy of Special Education Professionals, 2019
The Supreme Court case of "Endrew F. v. Douglas County District RE"-1 (2017) has renewed interest in the Free and Appropriate Public Education (FAPE) mandate of the Individuals with Disabilities Act (IDEA). The court's ruling expands the term "appropriate" to a consideration of progress for academics and behavior. This shift…
Descriptors: Court Litigation, Educational Legislation, Equal Education, Federal Legislation
Horner, Robert H.; Yell, Mitchell L. – Journal of Special Education, 2017
The authors discuss the journal article by Perry Zirkel on legal action in regard to functional behavioral assessment (FBA) and behavior intervention plans (BIPs). They contend that the Zirkel article opens larger questions that will be central to ongoing discussions at the national, state, district, school, and family levels. Such issues include…
Descriptors: Functional Behavioral Assessment, Court Litigation, State Legislation, Intervention
Crosby, Shantel D.; Day, Angelique G.; Somers, Cheryl L.; Baroni, Beverly A. – Preventing School Failure, 2018
Court-involved, female students often experience trauma and disproportionate school discipline, complicating their academic success. This mixed-method study examines students' use of and experiences with the Monarch Room (MR), a trauma-informed disciplinary alternative. The study examines service utilization, using a repeated measures analysis of…
Descriptors: Suspension, Court Litigation, Females, Discipline
Losinski, Mickey L.; Katsiyannis, Antonis; Ryan, Joseph B. – Intervention in School and Clinic, 2014
While functional behavioral assessments (FBAs) are currently federally mandated requirements, public schools have not been provided clear federal guidance concerning what constitutes an acceptable FBA through Individuals With Disabilities Education Act or related regulations. The purpose of this article is to examine recent rulings regarding FBAs…
Descriptors: Functional Behavioral Assessment, Educational Practices, Court Litigation, Behavior Problems
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
US Senate (NJ1), 2014
There is no evidence that physically restraining or putting children in unsupervised seclusion in the K-12 school system provides any educational or therapeutic benefit to a child. In fact, use of either seclusion or restraints in non-emergency situations poses significant physical and psychological danger to students. Yet the first round of data…
Descriptors: Discipline Policy, Discipline Problems, Punishment, Educational Research
Ryan, Joseph B.; Peterson, Reece L.; Rozalski, Michael – Education and Treatment of Children, 2007
The use of seclusion timeout in school settings has again become controversial. For more than 35 years there have been recommendations that states and schools develop policies and procedures regarding the use of seclusion timeout in school settings. Recent lawsuits brought against school districts accusing them of violating student rights through…
Descriptors: Special Needs Students, School Districts, State Departments of Education, Court Litigation
