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FBAs and BIPs Under the IDEA: The Latest Update of the Judicial Case Law
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Perry 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
FBAs and BIPs: An Updated Case Law Analysis
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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
Addressing the Need for Progress in Special Education: Understanding Endrew F. and the Role of Special Educators
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Kern, 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
Commentary on Zirkel: Judicial Rulings Specific to FBAs or BIPs under the IDEA and Corollary State Laws--An Update
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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
Recent Case Law Regarding Functional Behavioral Assessments: Implications for Practice
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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
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
Dangerous Use of Seclusion and Restraints in Schools Remains Widespread and Difficult to Remedy: A Review of Ten Cases. United States Senate Health, Education, Labor, and Pensions Committee. Majority Committee Staff Report
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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
Suspending Disbelief: Moving Beyond Punishment to Promote Effective Interventions for Children with Mental or Emotional Disorders.
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Bazelon Center for Mental Health Law, Washington, DC. – 2003
This paper examines congressional intent regarding the treatment of children with behavior problems and, by examining administrative and court decisions interpreting these provisions, compares those intentions with actual implementation of the mandate. It also includes a brief discussion of the research supporting use of Functional Behavioral…
Descriptors: Behavior Disorders, Court Litigation, Emotional Disturbances, Functional Behavioral Assessment