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Perry A. Zirkel; Mitchell L. Yell – Exceptional Children, 2024
The central obligation under the Individuals With Disabilities Education Act is to provide each eligible student with a free appropriate public education (FAPE). In "Endrew F. v. Douglas County School District RE-1" (2017), the U.S. Supreme Court revised the prior substantive standard for determining FAPE that the court had developed in…
Descriptors: Individualized Education Programs, Students with Disabilities, Court Litigation, Equal Education
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Kristina E. Ingles; Heather M. Dulas; Humberto Peña Jr.; Sarah Nichols; Elliott McFarlane; Megan Benzel; Lisa Bowman-Perrott – Journal of the American Academy of Special Education Professionals, 2025
Aversive procedures such as seclusion and restraint are generally viewed as emergency only procedures in school settings. However, they are still used too often to respond to student behaviors in schools. The purpose of this scoping review was to determine which types of documents have been published in peer-reviewed journals, the degree of…
Descriptors: Punishment, Discipline, Student Behavior, 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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Katsiyannis, Antonis; Losinski, Mickey; Parks Ennis, Robin – Preventing School Failure, 2015
Individualized education programs are considered the cornerstone of the Individuals With Disabilities Education Act and serve as the means to determine whether qualified students with disabilities receive a Free Appropriate Public Education. This article aims to examine a recent circuit court ruling regarding the applicability of retrospective…
Descriptors: Individualized Education Programs, Court Litigation, Educational Practices, Meetings
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Brady, Lawrence; Mahoney, Tara Q.; Lovich, Justin M.; Scialabba, Nicole – Journal of Physical Education, Recreation & Dance, 2018
Practical experiential learning opportunities have become an integral component of linking the theory of academia to the practice of industry. Sport industry officials, for example, have identified the internship as the most important element of a sport management program. In meeting the demands of the industry, the internship has become the most…
Descriptors: Experiential Learning, Internship Programs, Federal Legislation, Labor Legislation
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Zirkel, Perry A. – Exceptional Children, 2018
This article provides a systematic and impartial analysis of the law, including hearing and review officer as well as judicial decisions, specific to the intersection of response to intervention (RTI) and school districts' ongoing affirmative obligation of child find. The results reveal that this intersection has not been the subject of…
Descriptors: Response to Intervention, School Districts, Program Implementation, Disabilities
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Zirkel, Perry A. – Career Development and Transition for Exceptional Individuals, 2018
Starting with a constructive critique of legal articles in special education journals concerning transition services under the Individuals With Disabilities Education Act (IDEA), this article presents an empirical analysis of relevant judicial rulings for the period 1990-2016 that shows a prevailing prodistrict approach that is not otherwise…
Descriptors: Transitional Programs, Educational Legislation, Disabilities, Equal Education
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McBride, Shirley R. – Journal of the International Association of Special Education, 2013
This article reviews the historical context in which Canadian legislation and policy for children with special needs has evolved. The potential for the rights of students with special needs in light of the Canadian Charter of Rights and Freedoms is outlined. The role of the Federal and Provincial governments in legislation and policy vis-à-vis…
Descriptors: Special Education, Educational Legislation, Educational Policy, Foreign Countries
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Russo-Campisi, Jacqueline – Child & Youth Care Forum, 2017
Background: The research on evidence-based practices (EBP) in special education has shifted over the last decade from identifying efficacious interventions to exploring issues that impede implementation in the classroom. Common barriers to implementation include absence of training and resources, limited collaboration between researchers and…
Descriptors: Evidence Based Practice, Special Education, Theory Practice Relationship, Barriers
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Zirkel, Perry – Physical Disabilities: Education and Related Services, 2019
Representing a sequel to a similar case law snapshot in mid-2010, this article provides an updated overview of the judicial and administrative case law concerning students with traumatic and nontraumatic brain injury in the P-12 school context. The scope is limited to cases under the Individuals with Disabilities Education Act and the pair of…
Descriptors: Head Injuries, Neurological Impairments, Students with Disabilities, Court Litigation
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Sinkonis, Laura – Journal of the American Academy of Special Education Professionals, 2017
The originators of special education law anticipated disputes and provided due process hearings as a means to settle the disputes. However, due process proved to be unfair, costly (financially and emotionally), and destructive to school-family relationships. Years later, lawmakers offered mandated mediation along with resolution meetings in…
Descriptors: Individualized Education Programs, Literature Reviews, Special Education, Conflict Resolution
Frankenburg, Erica – Equity Assistance Center Region II, Intercultural Development Research Association, 2018
While some state and local education agencies may raise concerns over shifting legal principles and political apprehension in pursuing strategies that integrate students across race, socioeconomic status, and other factors, the changing demographics warrant serious inquiry into integration opportunities. This paper surveys the landscape of K-12…
Descriptors: Racial Integration, Elementary Secondary Education, Socioeconomic Status, Race
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Zirkel, Perry A. – Exceptionality, 2015
A comprehensive search identified 42 court decisions from late 1996 to early 2014 concerning the primary modern meaning of child find under the Individuals with Disabilities Education Act (IDEA)--whether the district had reasonable suspicion of eligibility and yet did not evaluate the child. The findings from a systematic analysis of these court…
Descriptors: Federal Legislation, Educational Legislation, Disabilities, Equal Education
Center for Public Education, National School Boards Association, 2021
Since the first charter school law passed in Minnesota in 1991, over 40 states and the District of Columbia have passed laws allowing the publicly funded, privately managed, and semiautonomous schools of choice. Ever since the first charter school opened in Minnesota in 1992, the battle for fair funding has raged across the land. On the one hand,…
Descriptors: Charter Schools, Educational Finance, Financial Support, Academic Achievement
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Baker, Bruce D.; Welner, Kevin G. – Teachers College Record, 2011
Background/Context: School finance litigation has often prompted funding reforms, but what happens as a result is the subject of considerable dispute. Purpose: This article explores design problems encountered in studies examining the nature and effects of those reforms. Analysis: After describing the development and current status of school…
Descriptors: Finance Reform, Educational Finance, Court Litigation, Research Methodology
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