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Manifestation Determinations under the IDEA: An Update
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Perry A. Zirkel – Communique, 2024
The central school district obligation for disciplinary changes in placement under the Individuals with Disabilities Education Act (IDEA) is to answer the question of whether the conduct at issue is a manifestation of the individual student's disability. School psychologists often play a key role in this team-based manifestation determination…
Descriptors: Federal Legislation, Equal Education, Students with Disabilities, Educational Legislation
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
Legal Aspects of Preventing Problem Behavior
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O'Shea, Dorothy J.; Drayden, Margaret – Exceptionality, 2008
Changes to the Individuals with Disabilities Education Improvement Act (Public Law 108-446) (now known as the Individuals with Disabilities Education Act of 2004: IDEA) mandated new requirements for providing discipline to students with disabilities. These changes led to simplified procedures when students with disabilities commit infractions of…
Descriptors: Discipline, Prevention, Disabilities, Educational Legislation
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
State Policies Concerning the Use of Seclusion Timeout in Schools
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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
Functional Assessment: A Systematic Process for Assessment and Intervention in General and Special Education Classrooms.
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McConnell, Mary E.; Hilvitz, Perry B.; Cox, Carol J. – Intervention in School and Clinic, 1998
Describes a 10-step process that educators can use when conducting functional assessments and developing Behavioral Intervention Plans required under the Individuals with Disabilities Education Act Amendments of 1997 for students with disabilities with behavior problems. A case study is provided to illustrate the process. (Author/CR)
Descriptors: Behavior Modification, Behavior Problems, Case Studies, Disabilities