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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
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
Download full textUS 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
Peer reviewedSmith, Carl R. – Exceptional Children, 2000
This article explores the status of implementation of the behavioral and discipline requirements of the Individuals with Disabilities Education Act of 1997. Data are presented from complaints, hearings, and court decisions that suggest that the overall discrepancy between competency expectation for Individualized Education Program (IEP) teams and…
Descriptors: Behavior Disorders, Compliance (Legal), Court Litigation, Disabilities
Varnham, Sally – Education and the Law, 2004
When a child with a disability behaves in a manner which threatens the safety of other children and staff in the school, school authorities are faced with a dilemma. The balance between the competing interests of individuals and the school community is never more clearly seen than in such a situation. The child has a right to participate equally…
Descriptors: Expulsion, School Safety, Disability Discrimination, Court Litigation
