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Zirkel, Perry A. – Communique, 2022
The peer-reviewed special education literature has included notable attention to the peer-reviewed research (PRR) provision that the 2004 amendments added to the Individuals with Disabilities Education Act (IDEA). However, as with the other IDEA issues, the legal accuracy of this translating treatment for special education professionals is subject…
Descriptors: Special Education, Educational Legislation, Equal Education, Students with Disabilities
Zirkel, Perry A. – Communique, 2021
When parents of students with disabilities reach impasse with school districts, after exhausting informal interactions and alternative dispute resolution mechanisms, such as facilitated IEP meetings and mediation, what is the next step if they seek a binding third-party decision under the IDEA? The typical answer, especially if the underlying…
Descriptors: Educational Legislation, Equal Education, Federal Legislation, Students with Disabilities
Zirkel, Perry A. – Communique, 2021
School psychologists often play a significant role in implementation of the requirements under the Individuals with Disabilities Education Act (IDEA) specific to independent educational evaluations (IEEs). The school psychology and special education literature addresses professional norms for IEEs (e.g., Schrank et al., 2006), but its coverage of…
Descriptors: Student Evaluation, Educational Legislation, Equal Education, Federal Legislation
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
Winnick, Joel B.; David, Jennie G.; Chancey, Leigh; Buzenski, Jessica; Woika, Shirley – Communique, 2023
Pediatric inflammatory bowel disease is on the rise. School psychologists must understand the significant physical, emotional, and psychological effects of this condition to be effective advocates for students and their families, and to conduct well-informed, comprehensive evaluations for this population. This article discusses the academic,…
Descriptors: Chronic Illness, Special Needs Students, At Risk Students, School Psychologists
Zirkel, Perry A. – Communique, 2022
For this 23rd article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, the topic is the substantive standard for free appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA), with a focus on the classification of…
Descriptors: Educational Legislation, Students with Disabilities, Equal Education, Federal Legislation
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
Zirkel, Perry A. – Communique, 2019
For this 17th article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, the topic is the Individuals with Disabilities Education Act's (IDEA) central obligation, free appropriate public education (FAPE). More specifically, the focus here is procedural and…
Descriptors: Disabilities, Educational Legislation, Equal Education, Federal Legislation
O'Brien, Shawn K. – Communique, 2018
This past March, the Supreme Court issued a decision, "Endrew F. v. Douglas County School District RE-1," that has the potential to change the definition of "appropriate" in what constitutes a free and appropriate education (FAPE), at least within some U.S. jurisdictions. This article briefly summarizes the ruling, with a focus…
Descriptors: School Psychologists, School Psychology, Court Litigation, Educational Legislation
Yu, Rondy; Monteiro, Elissa – Communique, 2020
Nonpublic schools (NPSs) are used by local education agencies (LEAs) across the country to serve students with exceptional needs. These students are often reported to suffer from mental health challenges and engage in severe problem behaviors. The social and financial costs associated with NPS placements are significant, and it is imperative that…
Descriptors: School Psychologists, Student Placement, School Districts, Special Needs Students
Zirkel, Perry A. – Communique, 2016
For this 10th article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, the focus is eligibility under the Individuals with Disabilities Education Act (IDEA). For this purpose, the courts have generally agreed that, based on the definitions in the IDEA's…
Descriptors: School Psychology, Court Litigation, Eligibility, Disabilities
Osher, Daniel A. – Communique, 2016
School psychologists have a close, often uncomfortable relationship with the law, as much of what they do from day to day is defined by the Individuals with Disabilities Education Improvement Act (IDEA, 2004) and related state law. However, judges deciding cases often do not have a detailed understanding of how education and schools work, and…
Descriptors: School Psychologists, School Psychology, Legal Responsibility, Disabilities
Zirkel, Perry A. – Communique, 2019
A persistent problem in the professional literature in school psychology and related fields, such as special education, is the insufficient treatment of legal issues in terms of not only quantity (e.g., Zaheer & Zirkel, 2014) but also quality (e.g., Zirkel, 2014). The quality dimension is illustrated in the coverage of the Supreme Court's…
Descriptors: Misconceptions, Disabilities, Educational Legislation, Equal Education
McKenney, Elizabeth L. W. – Communique, 2017
On March 22, 2017, the Supreme Court unanimously ruled that schools are obligated to provide more than de mimimus services for students with disabilities. The core issue in "Endrew F. v. Douglas County Schools" is how schools are to define the "A" in FAPE: What is an appropriate public education? Douglas County schools held…
Descriptors: School Districts, Educational Legislation, Autism, Individualized Education Programs
Zirkel, Perry A. – Communique, 2016
For this ninth article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, this author provides a summary of a concussion- related case and provides responses to a series of questions by three members of the school psychology profession. The issue in this…
Descriptors: School Psychology, Counselor Role, Court Litigation, Individualized Education Programs
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