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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
Hart, Shelley R. – Communique, 2018
Bipolar disorder has been one of the more hotly contested revisions for the new "Diagnostic and Statistical Manual of Mental Disorders" ("DSM-5"; American Psychiatric Association [APA], 2013). At the heart of the "DSM-5" debate has been the fundamental question, "Is the diagnosis of bipolar disorder…
Descriptors: Mental Disorders, Clinical Diagnosis, School Psychologists, Individualized Education Programs
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
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
Zirkel, Perry A. – Communique, 2012
Given their pivotal position, school psychologists have understandable concerns about the possibility of becoming the target of the relatively frequent legal proceedings under the Individuals with Disabilities Education Act (IDEA). Indeed, the threat of litigation can contribute to a flight from the profession (Lange, 2011). Yet, an informal…
Descriptors: Disabilities, Civil Rights, Court Litigation, School Psychologists
Zirkel, Perry A. – Communique, 2011
The school psychologist plays a central role in eligibility and other determinations under the Individuals with Disabilities Education Act (IDEA) not only at the school level but also, upon formal disputes, at the successive adjudicative levels of impartial hearing officers and courts. One of the sources of professional confusion that requires…
Descriptors: Eligibility, State Legislation, School Psychologists, Mental Disorders
Zirkel, Perry A. – Communique, 2014
Less frequently than you might expect, a court case within the booming world of special education litigation focuses on the evaluation practices of a school psychologist. The appropriateness of such practices merits comparative examination from both professional and legal perspectives. This article contains the facts for examination under these…
Descriptors: School Psychology, Court Litigation, Special Education, School Psychologists