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Perry A. Zirkel – Communique, 2025
For many students, when considering eligibility for special education under the Individuals with Disabilities Education Act (IDEA), the primary (though not only) classification at issue is emotional disturbance (ED). Despite continuing professional controversy concerning the IDEA's definitional criteria for the emotional disturbance…
Descriptors: Emotional Disturbances, Eligibility, Special Education, Equal Education
David N. Miller – Communique, 2025
One of the more salient roles of school psychologists is the school-based assessment of child and adolescent mental health problems. The most widely used diagnostic and classification system for mental health disorders in the United States is the Diagnostic and Statistical Manual of Mental Disorders (DSM). Many school psychologists (or their…
Descriptors: Clinical Diagnosis, School Psychologists, Mental Disorders, Guides
Zirkel, Perry A.; Irwin, Lauren; Locuniak, Maria N. – Communique, 2023
This next article in the series on evaluation under the Individuals with Disabilities Education Act (IDEA) focuses on the common, core responsibility of school psychologists for timely completion of the initial evaluation. For this topic, first is a legal analysis and then a discussion for professional implementation that includes ethical…
Descriptors: Educational Legislation, Equal Education, Students with Disabilities, Federal Legislation
Zirkel, Perry A.; Locuniak, Maria N.; Roberts, Erica S. – Communique, 2023
"Evaluation" under the Individuals with Disabilities Education Act (IDEA) is among the major responsibilities of school psychologists. This concluding article in the series on evaluation under the IDEA provides legal analysis and professional recommendations related to procedural appropriateness. Specifically, it addresses notices,…
Descriptors: Equal Education, Federal Legislation, Educational Legislation, Students with Disabilities
Zirkel, Perry A. – Communique, 2022
The purposes of evaluation, as shown in its definition in the Individuals with Disabilities Education Act's (IDEA) regulations (2019, § 300.15), concern eligibility and free appropriate public education (FAPE). For the initial evaluation, the focus of the IDEA legislation is to determine whether the child is eligible and, if so, the nature and…
Descriptors: Federal Legislation, Educational Legislation, Students with Disabilities, Equal Education
Perry A. Zirkel – Communique, 2024
The term "child find" refers to a district's ongoing obligation to evaluate upon reason to suspect a child may meet IDEA eligibility standards. This obligation consists of two components: a reasonable suspicion of eligibility and initiating the evaluation within a reasonable period of time. Because child find is a procedural matter, it…
Descriptors: Educational Legislation, Equal Education, Federal Legislation, Students with Disabilities
Alba, Laura A.; Bains, Bhawandeep K. – Communique, 2022
The McKinney--Vento Act mandates schools to provide students experiencing homelessness or residential instability with access to a stable education by removing barriers to enrollment and attendance (National Center for Homeless Education [NCHE], 2014). Despite this federal legislation guaranteeing students the right to attend school without proof…
Descriptors: Elementary School Students, Secondary School Students, Homeless People, Graduate Study
Perry 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, 2022
Extended school year (ESY) under the Individuals with Disabilities Education Act (IDEA) has become a more frequent issue as a result of the learning loss and increased needs of some special education students due to the COVID-19 pandemic. School psychologists often play a significant role in implementation of the IDEA requirements specific to ESY.…
Descriptors: Extended School Year, Educational Legislation, Equal Education, Federal Legislation
Sarah Kiperman; Jonie Welland; Michael Paff; Heather Walter-McCabe – Communique, 2024
The legal landscape has significantly impeded LGBTQ+ youth's rights at home and in schools. Learn about introduced and passed laws, the impact experienced by LGBTQ+ students, and how school psychologists can preserve LGBTQ+ mental health in these challenging times.
Descriptors: LGBTQ People, Student Rights, Mental Health, School Psychologists
Kelli R. Lahman; Merly Hughes; Matthew T. Roberts; Justin P. Allen – Communique, 2024
This article summarizes Allen and Roberts's (2024) study on school psychologists' practices and perceptions regarding manifestation determination reviews (MDRs). It emphasizes the critical role of MDRs in protecting the rights of students with disabilities and highlights the challenges faced by school psychologists in this high-stakes process.
Descriptors: School Psychologists, Role, Student Rights, Students with Disabilities
Zirkel, Perry A. – Communique, 2021
The purposes of this article are (a) to canvass the current legislation, regulations, and illustrative agency policy interpretations specific to "transition services" under the Individuals with Disabilities Education Act (IDEA, 2018), and (b) to provide an update of the court decisions since the coverage of an earlier overview of the…
Descriptors: Transitional Programs, Equal Education, Educational Legislation, Students with Disabilities
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, 2022
For this 22nd article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, the topic is child find and eligibility under the Individuals with Disabilities Education Act (IDEA), including as a secondary matter the intersecting requirement for a comprehensive…
Descriptors: Educational Legislation, Equal Education, Students with Disabilities, Federal Legislation
Franci Crepeau-Hobson; Scott A. Woitaszewski; Melissa A. Reeves – Communique, 2024
Behavior threat assessment and management (BTAM) is a process for identifying students who pose a threat of violence. When BTAM results in a removal from school (e.g., suspension, expulsion, hospitalization), teams need to plan for the student's potential return. This article describes best practices for reintegrating a student into school…
Descriptors: Educational Legislation, Equal Education, Federal Legislation, Students with Disabilities
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