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Commentary on Zirkel: Judicial Rulings Specific to FBAs or BIPs under the IDEA and Corollary State Laws--An Update
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Horner, Robert H.; Yell, Mitchell L. – Journal of Special Education, 2017
The authors discuss the journal article by Perry Zirkel on legal action in regard to functional behavioral assessment (FBA) and behavior intervention plans (BIPs). They contend that the Zirkel article opens larger questions that will be central to ongoing discussions at the national, state, district, school, and family levels. Such issues include…
Descriptors: Functional Behavioral Assessment, Court Litigation, State Legislation, Intervention
When to Use Functional Behavioral Assessment? A State-by-State Analysis of the Law
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von Ravensberg, Heidi; Blakely, Allison – Technical Assistance Center on Positive Behavioral Interventions and Supports, 2015
Individuals with Disabilities Education Act (IDEA) promises all children with disabilities, including those with impeding challenging behavior, a free appropriate public education (FAPE) in the least restrictive environment (LRE). IDEA also promises educational support, in the form of positive behavioral interventions and supports (PBIS) when…
Descriptors: Disabilities, Educational Legislation, Equal Education, Federal 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
Good Discipline: Legislation for Education Reform. Appendices
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Losen, Daniel J. – National Education Policy Center, 2011
This paper presents the appendices included in the "Good Discipline: Legislation for Education Reform" report. Appended are: (1) Federal Data Requirements; (2) Maryland State Law Requiring Positive Behavioral Interventions and Support Program when suspension rates exceed a certain level; (3) The Act's provisions focused on training and…
Descriptors: State Legislation, Educational Change, Discipline Policy, Educational Legislation
State Special Education Laws for Functional Behavioral Assessment and Behavior Intervention Plans
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Zirkel, Perry A. – Behavioral Disorders, 2011
A comprehensive search identified 31 state statutes and regulations specific to functional behavioral assessments (FBA) and behavior intervention plans (BIP) in the special education context. A systematic tabulation of the state law provisions that exceed the rather narrow foundation requirements of the Individuals with Disabilities Education Act…
Descriptors: Intervention, State Legislation, Definitions, Laws
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