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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
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
Crosby, Shantel D.; Day, Angelique G.; Somers, Cheryl L.; Baroni, Beverly A. – Preventing School Failure, 2018
Court-involved, female students often experience trauma and disproportionate school discipline, complicating their academic success. This mixed-method study examines students' use of and experiences with the Monarch Room (MR), a trauma-informed disciplinary alternative. The study examines service utilization, using a repeated measures analysis of…
Descriptors: Suspension, Court Litigation, Females, Discipline
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
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
Gorn, Susan – 1999
Presented in a question-and-answer format, this book provides information related to how schools can effectively discipline students. It reviews in detail the controlling directives of the Individuals with Disabilities Education Act 1997 as it concerns students with disabilities and provides information on how the amended statute and new…
Descriptors: Behavior Problems, Court Litigation, Disabilities, Discipline Policy
