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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
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Brittney V. Root; Melina Melgarejo; Jessica Suhrheinrich – Administration and Policy in Mental Health and Mental Health Services Research, 2022
Autism spectrum disorder (ASD) is increasingly prevalent, intervention costs are high, and long-term outcomes are poor. Proactive implementation of evidence-based practices (EBPs; Steinbrenner et al., Evidence-Based Practices for Children, Youth, and Young Adults with Autism, 2020) through an assessment or planning process can lead to more…
Descriptors: Autism Spectrum Disorders, Students with Disabilities, School Personnel, Attitudes
Irons, Jenny – William T. Grant Foundation, 2019
Social science can be instrumental in illuminating responses to persistent social problems like racial or economic inequality. And a powerful starting point for studies that pursue this goal is a nuanced understanding of the problem at hand. That is, with a well-developed conceptualization of the contours, causes, and consequences of a given…
Descriptors: Social Problems, Equal Education, Financial Support, Racial Differences
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Meade, Whitney – Journal of Cases in Educational Leadership, 2019
When students with disabilities become agitated and physically aggressive, school resource officers (SROs) are often called to assist. This article addresses the question, "What is the role of the SRO when dealing with children who already have a behavior intervention plan (BIP) in place?" Faced with an increased presence of law…
Descriptors: Police, Law Enforcement, Special Education, Disabilities
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Bon, Susan C.; Zirkel, Perry A. – Journal of Special Education Leadership, 2014
During the past two decades, scholars, educators, and special interest organizations, including advocacy groups, have critically examined and debated the ethical and legal use of aversive interventions with individuals with disabilities. These interventions comprise a broad spectrum of behavior management techniques including but not at all…
Descriptors: Timeout, Behavior Problems, Laws, School Law
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Markham, Barbara – Pediatrics, 1980
Recent litigation of child abuse cases indicates that two contradictory policies compete for court approval. One policy would reduce the amount of intervention into abusive families on grounds of privacy. The other seeks to maintain and expand channels of investigation and treatment. Journal Availability: American Academy of Pediatrics, P.O. 1304,…
Descriptors: Child Abuse, Civil Rights, Court Litigation, Family Problems
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Rozalski, Michael E.; Yell, Mitchell L.; Boreson, Lynn A. – Journal of Special Education Leadership, 2006
Seclusion timeout and physical restraint are aversive procedures designed to reduce or eliminate students' serious problem behavior. Using these procedures with students in special education has become commonplace in the last decade. Nevertheless, both seclusion timeout and physical restraint procedures have been, and continue to be, quite…
Descriptors: Legal Problems, Student Behavior, Civil Rights, Hearings
Saywitz, Karen J.; And Others – 1990
An intervention to prepare children for pretrial interviews and testimony was tested. The goal of the intervention was to increase the completeness of young children's eyewitness accounts because their free recall is typically less complete than that of older children or adults. Seven- and 10-year-old children (N=132) were randomly assigned,…
Descriptors: Children, Court Litigation, Intervention, Interviews
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Lohrmann-O'Rourke, Sharon; Zirkel, Perry A. – Exceptional Children, 1998
This review of case law on aversive interventions for students with disabilities identifies legal boundaries and protections for students in five categories: electric shock, noxious substances, corporal punishment, restraints, and timeout. It finds that, despite the emergence of positive interventions, qualified support for aversive interventions…
Descriptors: Compliance (Legal), Court Litigation, Disabilities, Discipline
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
Bernard, Kent S. – Notre Dame Lawyer, 1976
Nonintervention and various forms of intervention are examined prior to a detailed exposition of a proposed contract approach in dealing with the problem of how the state should react when an individual invokes the civil courts against his religious organization. Two policy concerns, entanglement and reasonable expectation of members, are…
Descriptors: Churches, Civil Rights, Constitutional Law, Contracts
Gullett, C. Ray – Personnel Journal, 1978
From a private process between unions and management, labor arbitration has become a matter for federal arbitrators to decide. The article traces this development through various federal court cases and legislation, particularly unfair labor practice charges under Title VII of the Civil Rights Act. (MF)
Descriptors: Arbitration, Court Litigation, Equal Opportunities (Jobs), Federal Courts
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Rudolf, Alexander, Jr. – Social Work, 1995
The Supreme Court has ruled that certain professionals have immunity from civil rights lawsuits, but has not considered any cases involving social workers. A split view regarding the extent of social workers' immunity in investigating child abuse cases has appeared in two courts of appeals. Discusses immunity, the case in these two circuits, and…
Descriptors: Child Abuse, Civil Law, Civil Rights Legislation, Court Litigation
Barton, Lyle E.; And Others – Exceptional Education Quarterly, 1983
Litigation and the issues surrounding the use of behavioral procedures to handicapped persons are reviewed. Attention is directed to the use of aversive techniques, e.g., corporal punishment, electric shock, timeout, and restraint. (SEW)
Descriptors: Behavior Modification, Civil Rights, Court Litigation, Disabilities
Eberlein, Larry; Swindlehurst, Betty – School Guidance Worker, 1979
Presents legal paths counselors can take in protecting a student-client, often contrary to desires of parents. Counselors should be aware of legal responsibilities, student needs, and dynamics of family interaction patterns. Awareness of subtle signs of abuse and potentially neglectful situations will enable decisions on when and how to act.…
Descriptors: Child Abuse, Child Advocacy, Child Neglect, Counselors
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