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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. – 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
National Center for Systemic Improvement at WestEd, 2023
The State Performance Plan/Annual Performance Report (SPP/APR) is an important tool for states to assess local education agency (LEA) implementation of IDEA. However, reviewing LEA performance on the SPP/APR indicators must not be the only tool. This Fast Five introduces five factors (plus one!) other than the SPP/APR indicators that states should…
Descriptors: Educational Legislation, Equal Education, Students with Disabilities, Federal Legislation
Zirkel, Perry A. – Communique, 2022
This article highlights the trends in state laws and judicial rulings specific to identification of and interventions for students with dyslexia.
Descriptors: Dyslexia, State Legislation, Equal Education, Educational Legislation
Rachel Grimsby; Erika J. Knapp – Arts Education Policy Review, 2024
State governments have the purview to interpret federal special education policies as they see fit. Interpretations of these policies to music education rarely are addressed within state special education policy. The authors selected four states to analyze and compare state special education policies; Illinois, Michigan, Texas, and Virginia.…
Descriptors: Special Education, Educational Legislation, Music Teachers, Music Education
Perry A. Zirkel – Communique, 2024
School psychologists are well served to stay up to date on trends in special education law, particularly with respect to determinations when school teams' decisions are challenged. This allows them to focus on proactive best practices that foster accurate specific learning disability (SLD) identification and active collaboration with parents. This…
Descriptors: Learning Disabilities, Students with Disabilities, Special Education, Educational Legislation
Chase, Alan Anthony – Journal of Visual Impairment & Blindness, 2022
Introduction: This study examined potential legal precedent set by holdings in administrative due process hearings where instruction in the expanded core curriculum (ECC) for school-age children was decided. Methods: This study used an analogical reasoning approach. This legal research method includes examining the rule of law, presenting cases…
Descriptors: Core Curriculum, Court Litigation, Individualized Education Programs, State Legislation
Sharon Ray; Imani Diaz; Shelby Doyle; Diane Kim; Alexandria Renieris; Angelica Scardino; Olivia Torres – Journal of Occupational Therapy, Schools & Early Intervention, 2023
There is no research available describing how school Occupational Therapy practitioners (OTPs) in Western New York (WNY) provide services. The purpose of this study was to determine OTP practice patterns in WNY schools, with a focus on delivery of contextual services and the contributing factors, consistent with American Occupational Therapy…
Descriptors: Educational Practices, Occupational Therapy, Evidence Based Practice, School Personnel
Yell, Mitchell L.; Edlein, Rachel; Katsiyannis, Antonis – Intervention in School and Clinic, 2023
In special education, medication often plays a critical role in meeting the needs of students with disabilities. The use of medications in schools, however, can be a problem when state laws and federal law conflict regarding the use of a medication, in this situation, medical marijuana. This column reports on a ruling by the U.S. District Court in…
Descriptors: Drug Use, Drug Therapy, Marijuana, Special Education
Zirkel, Perry A. – Communique, 2021
When parents of students with disabilities reach impasse with school districts, after exhausting informal interactions and alternative dispute resolution mechanisms, such as facilitated IEP meetings and mediation, what is the next step if they seek a binding third-party decision under the IDEA? The typical answer, especially if the underlying…
Descriptors: Educational Legislation, Equal Education, Federal Legislation, Students with Disabilities
Shupin, C. Jaye; Naimy, Brenda; Casias, Nicholas B. – Journal of Visual Impairment & Blindness, 2022
Over the last decade, many local education agencies (LEAs) across California imposed significant restrictions on community-based orientation and mobility (O&M) instruction. Administrators from these LEAs prohibited O&M Specialists from transporting students off-campus for instruction, with one large Southern California district going so…
Descriptors: Visually Impaired Mobility, Blindness, Visual Impairments, Students with Disabilities
Zirkel, Perry A. – Communique, 2020
Seclusion, used broadly to include time-out (Bon & Zirkel, 2014), and other aversives, such as restraint, continues to be an active area of legal activity, particularly for students with disabilities. The September 2016 issue of "Communiqué" provided an update of the case law specific to school district use of seclusion (Zirkel,…
Descriptors: Students with Disabilities, Discipline, Court Litigation, Constitutional Law
Zirkel, Perry A. – Communique, 2021
After dropping steadily from 2000-2001 to 2013-2014, the percentage of students identified under the IDEA classification of specific learning disabilities (SLD) levelled off and increased slightly until the latest data available (2017-2018; NCES, 2019). Despite the recognition in the IDEA amendments of 2004 of response to intervention (RTI) as…
Descriptors: Learning Disabilities, Students with Disabilities, Educational Legislation, Eligibility
Zirkel, Perry A. – Journal of Special Education Leadership, 2023
The confusing variations of terminology that connect "home" with instruction warrant special care in relation to students with disabilities. The underlying core of these varying terms amounts to three distinct placement options in relation to the Individuals with Disabilities Education Act (IDEA), here identified as homebound…
Descriptors: Students with Disabilities, Home Instruction, Student Placement, Home Schooling
McKee, Aja; Gomez, Audri Sandoval; Rodriguez, Sardis Susana; Myck-Wayne, Janice; Turner, Scott; Trujillo, Markus – Issues in Teacher Education, 2022
Access to general education preschool in California has varied for children with disabilities. One reason for the disparity of educational placement is the preschool regulations outlined in California Department of Education's Title 22: Community Care Licensing guidelines. These regulations, particularly in preschool, support or hinder preschool…
Descriptors: Preschool Education, State Legislation, State Regulation, Access to Education