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Zirkel, Perry A. – Exceptional Children, 2018
This article provides a systematic and impartial analysis of the law, including hearing and review officer as well as judicial decisions, specific to the intersection of response to intervention (RTI) and school districts' ongoing affirmative obligation of child find. The results reveal that this intersection has not been the subject of…
Descriptors: Response to Intervention, School Districts, Program Implementation, Disabilities
Zirkel, Perry A. – Communique, 2018
Specific learning disability (SLD), although moderately declining in recent years, continues to account for the highest enrollment among the eligibility classifications under the Individuals with Disabilities Education Act (IDEA; Zirkel, 2013b). The recognition of response to intervention (RTI) in the 2004 amendments of the IDEA as an approach for…
Descriptors: Learning Disabilities, Response to Intervention, Special Education, Eligibility
Zirkel, Perry A. – Learning Disability Quarterly, 2018
The legal dimension of response to intervention (RTI) has been the subject of considerable professional confusion. This brief article addresses the issue in three parts. The first part provides an update of a previous iteration that compared 12 common conceptions, referred to here as the "lore," with an objective synthesis of the…
Descriptors: Response to Intervention, Court Litigation, School Law, Educational Policy
Zirkel, Perry A. – Learning Disability Quarterly, 2017
This article provides a concise and objective synthesis of the federal legislation, regulations, and agency policy interpretations; state laws; and case law, including hearing officer and complaint investigation decisions, concerning specific learning disability (SLD) identification since the 2006 IDEA regulations. The results reveal wide latitude…
Descriptors: Learning Disabilities, Disability Identification, Federal Legislation, Federal Regulation
Zirkel, Perry A. – Communique, 2011
A previous exploratory analysis revealed that students with autism were notably overrepresented in published court decisions concerning the IDEA's core concepts of "free appropriate public education" (FAPE) and "least restrictive environment" (LRE). More specifically, for the period 1993 to 2006, the proportion of this…
Descriptors: Disabilities, Autism, Classification, Court Litigation
Zirkel, Perry A. – Communique, 2012
Given their pivotal position, school psychologists have understandable concerns about the possibility of becoming the target of the relatively frequent legal proceedings under the Individuals with Disabilities Education Act (IDEA). Indeed, the threat of litigation can contribute to a flight from the profession (Lange, 2011). Yet, an informal…
Descriptors: Disabilities, Civil Rights, Court Litigation, School Psychologists
Zirkel, Perry A. – Remedial and Special Education, 2010
This article provides an update of a previous analysis of the case law concerning manifestation determinations culminating in the revised pertinent provisions of the Individuals with Disabilities Education Act (IDEA) 2004. Specifically, the update consists of a synthesis of the legislative history, Office of Special Education Programs…
Descriptors: Mental Disorders, Learning Disabilities, Hyperactivity, Attention Deficit Hyperactivity Disorder
Zirkel, Perry A. – TEACHING Exceptional Children, 2009
In this article, the author identifies and answers questions related to IDEA eligibility issues and the Free Appropriate Public Education (FAPE) regulation. The author's answers to several questions concerning legal issues are presented.
Descriptors: Public Education, Federal Legislation, Attention Deficit Hyperactivity Disorder, Individualized Education Programs