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Zirkel, Perry A. – Communique, 2022
Since schools have generally resumed full in-person services, the legal issues for students with disabilities include not only the continuing line of cases challenging the level and efficacy of services during the pandemic but also the potential disputes about implementation or nonimplementation of "compensatory services" per federal and…
Descriptors: COVID-19, Pandemics, Legal Problems, Students with Disabilities
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Alarcon, Arthur Lance; Luckasson, Ruth – Journal of Special Education Leadership, 2017
The U.S. Department of Education (Department) issued a Dear Colleague Letter (Letter) on November 16, 2015, to "clarify that an individualized education program (IEP) for an eligible child with a disability under the Individuals with Disabilities Education Act (IDEA) must be aligned with the State's academic content standards for the grade in…
Descriptors: Alignment (Education), Individualized Education Programs, Legal Problems, Students with Disabilities
Quenemoen, Rachel F.; Thurlow, Martha L. – National Center on Educational Outcomes, 2019
A chain of interconnected events has occurred over the past four decades that can transform the lives of students with disabilities and their families. These events include the national policy shift to standards-based reform, legislative action that is reflected in reauthorizations of federal educational laws and regulations, and sustained state…
Descriptors: Students with Disabilities, Educational Policy, Educational Practices, Educational Change
Lowry-Fritz, Maureen A. – ProQuest LLC, 2016
The Individuals With Disabilities Education Act of 2004 (IDEA) is a piece of federal legislation that directs schools and districts to provide students with disabilities a "free appropriate public education." It contains numerous legal tools that parents can use to compel schools to develop appropriate educational programming for their…
Descriptors: Legal Problems, Disabilities, Educational Legislation, Equal Education
Zirkel, Perry A. – Communique, 2019
A persistent problem in the professional literature in school psychology and related fields, such as special education, is the insufficient treatment of legal issues in terms of not only quantity (e.g., Zaheer & Zirkel, 2014) but also quality (e.g., Zirkel, 2014). The quality dimension is illustrated in the coverage of the Supreme Court's…
Descriptors: Misconceptions, Disabilities, Educational Legislation, Equal Education
Privacy Technical Assistance Center, 2018
The administration of college admissions examinations by SEAs [state education agencies] and LEAs [local education agencies] raises potential legal issues under FERPA [Family Educational Rights and Privacy Act of 1974], IDEA [Individuals with Disabilities Education Act], PPRA [Protection of Pupil Rights Amendment], and state privacy laws, and…
Descriptors: College Entrance Examinations, Technical Assistance, Privacy, State Departments of Education
Canney, Melissa; Mezera, Danielle – Foundation for Excellence in Education (ExcelinEd), 2020
Given that work-based learning (WBL) can -- and should be -- a key driver of student career readiness in these efforts, it is essential that all states have a robust work-based learning continuum of experiences and exposure that spans K-16. WBL is an essential element of career and technical education (CTE), and ExcelinEd's CTE Playbook series…
Descriptors: Program Development, Work Experience Programs, State Policy, Educational Policy
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Collins, Lauren W.; Zirkel, Perry A. – Journal of Positive Behavior Interventions, 2017
Functional behavior assessments (FBAs) and behavior intervention plans (BIPs) are critical components in the education of students with, or at risk for, emotional disturbance (ED). The purpose of this article is to compare the legal requirements with the professional requirements for FBAs and BIPs. The comparison is first according to the…
Descriptors: Functional Behavioral Assessment, Intervention, Positive Behavior Supports, Legal Responsibility
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Dalsen, Jennifer – Journal of Special Education Technology, 2017
Disability law and technology services share a rich history. This article investigates this transformative relationship through the contextual framework of the Individuals with Disabilities Education Act. A summary of legal cases, accommodation services, and barriers to access are explored. This includes an overview of the challenges facing…
Descriptors: Educational Technology, Disabilities, Laws, Federal Legislation
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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
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Dieterich, Cynthia A.; Smith, Kristian J. – American Secondary Education, 2015
Career and technical education (CTE) provides students of all ability levels the opportunity to develop skills for a post-secondary career. When students with disabilities are included in CTE, educators are legally required to provide an appropriate program that meets each student's unique needs. There are, however, few discussions in the…
Descriptors: Special Education, Disabilities, Vocational Education, Secondary Education
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Perry, Sheila; Clarke, Marie – European Journal of Special Needs Education, 2015
This article outlines parents' struggle to secure adequate educational resources for their child(ren) with special educational needs within the Irish State system. The authors challenge the view that legislation facilitates practical advances that are meaningful to individual families. This small-scale exploratory study reports the findings from…
Descriptors: Foreign Countries, Special Education, Legal Problems, Lawyers
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Bolick, Clint – Education Next, 2017
This article discusses concerns about how Neil M. Gorsuch, a U.S. Supreme Court nominee, might influence decisions regarding cases involving the appropriate scope of services guaranteed by federal special-education law, government aid to religious institutions providing educational services, and how intellectual property law applies to sports…
Descriptors: Federal Courts, Judges, Personnel Selection, Decision Making
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Alquraini, Turki Abdullah – Journal of Research in Special Educational Needs, 2013
The lack of clear language in the Individuals with Disabilities Education Act (IDEA), which is the federal law that governs the provision of special education and related services to children with disabilities in the USA, has led to inconsistencies in school districts' decisions regarding the least restrictive environment (LRE). This uncertainty…
Descriptors: Legal Problems, Federal Legislation, Educational Legislation, Mainstreaming
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Kutnak, Michael J.; Janosik, Steven M. – College and University, 2015
This article explores the legal implications for U.S. higher education administrators who make admissions decisions regarding students with disabilities. A review of federal legislation, case law, and government agency rulings pertaining to higher education admissions and students with disabilities informs administrators of current law.…
Descriptors: Disabilities, College Students, College Admission, Admission Criteria
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