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Direct linkZirkel, Perry A. – Intervention in School and Clinic, 2022
This article delineates the four successive dimensions of the Individuals with Disabilities Education Act's (IDEA) central obligation of "free appropriation public education" that the courts have developed thus far: (a) procedural, (b) substantive, (c) incomplete implementation of the last Individualized Education Program (IEP), and (d)…
Descriptors: Educational Legislation, Federal Legislation, Equal Education, Students with Disabilities
Zirkel, Perry A. – Journal of Special Education Leadership, 2023
Although varying among and within the states, the percentage of students with 504 plans is steadily and significantly increasing as a national average. Although the professional literature addresses the legal standards for eligibility for 504 plans, it has not provided up-to-date information to practitioners as to the legal standard for the…
Descriptors: Federal Legislation, Students with Disabilities, Court Litigation, Program Development
Zirkel, Perry A. – TEACHING Exceptional Children, 2020
Teachers and parents often find special education law complex and confusing. As one step for a basic foundation in special education law, a previous "TEACHING Exceptional Children" article (Zirkel, 2005) provided a snapshot of the "top five case concepts" based on 10 decisions from the Supreme Court. Each of these decisions…
Descriptors: Special Education, Educational Legislation, Students with Disabilities, Disabilities
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
Zirkel, Perry A. – Teacher Education and Special Education, 2015
Intended as professional development for both new and experienced special educators, this article provides both the basic requirements and nuanced issues for foundational, successive, and overlapping key components under the Individuals With Disabilities Education Act (IDEA): (a) child find, (b) eligibility, and (c) free appropriate public…
Descriptors: Federal Legislation, Educational Legislation, Disabilities, Equal Education
Zirkel, Perry A. – Behavioral Disorders, 2014
Author Perry Zirkel writes in this article that given the central role of law in special education, exemplified by the Individuals with Disabilities Education Act (IDEA), it is fitting that the literature is replete with refereed journal articles specific to the legal dimension of various key issues of professional practice. He feels, however,…
Descriptors: Special Education, Educational Legislation, Federal Legislation, Constitutional Law
Zirkel, Perry A. – Exceptional Children, 2013
This article examines a critical question for the special education community: What should be the current meaning of "free appropriate public education" (FAPE) in light of not only the Supreme Court's landmark "Rowley" decision in 1982 but also developments in the 30 years since then? After synthesizing what the…
Descriptors: Federal Legislation, Educational Legislation, Court Litigation, Disabilities
Zirkel, Perry A. – Journal of Special Education Leadership, 2011
Children with autism accounted for almost one third of a comprehensive sample of published court decisions concerning the core concepts of free appropriate public education (FAPE) and least restrictive environment (LRE) under the Individuals With Disabilities Education Act. The other major, and more significant, finding was that when comparing…
Descriptors: Autism, Disproportionate Representation, Disabilities, Court Litigation
Zirkel, Perry A. – Intervention in School and Clinic, 2013
An overview is provided of five recent legal developments that merit special attention of special educators: (a) the amended Individuals with Disabilities Education Improvement Act (IDEIA) regulations concerning parental consent, including subsequent agency interpretations concerning their practical application; (b) the IDEIA provisions and…
Descriptors: Special Education, Federal Legislation, Informed Consent, Individualized Education Programs
Zirkel, Perry A. – Journal of Special Education Leadership, 2012
Special education leaders need to be aware of long-standing general regulatory requirements under [image omitted]504 for which school districts are often vulnerable. Special education leaders also have to keep current on recent legal developments for "[image omitted]504-only" students, including the effects of the Americans with…
Descriptors: Disabilities, Special Education, Individualized Education Programs, Educational Legislation
Zirkel, Perry A. – TEACHING Exceptional Children, 2011
In this article, the author provides legal explanations to the following concerns: (1) case law on specific learning disability (SLD) eligibility; (2) recent developments on response to intervention (RTI); (3) Individuals with Disabilities Education Act (IDEA) rules; and (4) the Free Appropriate Public Education (FAPE) regulation. The author's…
Descriptors: Learning Disabilities, Public Education, Court Litigation, Educational Legislation
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
Zirkel, Perry A. – TEACHING Exceptional Children, 2009
In this article the author provides legal explanations to the following concerns: (1) Free Appropriate Public Education (FAPE) and Individualized Education Programs (IEPs); (2) Functional Behavior Assessments (FBAs) and Behavior Intervention Plans (BIPs); (3) Manifestation Determinations under Individuals with Disabilities Education Act (IDEA);…
Descriptors: Individualized Education Programs, Individualized Programs, Disabilities, Individualized Instruction
Zirkel, Perry A.; Rose, Tessie – Journal of Special Education Leadership, 2009
A systematic analysis of the references to "scientifically based research" (SBR) and closely related terms, such as "peer-reviewed research" (PRR), in the Individuals with Disabilities Education Act (IDEA) legislation, regulations, commentary, and case law reveal that SBR and its primary variants apply largely to state support…
Descriptors: Educational Research, Learning Disabilities, School Districts, Technical Assistance
Holler, Rachel; Zirkel, Perry A. – School Administrator, 2008
Section 504 is civil rights legislation that is part of the Rehabilitation Act of 1973. Section 504 directly affects public schools, prohibiting discrimination against persons with disabilities. More specifically to students with disabilities, Section 504 provides various procedural protections and, for students, an entitlement to…
Descriptors: Civil Rights, Civil Rights Legislation, Disabilities, Public Education
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