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Direct linkZirkel, Perry A. – Communique, 2015
This fifth article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, asks readers to consider the summary of the Illinois case presented, and the questions and answers that follow. The primary issue is whether the school district's adverse employment…
Descriptors: School Psychology, Legal Responsibility, School Psychologists, School Districts
Zirkel, Perry A. – Communique, 2016
For this ninth article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, this author provides a summary of a concussion- related case and provides responses to a series of questions by three members of the school psychology profession. The issue in this…
Descriptors: School Psychology, Counselor Role, Court Litigation, Individualized Education Programs
Peer reviewedKaranxha, Zorka; Zirkel, Perry A. – Journal of Special Education Leadership, 2014
The Individuals with Disabilities Education Act (IDEA) obligates school districts to identify students with disabilities and provide them with a free and appropriate public education (FAPE), which includes specially designed instruction. Identification, FAPE, least restrictive environment (LRE), and various other issues under the IDEA sometimes…
Descriptors: Federal Legislation, Educational Legislation, Equal Education, Disabilities
Zirkel, Perry A.; Brown, Brenda Eagan – Journal of School Nursing, 2015
This article provides a multipart analysis of the public schools' responsibility for students with concussions. The first part provides the prevailing diagnostic definitions of concussions and postconcussive syndrome. The second and central part provides (a) the legal framework of the two overlapping federal laws--the Individuals with Disabilities…
Descriptors: Elementary School Students, Secondary School Students, Head Injuries, Neurological Impairments
Zirkel, Perry A. – Communique, 2014
As the second iteration of the reexamination of recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, this article considers the following pair of cases with regard to the issue of eligibility under the classification of specific learning disabilities (SLD) under the Individuals…
Descriptors: School Psychology, School Psychologists, Eligibility, Learning Disabilities
Zirkel, Perry A. – Communique, 2019
Restraints and other aversives continue to be an active area of legal activity, particularly for students with disabilities. The March/April 2016 issue of Communiqué provided an update of the case law specific to school district use of restraints (Zirkel, 2016). Since then, various sources have provided successive snapshots of state restraint and…
Descriptors: Students with Disabilities, Student Behavior, Discipline, Behavior Modification
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. – Learning Disability Quarterly, 2012
In this issue of "Learning Disability Quarterly" (LDQ), Professors Daves and Walker reply to my earlier LDQ article on confusion in the cases and commentary about the legal dimension of RTI. In this brief rejoinder, I show that their reply confirms rather than resolves the confusion in their original commentary in 2010. This persistent…
Descriptors: Learning Disabilities, Court Litigation, Response to Intervention, Federal Legislation
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
Zirkel, Perry A. – Exceptional Children, 2012
This study analyzed the 65 hearing officer decisions in Illinois between 1982 and 2010 that were subject to a court appeal available in the Westlaw or Individuals With Disabilities Education Law Report (IDELR) databases. These 65 cases yielded 86 issue rulings. Based on refined measures of outcomes and deference, or standard of judicial review,…
Descriptors: Disabilities, Court Litigation, Federal Legislation, Educational Legislation
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. – 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
Zaheer, Imad; Zirkel, Perry A. – Psychology in the Schools, 2014
The many challenges that school psychologists face inevitably include legal issues. In light of the agreement between the two primary professional organizations for school psychologists that understanding of law is a critical competency, this study analyzed the extent of law-based articles in leading school psychology journal articles published…
Descriptors: School Psychologists, Journal Articles, Content Analysis, Legal Problems
Zirkel, Perry A. – Journal of Psychoeducational Assessment, 2013
The article by Dixon, Eusebio, Turton, Wright, and Hale is entitled "Forest Grove School District v. T.A. Supreme Court Case: Implications for School Psychology Practice." Its implications are that a "comprehensive evaluation" under the Individuals with Disabilities Education Act (IDEA) requires assessment of the child's…
Descriptors: Court Litigation, Special Education, Disability Identification, Federal Legislation
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
