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Zirkel, Perry A. – Physical Disabilities: Education and Related Services, 2011
This article provides a comprehensive and current synthesis of the legislation, regulations, policy interpretations, and case law concerning students with traumatic and nontraumatic brain injury from pre-K to grade 12. The primary focus is the Individuals with Disabilities Education Act, but the scope extends to other applicable legal bases. The…
Descriptors: Head Injuries, Brain, Legal Responsibility, Federal Legislation
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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. – 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. – Communique, 2012
Response to intervention (RTI) is a major current issue at the intersection of general and special education, with the school psychologists in their usual central position. The literature is replete with scholarly and practical sources on RTI, but the legal sources are limited. A few articles provide systematic coverage of the relevant provisions…
Descriptors: School Psychologists, Laws, Court Litigation, Response to Intervention
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Zirkel, Perry A.; Thomas, Lisa B. – TEACHING Exceptional Children, 2010
Professionally, and ultimately legally, the definition of "specific learning disabilities" (SLD) has been "a long-standing source of controversy, conflict, and crisis." Yet students with SLD continue to be more numerous by far than any other group receiving special education services. The long-time controversy concerning the…
Descriptors: Intervention, Eligibility, Learning Disabilities, Laws
Zirkel, Perry A. – Communique, 2014
Less frequently than you might expect, a court case within the booming world of special education litigation focuses on the evaluation practices of a school psychologist. The appropriateness of such practices merits comparative examination from both professional and legal perspectives. This article contains the facts for examination under these…
Descriptors: School Psychology, Court Litigation, Special Education, School Psychologists
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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. – Principal Leadership, 2011
A review of some basic concepts in special education law will help principals better understand the complex laws and regulations implicated in common situations. This article cites a case scenario that illustrates various potential issues under IDEA 2004 and Section 504 of the Rehabilitation Act. Chris is in the 10th grade, and his parents have…
Descriptors: Special Education, Principals, Educational Legislation, Disabilities
Zirkel, Perry A. – Communique, 2011
The school psychologist plays a central role in eligibility and other determinations under the Individuals with Disabilities Education Act (IDEA) not only at the school level but also, upon formal disputes, at the successive adjudicative levels of impartial hearing officers and courts. One of the sources of professional confusion that requires…
Descriptors: Eligibility, State Legislation, School Psychologists, Mental Disorders
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Zirkel, Perry A. – Learning Disability Quarterly, 2011
This article expresses the position that the current legal commentary and cases do not sufficiently differentiate response to intervention (RTI) from the various forms of general education interventions that preceded it, thus compounding confusion in professional practice as to legally defensible procedures for identifying children as having a…
Descriptors: Learning Disabilities, Laws, Integrity, Response to Intervention
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Zirkel, Perry A. – Journal of Learning Disabilities, 2013
Based on the latest U.S. Department of Education data, this article presents the enrollment figures for students identified with specific learning disabilities (SLD) under the Individuals with Disabilities Education Act (IDEA) for the school years from 1995-1996 to 2011-2012. The figures for each year are (a) the number of students with SLD ages 6…
Descriptors: Enrollment Trends, Response to Intervention, Learning Disabilities, Incidence
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Zirkel, Perry A.; McGuire, Brooke L. – Journal of Special Education Leadership, 2010
This article maps out the similarities and differences among the various routes to Individuals with Disabilities Education Act (IDEA) and Section 504 dispute resolution, including those not widely and well known to special education leaders. For IDEA-eligible students, the alternative avenues consist of not only the impartial hearing procedures…
Descriptors: Civil Rights, Eligibility, Disabilities, Federal Legislation
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Zirkel, Perry A. – Learning Disability Quarterly, 2013
This short article provides a legal analysis of the Hale et al. white paper on specific learning disabilities identification. The white paper presents a purported consensus of experts that an approach combining response to intervention with severe discrepancy is consistent with the Individuals With Disabilities Education Act (IDEA). The analysis…
Descriptors: Learning Disabilities, Response to Intervention, Disability Identification, Position Papers
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Zirkel, Perry A. – TEACHING Exceptional Children, 2010
Students with specific learning disability (SLD) continue to account for a higher proportion of all special education enrollments than any other classification under the Individuals with Disabilities Education Act (IDEA). Probably the most frequent topic in the special education literature since the 2004 amendments to IDEA has been the movement…
Descriptors: Eligibility, Learning Disabilities, Laws, Special Education
Zirkel, Perry A. – Communique, 2011
Response to intervention (RTI) remains a major issue in both the professional literature and school practice. A series of previous "snapshot" studies traced the development of RTI in state laws concerning identification of students with specific learning disability (SLD). In the last article in this series, Zirkel and Thomas (2010) reported that…
Descriptors: General Education, State Legislation, Learning Disabilities, Laws
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