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Perry A. Zirkel – Communique, 2024
School psychologists are well served to stay up to date on trends in special education law, particularly with respect to determinations when school teams' decisions are challenged. This allows them to focus on proactive best practices that foster accurate specific learning disability (SLD) identification and active collaboration with parents. This…
Descriptors: Learning Disabilities, Students with Disabilities, Special Education, Educational Legislation
Perry A. Zirkel; Mitchell L. Yell – Exceptional Children, 2024
The central obligation under the Individuals With Disabilities Education Act is to provide each eligible student with a free appropriate public education (FAPE). In "Endrew F. v. Douglas County School District RE-1" (2017), the U.S. Supreme Court revised the prior substantive standard for determining FAPE that the court had developed in…
Descriptors: Individualized Education Programs, Students with Disabilities, Court Litigation, Equal Education
Perry A. Zirkel – Communique, 2024
The term "child find" refers to a district's ongoing obligation to evaluate upon reason to suspect a child may meet IDEA eligibility standards. This obligation consists of two components: a reasonable suspicion of eligibility and initiating the evaluation within a reasonable period of time. Because child find is a procedural matter, it…
Descriptors: Educational Legislation, Equal Education, Federal Legislation, Students with Disabilities
Perry A. Zirkel – Exceptionality, 2023
This article provides foundational information to stimulate and facilitate assessment of the distinctive role of law in this field. For example, has the balance of costs and benefits reached the point of over-legalization? Similarly, to what extent is legal literacy essential for special education teachers and related service personnel as compared…
Descriptors: Educational Legislation, Special Education, Special Education Teachers, Multiple Literacies
Perry A. Zirkel – Communique, 2024
In contrast with professional norms and best practices, the legal requirements for functional behavioral assessments (FBAs) and behavior intervention plans (BIPs) are meager in scope and specificity (Collins & Zirkel, 2017). Section 504 of the Rehabilitation Act makes no mention of FBAs or BIPs, and the Individuals with Disabilities Education…
Descriptors: Functional Behavioral Assessment, Legal Responsibility, Educational Legislation, Equal Education
Perry A. Zirkel; Zorka Karanxha – Journal of Special Education Leadership, 2024
As the follow-up to an earlier examination of the frequency and outcomes trends of published court decisions under the IDEA for P-12 students, this updated analysis covers the 25-year period ending on December 31, 2022. The frequency trend for the most recent 10 years reversed the upward trajectory of the previous 15 years. The outcomes trend for…
Descriptors: Longitudinal Studies, Educational Trends, Special Education, Court Litigation
Perry A. Zirkel – Communique, 2024
The central school district obligation for disciplinary changes in placement under the Individuals with Disabilities Education Act (IDEA) is to answer the question of whether the conduct at issue is a manifestation of the individual student's disability. School psychologists often play a key role in this team-based manifestation determination…
Descriptors: Federal Legislation, Equal Education, Students with Disabilities, Educational Legislation