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Zirkel, Perry A.; Irwin, Lauren; Locuniak, Maria N. – Communique, 2023
This next article in the series on evaluation under the Individuals with Disabilities Education Act (IDEA) focuses on the common, core responsibility of school psychologists for timely completion of the initial evaluation. For this topic, first is a legal analysis and then a discussion for professional implementation that includes ethical…
Descriptors: Educational Legislation, Equal Education, Students with Disabilities, Federal Legislation
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
Zirkel, Perry A. – Communique, 2022
Extended school year (ESY) under the Individuals with Disabilities Education Act (IDEA) has become a more frequent issue as a result of the learning loss and increased needs of some special education students due to the COVID-19 pandemic. School psychologists often play a significant role in implementation of the IDEA requirements specific to ESY.…
Descriptors: Extended School Year, Educational Legislation, Equal Education, Federal Legislation
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
Zirkel, Perry A. – Communique, 2022
This article highlights the trends in state laws and judicial rulings specific to identification of and interventions for students with dyslexia.
Descriptors: Dyslexia, State Legislation, Equal Education, Educational Legislation
Zirkel, Perry A.; Locuniak, Maria N.; Roberts, Erica S. – Communique, 2023
"Evaluation" under the Individuals with Disabilities Education Act (IDEA) is among the major responsibilities of school psychologists. This concluding article in the series on evaluation under the IDEA provides legal analysis and professional recommendations related to procedural appropriateness. Specifically, it addresses notices,…
Descriptors: Equal Education, Federal Legislation, Educational Legislation, Students with Disabilities
Zirkel, Perry A. – Communique, 2021
When parents of students with disabilities reach impasse with school districts, after exhausting informal interactions and alternative dispute resolution mechanisms, such as facilitated IEP meetings and mediation, what is the next step if they seek a binding third-party decision under the IDEA? The typical answer, especially if the underlying…
Descriptors: Educational Legislation, Equal Education, Federal Legislation, Students with Disabilities
Zirkel, Perry A. – Communique, 2022
The peer-reviewed special education literature has included notable attention to the peer-reviewed research (PRR) provision that the 2004 amendments added to the Individuals with Disabilities Education Act (IDEA). However, as with the other IDEA issues, the legal accuracy of this translating treatment for special education professionals is subject…
Descriptors: Special Education, Educational Legislation, Equal Education, Students with Disabilities
Zirkel, Perry A. – Communique, 2021
The purposes of this article are (a) to canvass the current legislation, regulations, and illustrative agency policy interpretations specific to "transition services" under the Individuals with Disabilities Education Act (IDEA, 2018), and (b) to provide an update of the court decisions since the coverage of an earlier overview of the…
Descriptors: Transitional Programs, Equal Education, Educational Legislation, Students with Disabilities
Zirkel, Perry A. – Communique, 2022
For this 22nd article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, the topic is child find and eligibility under the Individuals with Disabilities Education Act (IDEA), including as a secondary matter the intersecting requirement for a comprehensive…
Descriptors: Educational Legislation, Equal Education, Students with Disabilities, Federal Legislation
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
Zirkel, Perry A. – Communique, 2020
Seclusion, used broadly to include time-out (Bon & Zirkel, 2014), and other aversives, such as restraint, continues to be an active area of legal activity, particularly for students with disabilities. The September 2016 issue of "Communiqué" provided an update of the case law specific to school district use of seclusion (Zirkel,…
Descriptors: Students with Disabilities, Discipline, Court Litigation, Constitutional Law
Zirkel, Perry A. – Communique, 2022
Although reading remains a priority in the Every Student Succeeds Act (ESSA), the basis of the case law primarily is the Individuals with Disabilities Education Act (IDEA) due in significant part to its open adjudicative avenue. The purpose of this article is to provide a synthesis of the judicial rulings under the IDEA specific to reading…
Descriptors: Reading Instruction, Students with Disabilities, Reading Strategies, Teaching Methods
Zirkel, Perry A. – Communique, 2020
The purpose of this article is to discuss sources of confusion for school district personnel that have resulted in overidentification (i.e., false positives) and underidentification (i.e., false negatives) of 504-only students. The organizing framework for these sources of confusion is the applicable three-pronged legal definition for eligibility…
Descriptors: Federal Legislation, Special Needs Students, Disability Identification, Eligibility
Winnick, Joel B.; David, Jennie G.; Chancey, Leigh; Buzenski, Jessica; Woika, Shirley – Communique, 2023
Pediatric inflammatory bowel disease is on the rise. School psychologists must understand the significant physical, emotional, and psychological effects of this condition to be effective advocates for students and their families, and to conduct well-informed, comprehensive evaluations for this population. This article discusses the academic,…
Descriptors: Chronic Illness, Special Needs Students, At Risk Students, School Psychologists