ERIC Number: EJ1351102
Record Type: Journal
Publication Date: 2022-Oct
Pages: 3
Abstractor: ERIC
ISBN: N/A
ISSN: ISSN-0164-775X
EISSN: N/A
Peer-Reviewed Research under the IDEA: Is the Special Education Literature Correct about the Case Law?
Zirkel, Perry A.
Communique, v51 n2 p20-22 Oct 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 to serious question and significant improvement. As an initial framework, this article provides (1) a comprehensive canvassing of the IDEA legislation, regulations, and, on a supplemental basis, agency policy interpretations specific to PRR; and (2) a sequential summary of the professional literature's translation of the IDEA's PRR provision in light of the available applicable case law. It next synthesizes a systematic and objective analysis of the successive judicial rulings that have interpreted and applied the PRR provision. The final part revisits the coverage in the special education literature, evaluating the completeness, accuracy, and transparency of its legal content. This reexamination identifies and discusses the significant discrepancy between the objective contours of the case law and its characterization in the literature, with recommendations for more accurate legal literacy for special education professors and practitioners.
Descriptors: Special Education, Educational Legislation, Equal Education, Students with Disabilities, Federal Legislation, Legal Responsibility, Individualized Education Programs, Court Litigation
National Association of School Psychologists. 4340 East West Highway Suite 402, Bethesda, MD 20814. Tel: 301-657-0270; Fax: 301-657-0275; e-mail: publications@naspweb.org; Web site: http://www.nasponline.org/publications/
Publication Type: Journal Articles; Reports - Descriptive
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Individuals with Disabilities Education Act
Grant or Contract Numbers: N/A