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Zirkel, Perry A. – Intervention in School and Clinic, 2022
This article delineates the four successive dimensions of the Individuals with Disabilities Education Act's (IDEA) central obligation of "free appropriation public education" that the courts have developed thus far: (a) procedural, (b) substantive, (c) incomplete implementation of the last Individualized Education Program (IEP), and (d)…
Descriptors: Educational Legislation, Federal Legislation, Equal Education, Students with Disabilities
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Zirkel, Perry A. – TEACHING Exceptional Children, 2020
Teachers and parents often find special education law complex and confusing. As one step for a basic foundation in special education law, a previous "TEACHING Exceptional Children" article (Zirkel, 2005) provided a snapshot of the "top five case concepts" based on 10 decisions from the Supreme Court. Each of these decisions…
Descriptors: Special Education, Educational Legislation, Students with Disabilities, Disabilities
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Zirkel, Perry A. – Exceptionality, 2020
This article presents a tool for systematic consideration of the accuracy of the legal contents of publications in special education. The tool is a two-dimensional grid with one axis having three overall levels relative to legal requirements and the other axis having the three perspectives symbolized by the courtroom roles of pro-parent,…
Descriptors: Publications, Special Education, Content Analysis, Accuracy
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
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Gratton-Fisher, Emma; Zirkel, Perry A. – Exceptionality, 2021
The purpose of this article is to provide special educators with significant and perhaps surprising recent lessons in special education law. These lessons under the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act range from the threshold issues of child find and eligibility through the central obligation of…
Descriptors: Educational Legislation, Special Education, Special Education Teachers, Equal Education
Zirkel, Perry A. – Communique, 2022
Since schools have generally resumed full in-person services, the legal issues for students with disabilities include not only the continuing line of cases challenging the level and efficacy of services during the pandemic but also the potential disputes about implementation or nonimplementation of "compensatory services" per federal and…
Descriptors: COVID-19, Pandemics, Legal Problems, Students with Disabilities
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Zirkel, Perry A. – Journal for the Education of the Gifted, 2016
This update of the legislation/regulations and case law specific to pre-K-12 gifted students since a cluster of publications in 2004-2005 primarily focuses on the "gifted alone" category, with only secondary attention to twice-exceptional and other students in the "gifted plus" category. For the gifted-alone category, the…
Descriptors: Gifted, Exceptional Child Research, Educational Legislation, Court Litigation
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Zirkel, Perry A. – Journal of Special Education Leadership, 2023
The confusing variations of terminology that connect "home" with instruction warrant special care in relation to students with disabilities. The underlying core of these varying terms amounts to three distinct placement options in relation to the Individuals with Disabilities Education Act (IDEA), here identified as homebound…
Descriptors: Students with Disabilities, Home Instruction, Student Placement, Home Schooling
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Sayeski, Kristin L.; Zirkel, Perry A. – Annals of Dyslexia, 2021
The Individuals with Disabilities Education Act grants dissatisfied parents of students with disabilities the right to pursue legal remedies. In 2007, Rose and Zirkel found that parents of students with reading disabilities seeking Orton-Gillingham (OG) instruction under the IDEA's central obligation for a free appropriate public education (FAPE)…
Descriptors: Educational Legislation, Equal Education, Federal Legislation, Students with Disabilities
Zirkel, Perry A. – Communique, 2022
For this 23rd article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, the topic is the substantive standard for free appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA), with a focus on the classification of…
Descriptors: Educational Legislation, Students with Disabilities, Equal Education, Federal Legislation
Zirkel, Perry A. – Communique, 2018
Specific learning disability (SLD), although moderately declining in recent years, continues to account for the highest enrollment among the eligibility classifications under the Individuals with Disabilities Education Act (IDEA; Zirkel, 2013b). The recognition of response to intervention (RTI) in the 2004 amendments of the IDEA as an approach for…
Descriptors: Learning Disabilities, Response to Intervention, Special Education, Eligibility
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Zirkel, Perry A. – Exceptionality, 2022
The special education literature has included a continuing line of articles and chapters that have translated for practitioners the legal meaning of the progress monitoring provisions in the successive versions of the Individuals with Disabilities Education Act (IDEA). This article examines this line of publications in light of the language of the…
Descriptors: Legal Responsibility, Progress Monitoring, Educational Legislation, Federal Legislation
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
Kovaleski, Joseph F.; VanDerHeyden, Amanda M.; Runge, Timothy J.; Zirkel, Perry A.; Shapiro, Edward S. – Guilford Press, 2022
From leading authorities, this indispensable work is now in a revised and expanded second edition, presenting state-of-the-art tools and procedures for practitioners. The book shows how to use response to intervention (RTI) to evaluate K-12 students for specific learning disabilities (SLD). The second edition gives increased attention to…
Descriptors: Elementary Secondary Education, Response to Intervention, Students with Disabilities, Learning Disabilities
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
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