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Peer reviewed
Direct linkZirkel, Perry A. – Journal of Special Education Leadership, 2012
Special education leaders need to be aware of long-standing general regulatory requirements under [image omitted]504 for which school districts are often vulnerable. Special education leaders also have to keep current on recent legal developments for "[image omitted]504-only" students, including the effects of the Americans with Disabilities Act…
Descriptors: Disabilities, Special Education, Individualized Education Programs, Educational Legislation
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.; 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
Zirkel, Perry A.; Rose, Tessie – Journal of Special Education Leadership, 2009
A systematic analysis of the references to "scientifically based research" (SBR) and closely related terms, such as "peer-reviewed research" (PRR), in the Individuals with Disabilities Education Act (IDEA) legislation, regulations, commentary, and case law reveal that SBR and its primary variants apply largely to state support obligations, such as…
Descriptors: Educational Research, Learning Disabilities, School Districts, Technical Assistance
Zirkel, Perry A.; Gischlar, Karen L. – Journal of Special Education Leadership, 2008
The primary purpose of this article is to track the trend in the number of due process hearings that have been adjudicated under the IDEA (i.e., in which the hearing officer issued a written decision) nationally for the past 15 years. The secondary purpose is to rank order the states by the number of adjudicated hearings both on an overall basis…
Descriptors: Civil Rights, Hearings, Disabilities, Special Education
Zirkel, Perry A. – Journal of Special Education Leadership, 2006
The special safeguards and standards under the Individuals with Disabilities Education Act (IDEA) for disciplinary "removals," or suspensions and expulsions, are complicated and controversial. The manifestation-determination (M-D) requirement plays a central role in this special framework (Zirkel, 2003). The 2004 Amendments of the IDEA made…
Descriptors: Discipline, Disabilities, Federal Legislation, Court Litigation
