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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
Zirkel, Perry A. – Communique, 2019
Suicide rates among teenagers have increased significantly in recent years. The professional literature for public school personnel has been increasingly extensive. Yet, the corresponding coverage of liability case law regarding student suicide has been far from systematic and objective. An article in a legal periodical, written by Zirkel and…
Descriptors: Suicide, Adolescents, Legal Responsibility, Court Litigation
Zirkel, Perry A. – Communique, 2016
For this seventh article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, consider the summary of the disability-related case below and the questions and answers after it. The disability focus here is specific to the school psychologist, not the…
Descriptors: School Psychology, Civil Rights Legislation, Disabilities, Federal Legislation
Zirkel, Perry A. – Communique, 2016
The use of seclusion and restraints on students with disabilities has been a major legal issue in recent years. Congress has repeatedly considered bills to limit and prohibit such use in K-12 schools, but the movement against such aversive procedures appears to have shifted to the state legislative level, with several states adding or…
Descriptors: Discipline, Punishment, Disabilities, Legal Responsibility
Zirkel, Perry A. – Communique, 2015
This fifth article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, asks readers to consider the summary of the Illinois case presented, and the questions and answers that follow. The primary issue is whether the school district's adverse employment…
Descriptors: School Psychology, Legal Responsibility, School Psychologists, School Districts
DuPaul, George J.; Power, Thomas J.; Evans, Steven W.; Mautone, Jennifer A.; Owens, Julie Sarno – Communique, 2016
In July 2016, the U.S. Department of Education Office for Civil Rights (OCR) issued two documents to clarify and provide guidance on Federal obligations of school districts to students with attention deficit hyperactivity disorder (ADHD) under Section 504. This action was in response to numerous complaints (approximately 2,000 over 5 years)…
Descriptors: Attention Deficit Hyperactivity Disorder, Disabilities, Federal Legislation, Elementary Secondary Education
Ahlers, Kaitlyn; Stanick, Cameo; Machek, Greg R. – Communique, 2016
A recently filed lawsuit in Compton, California ("Peter P. et al. v. Compton Unified School District," 2015) has been making national news. The lawsuit highlights the prevalence of trauma exposure, particularly among underserved youth, as well as the need for school-wide, trauma-informed practices to enhance resiliency among students and…
Descriptors: Court Litigation, Trauma, Physiology, Neurology