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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. – TEACHING Exceptional Children, 2011
In this article, the author provides legal explanations to the following concerns: (1) case law on specific learning disability (SLD) eligibility; (2) recent developments on response to intervention (RTI); (3) Individuals with Disabilities Education Act (IDEA) rules; and (4) the Free Appropriate Public Education (FAPE) regulation. The author's…
Descriptors: Learning Disabilities, Public Education, Court Litigation, Educational Legislation
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Zirkel, Perry A. – TEACHING Exceptional Children, 2010
Students with specific learning disability (SLD) continue to account for a higher proportion of all special education enrollments than any other classification under the Individuals with Disabilities Education Act (IDEA). Probably the most frequent topic in the special education literature since the 2004 amendments to IDEA has been the movement…
Descriptors: Eligibility, Learning Disabilities, Laws, Special Education
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Zirkel, Perry A.; Thomas, Lisa B. – TEACHING Exceptional Children, 2010
The legal source of schools' use of response to intervention (RTI) is a matter of federal and state special education laws, although its implementation is largely a matter of general education practice. The only mention of RTI is in the Individuals With Disabilities Education Act (IDEA), and it is limited to identification of students with…
Descriptors: Learning Disabilities, Laws, Guidelines, Program Implementation
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Zirkel, Perry A.; Thomas, Lisa B. – TEACHING Exceptional Children, 2010
Professionally, and ultimately legally, the definition of "specific learning disabilities" (SLD) has been "a long-standing source of controversy, conflict, and crisis." Yet students with SLD continue to be more numerous by far than any other group receiving special education services. The long-time controversy concerning the…
Descriptors: Intervention, Eligibility, Learning Disabilities, Laws
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Zirkel, Perry A. – TEACHING Exceptional Children, 2009
In November 2008, Congress passed, and the President signed, the Americans with Disabilities Act (ADA) Amendments (ADAA), with an effective date of January 1, 2009. While other issues, such as the national economic crisis, dominated public attention at the time, the ADAA unobtrusively connected to Section 504 of the Rehabilitation Act of 1973…
Descriptors: Compliance (Legal), Individualized Education Programs, Elementary Secondary Education, Eligibility
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Zirkel, Perry A. – TEACHING Exceptional Children, 2009
In this article the author provides legal explanations to the following concerns: (1) Free Appropriate Public Education (FAPE) and Individualized Education Programs (IEPs); (2) Functional Behavior Assessments (FBAs) and Behavior Intervention Plans (BIPs); (3) Manifestation Determinations under Individuals with Disabilities Education Act (IDEA);…
Descriptors: Individualized Education Programs, Individualized Programs, Disabilities, Individualized Instruction
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Zirkel, Perry A. – TEACHING Exceptional Children, 2009
In this article, the author identifies and answers questions related to IDEA eligibility issues and the Free Appropriate Public Education (FAPE) regulation. The author's answers to several questions concerning legal issues are presented.
Descriptors: Public Education, Federal Legislation, Attention Deficit Hyperactivity Disorder, Individualized Education Programs
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Zirkel, Perry A.; Krohn, Nico – TEACHING Exceptional Children, 2008
Touted as a more effective approach to determining eligibility for specific learning disability (SLD) than establishing a severe discrepancy between ability and achievement, response to intervention (RTI) represents various models that share these common characteristics: (a) multiple tiers of scientific, research-based interventions; (b)…
Descriptors: Eligibility, State Legislation, Learning Disabilities, Laws
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Zirkel, Perry A. – TEACHING Exceptional Children, 2008
This article presents questions regarding the Individuals with Disabilities Education Improvement Act of 2004 (IDEA) and its 2006 regulations. The author's answers to these questions are presented.
Descriptors: Disabilities, Educational Legislation, Federal Legislation, Equal Education
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Zirkel, Perry A. – TEACHING Exceptional Children, 2007
This article presents questions regarding the Individuals with Disabilities Education Act (IDEA) regulations and the No Child Left Behind Act. The author's answers to these questions are presented.
Descriptors: Federal Legislation, Disabilities, Educational Legislation, Evaluation Methods
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Zirkel, Perry A. – TEACHING Exceptional Children, 2007
This article presents questions regarding the Individuals with Disabilities Education Act, its 2004 and 2006 regulations, and the No Child Left Behind Act. The author's answers to these questions are presented.
Descriptors: Federal Legislation, Disabilities, Educational Legislation, Equal Education
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Zirkel, Perry A. – TEACHING Exceptional Children, 2007
In this article, the author identifies and answers questions related to legal issues of the Individuals with Disabilities Education Act (IDEA) in comparison with Section 504 or the Americans with Disabilities Act (ADA) and the NCLB. The author's answers to several questions concerning legal issues of IDEA are presented.
Descriptors: Legal Problems, Disabilities, Federal Legislation, Educational Legislation
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Zirkel, Perry A. – TEACHING Exceptional Children, 2006
This article presents questions related to legal issues of the Individuals with Disabilities Education Act (IDEA) 2004 and the changes it has made with regard to local education agency (LEA) and the Individualized Education Program (IEP) process. The author's answers to these questions are presented. In answering the general question--to what…
Descriptors: Individualized Education Programs, Disabilities, School Districts, Federal Legislation