The Legal Quality of Articles Published in School Psychology Journals: An Initial Report Card

Zirkel, Perry A.

doi:10.1080/02796015.2014.12087430

Cited by 7 publications

(3 citation statements)

References 51 publications

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“…More specifically, the primary criteria are (a) a representative sampling of the case law, with due weighting for hierarchical precedent, and (b) clear differentiation of professional norms or legal advocacy from objective analysis of legal requirements. Other overlapping quality criteria are available for customization for assessment prior to and at the review stage for publication (Zirkel, 2014b). My repeated recommendation for collaboration between legal specialists and special education scholars at the writing and review stages is one means of achieving this more rigorous standard.…”

Section: Discussionmentioning

confidence: 99%

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An Analysis of the Judicial Rulings for Transition Services Under the IDEA

Zirkel

2017

Career Development and Transition for Exceptional Individuals

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Starting with a constructive critique of legal articles in special education journals concerning transition services under the Individuals With Disabilities Education Act (IDEA), this article presents an empirical analysis of relevant judicial rulings for the period 1990-2016 that shows a prevailing prodistrict approach that is not otherwise evident in the prior articles. The findings include an increased frequency of these judicial rulings generally in accord with the trajectory of special education litigation and, more significantly, an approximate 3:1 district-parent ratio in the outcomes of these rulings that, with up-and-down variation, prevails for the entire period. The conclusion is that the time is ripe for an elevated substantive standard for law-based articles in special education journals as well as a continued, but differentiated, rigorous normative standard for transition services.

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Section: Discussionmentioning

confidence: 99%

“…This field is easily the most litigated area of P–12 schooling (e.g., Zirkel & Johnson, 2011). Yet, as specified elsewhere (e.g., Zaheer & Zirkel, 2014; Zirkel, 2014a, 2014b), the quantity and quality of relevant legal coverage are clearly questionable in refereed journals in special education and in the closely related field of school psychology.…”

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confidence: 98%

An Analysis of the Judicial Rulings for Transition Services Under the IDEA

Zirkel

2017

Career Development and Transition for Exceptional Individuals

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“…The quantity and quality of relevant legal coverage are clearly questionable in refereed journals in special education (e.g., Zirkel, 2014a) and in those in closely related fields, such as school psychology (Zaheer & Zirkel, 2014; Zirkel, 2014b). One of the major reasons is the normative lens of the relatively few authors of these articles.…”

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An Update of Judicial Rulings Specific to FBAs or BIPs Under the IDEA and Corollary State Laws

Zirkel

2017

J Spec Educ

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Exemplifying the insufficient treatment of legal issues in refereed journals in special education and related fields, the limited legal coverage of functional behavioral assessments (FBAs) and behavior intervention plans (BIPs) tends to view the applicable case law through normative lenses. This skewed view characterizes the case law as requiring FBAs and BIPs rather broadly in terms of entitlement and rather rigorously in terms of appropriateness. In stark contrast, this systematic analysis of 91 recent judicial rulings concerning FBAs and BIPs reveals that, aligned with the trajectory of previous court decisions, the outcomes favor the defendant districts on almost a 7:1 ratio and that the pronounced prodistrict trend applies to entitlement as well as appropriateness. Special education professionals need careful differentiation of legal requirements from professional norms to make informed choices about FBAs and BIPs that balance the individual interests and the competing priorities within limited resources of school districts.

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Review of the Wechsler Intelligence Scale for Children–Fifth Edition: Critique, Commentary, and Independent Analyses

Canivez,

Watkins

2016

Intelligent Testing With the WISC®‐V

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The Legal Quality of Articles Published in School Psychology Journals: An Initial Report Card

Cited by 7 publications

References 51 publications

An Analysis of the Judicial Rulings for Transition Services Under the IDEA

An Analysis of the Judicial Rulings for Transition Services Under the IDEA

An Update of Judicial Rulings Specific to FBAs or BIPs Under the IDEA and Corollary State Laws

Review of the Wechsler Intelligence Scale for Children–Fifth Edition: Critique, Commentary, and Independent Analyses

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