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Special Education Law

Special Education Law

Sixth Edition

August 2020 | 408 pages | SAGE Publications, Inc

Special Education Law 6e, written by Laura Rothstein and Scott F. Johnson, provides a comprehensive and current overview of the major federal law, and judicial interpretations of those laws, that apply to special education students. School administrators and attorneys attend to special education issues on a regular basis, and local superintendents, principals, special education professionals, psychologists, and regional and state administrators must also be familiar with the legal requirements of educating students with disabilities. Classroom teachers in all types of  classrooms need to be aware of the laws that affect them and their students. Special Education Law 6e is intended for students in education and educational administration, both graduate and undergraduate, as well as law students in courses on special education law, school law, and special education. 

The framework of this book begins with five introductory chapters on the major issues that are addressed in special education
law. These topics include an overview the legal system, the history of special education, major statutes in special education law, stakeholders such as students, families, educators, and advocates, and finally, requirements for protection under various special education laws. The remainder of the text presents and analyzes special education case law within specific contexts. The text helps educators understand what the law requires so that they can make decisions that comply with these laws.

Updates for the sixth edition include a major reorganization of the text. Chapters have been streamlined and edited for clarity, combining a previous chapter on Related Services with Free Appropriate Publication Education, and folding Eligibility into Identification, Evaluation, and Eligibility, so students can better see the connections between these topics. Many case excerpts have been shortened or summarized to provide students with a more straightforward and focused reading experience. The latest updates in statutes, regulations, and case law are included throughout the text. 

Chapter 1: The Legal System and How It Works
State and Federal Laws

The Judicial System

Regulatory Decision Making

Relationship of Constitutional Law, Statutory Law, Regulatory Law, and Case Law in the Development of Special Education Laws

Chapter 2: Students with Disabilities: History of the Law
Special Education Before the 1970s

A Constitutional and Political Framework for Change

Statutory Responses

Chapter 3: Statutory Provisions
Section 504 of the Rehabilitation Act

The Americans with Disabilities Act

Section 504 and the Americans with Disabilities Act and Application to Special Education Settings

The Individuals with Disabilities Education Act

Every Student Succeeds Act

Student Education Statutes

Educational Records in IDEA Procedures

Other Relevant Laws

Chapter 4: The People



Related Service Providers


Decision Makers

Chapter 5: Who Is Protected
Constitutionally Based Cases

Cases Under the IDEA

Section 504 and the Americans with Disabilities Act and Application to Special Education Settings

Special Situations

Chapter 6: Identification, Evaluation, and Eligibility
Identification—The Beginning of the Special Education Process

Obtaining Consent to an Evaluation

Evaluation Procedures and Limitations

Protection Against Discrimination

Payment for Evaluations

Independent Evaluations



Specific Learning Disabilities and Response to Intervention (RTI)

Eligibility Determination

Chapter 7: Free Appropriate Public Education
The Rowley Standard

Extended School Year (ESY) Services

Cost Issues

What Expenses Are Covered Under the IDEA?

Budgetary Constraints on Educational Agencies

Which Public Agency Is Responsible?

Private Obligations

Rehabilitation Act and the Americans with Disabilities Act

Chapter 8: Individualized Education Program
The Individualized Education Program (IEP) Overview

IEP Development and Content

Consent and Disputes

Reviewing and Revising the IEP

Related Services


Psychological Services and Counseling

Health Services

Other Related Services

Chapter 9: Placement and Least Restrictive Environment
IDEA Foundations

The Classroom

The Local School

Separate Facilities

Other Issues

Chapter 10: Private School Placements, Residential Placements, and Public School Choice Programs
Public Agency Placement in Private Schools

Parental Placements in Private Schools

School Choice and Students With Disabilities

Residential Placements

Chapter 11: Special Issues With Secondary Students
Graduation Requirements

Vocational Education

Transition Services

Postsecondary Academic Education


Chapter 12: Procedural Safeguards
Due Process Procedures under the IDEA


When Are Due Process Procedures Triggered?

Transfer of Rights

Status of Student Pending Final Decision (Stay-Put)

Dispute Resolution

Chapter 13: Discipline
Historical Context

Legislative Revisions

Special Circumstances

Incarcerated Juveniles

Chapter 14: Americans with Disabilities Act and Section 504 of the Rehabilitation Act
Who Is Covered

Otherwise Qualified


Architectural and Other Barriers

Criteria With Discriminatory Impact

Reasonable Accommodation Issues

Discrimination Related to Association

Section 504 Plans in Schools

Complaints to the Department of Education

Dispute Resolution for Violations of Section 504, the Americans with Disabilities Act, and the Constitution

Chapter 15: Remedies

Tuition Reimbursement

Compensatory Education

Attorney’s Fees

Enforcement and Remedies under Section 504 and the Americans with Disabilities Act

Other Remedies

Chapter 16: Special Education Misconduct
Special Education Misconduct: An Overview

Injuries and Remedies

Barriers to Tort Type Damage Awards

Trends in Awarding Damages and Compensatory Education in Misconduct Cases

Chapter 17: The Status and Future of Special Education Law
Appendix A: Education and the American Legal System
Appendix B: Sequential Listing of Major Legal Developments for Students with Disabilites
Appendix C: Individualized Education Plan: Model from the U.S. Department of Education

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ISBN: 9781544388229