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Special Education Law
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Special Education Law

Seventh Edition


August 2025 | 432 pages | SAGE Publications, Inc
The 7th Edition of Special Education Law, 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 of all types need to be aware of the laws that affect them and their students. Special Education Law 7e 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.

The 7th edition reflects major changes in judicial interpretation and education policy developments at the federal level since 2021, including the dramatic impact of the COVID pandemic on education generally and special education specifically, a new Supreme Court decision, and new references and examples throughout. 

 
Preface
 
Acknowledgments
 
About the Authors
 
Cases in Order of Appearance
 
Cases Alphabetized
 
Chapter 1: The Legal System and How It Works
State and Federal Laws

 
The Judicial System

 
Agency Hearing and Investigative Decisions

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

 
Summary

 
Questions for Reflection

 
Key Terms

 
Web Resources

 
Notes

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

 
A Constitutional and Political Framework for Change

 
Statutory Responses

 
Regulatory Responses

 
Summary

 
Questions for Reflection

 
Key Terms

 
Web Resource

 
Notes

 
 
Chapter 3: Statutory Provisions
Section 504 of the Rehabilitation Act

 
The Americans with Disabilities Act

 
Section 504 and the Americans with Disabilities Act and Applica-tion to Special Education Settings

 
The Individuals with Disabilities Education Act

 
No Child Left Behind and Every Student Succeeds Act

 
STATE EDUCATION STATUTES

 
Student Education Records Laws

 
What Constitutes an Education Record?

 
Access and Accuracy

 
Remedying FERPA Violations

 
Notice Requirements

 
Educational Records in IDEA Procedures

 
Other Relevant Laws

 
Summary

 
Questions for Reflection

 
Key Terms

 
Web Resources

 
Notes

 
 
Chapter 4: The People
Students

 
Parents

 
Educators

 
Related Service Providers

 
Advocates

 
Decision Makers

 
Summary

 
Questions for Reflection

 
Key Terms

 
Web Resources

 
Notes

 
 
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

 
Summary

 
Questions for Reflection

 
Key Terms

 
Web Resources

 
Notes

 
 
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

 
Reevaluation

 
Eligibility

 
Specific Learning Disabilities and Response to Intervention (RTI)

 
Eligibility Determination

 
Summary

 
Questions for Reflection

 
Key Terms

 
Web Resources

 
Notes

 
 
Chapter 7: Free Appropriate Public Education
The Rowley Standard

 
FAPE During COVID

 
Extended School Year (ESY) Services

 
Cost Issues

 
Budgetary Constraints on Educational Agencies

 
Which Public Agency is Responsible?

 
Private Obligations

 
Rehabilitation Act and the Americans With Disabilities Act

 
Summary

 
Questions for Reflection

 
Web Resources

 
Notes

 
 
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

 
Transportation

 
Disciplinary Problems

 
Psychological Services and Counseling

 
Health Services

 
Other Related Services

 
Summary

 
Questions for Reflection

 
Key Terms

 
Web Resources

 
Notes

 
 
Chapter 9: Placement and Least Restrictive Environment
IDEA Foundations

 
The Classroom

 
The Local School

 
Separate Facilities

 
Other Issues

 
Summary

 
Questions For Reflection

 
Key Term

 
Web Resources

 
Notes

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

 
Parental Placements in Private Schools

 
School Choice and Students With Disabilities

 
Residential Placements

 
Summary

 
Questions for Reflection

 
Key Term

 
Web Resources

 
Notes

 
 
Chapter 11: Special Issues with Secondary Students
Graduation Requirements

 
Vocational Education

 
Dual Credit Programs

 
Transition Services

 
Postsecondary Academic Education

 
Documentation

 
Summary

 
Questions for Reflection

 
Key Terms

 
Web Resources

 
Notes

 
 
Chapter 12: Procedural Safeguards
Due Process Procedures Under The Idea

 
Virtual Participation and Electronic Consent

 
Enforcement

 
When Are Due Process Procedures Triggered?

 
Transfer of Rights

 
Status of Student Pending Final Decision (Stay-Put)

 
Dispute Resolution

 
Summary

 
Questions for Reflection

 
Web Resources

 
Notes

 
 
Chapter 13: Discipline
Historical Context

 
Legislative Revisions

 
Special Circumstances

 
Incarcerated Juveniles

 
Summary

 
Questions for Reflection

 
Web Resources

 
Notes

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

 
Otherwise Qualified

 
Discrimination

 
Architectural and Other Barriers

 
Criteria With Discriminatory Impact

 
Reasonable Accommodation Issues

 
Discrimination Related To Association

 
Section 504 Plans in Schools

 
Enforcement and Remedies for Seeking Individual Redress

 
Complaints to the Department of Education

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

 
Summary

 
Questions for Reflection

 
Web Resources

 
Notes

 
 
Chapter 15: Remedies
Damages

 
Tuition Reimbursement

 
Compensatory Education

 
Attorneys’ Fees

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

 
Other Remedies

 
Summary

 
Questions for Reflection

 
Web Resources

 
Notes

 
 
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 Mis-conduct Cases

 
Summary

 
Questions for Reflection

 
Key Term

 
Web Resources

 
Notes

 
 
Chapter 17: The Status and Future of Special Education Law
Questions for Reflection

 
Web Resources

 
Note

 
 
Glossary
 
Appendix A: Education and the American Legal System
 
Appendix B: Sequential Listing of Major Legal Developments for Students with Disabilities
 
Appendix C: Part B Individualized Education Program

I truly appreciated the organization and readability of this Rothstein text. It uses a clear student-friendly manner to deliver information.

Dale Boyle
Franklin Pierce University

This textbook offers the latest developments in special education law and policy for teachers entering the profession. Of course, veteran teachers and special education administrators will learn new concepts of how to support students with disabilities as well. This textbook is very thorough and does not require a background in special education law as it does an excellent job in breaking down case law related to special education supports and services. This will be a book you will want to keep in your professional library and revisit frequently when issues arise.

Evan Borisinkoff
Minot State University
Key features

NEW TO THIS EDITION

  • Discussions throughout on COVID-19's impact on special education highlight relevant and ongoing discussions on legal issues related to the pandemic and special education.
  • Digital developments such as virtual participation, electronic consent, and generative artificial intelligence are addressed through new and ongoing court cases throughout to give teachers the most up-to-date information on the legal issues around technology and special education. 
  • Chapters 15 and 16 have been updated with information on Perez v. Sturgis Pub. Sch.
  • New data and resources throughout highlight learning disabilities, food allergies and chronic diseases, and neurodiversity as key contemporary issues in special education law.
  • Potential changes to federal regulation as a result of the 2025 change in presidential administration are discussed in Chapter 17.
  • Notes on terminology throughout the text help clarify discussions on specific disabilities
  • Updated Web resources are added to the end of each chapter.
  • Additional information on transitional services has been added.

KEY FEATURES

  • Thought questions, with references to articles and cases related to those questions, appear throughout the text.
  • A sample IEP form provides a concrete example of this key special education document.
  • Learning Outcomes at the beginning of each chapter help students focus on the most important concepts.

Sage College Publishing

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