You are here

Expedited access to textbooks and digital content

Instructors: Due to the COVID-19 pandemic and in support of your transition to online learning, requests for complimentary review copies of our textbooks will be fulfilled through our eBooks partner, VitalSource. By providing you with a digital review copy of the requested textbook(s), we can ensure you have expedited access to our content. If you require special assistance, please contact us at (800) 818-7243 ext. 6140 or at textsales@sagepub.com.

Special Education Law
Share

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
Students

 
Parents

 
Educators

 
Related Service Providers

 
Advocates

 
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

 
Reevaluation

 
Eligibility

 
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

 
Transportation

 
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

 
Documentation

 
 
Chapter 12: Procedural Safeguards
Due Process Procedures under the IDEA

 
Enforcement

 
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

 
Discrimination

 
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
Damages

 
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

Preview this book

For instructors

Coming soon!

Upon publication of this title, a complimentary digital review copy will be available through our eBooks partner, VitalSource.

To pre order your digital review copy now, please contact us at (800) 818-7243 ext. 6140 or at textsales@sagepub.com.

Select a Purchasing Option


Paperback
ISBN: 9781544388229
$85.00