Overview of Special Education Law
If you are thinking about learning more about the special education process, you will also want to learn more about the law that governs special education programs. From court decisions to federal legislation, there is a lot to know about special education laws. Having an understanding of special education law will help you be more familiar with important concepts, like child find and FAPE. Under the Individuals with Disabilities Education Act (IDEA) all children are entitled to a quality education. The ADAAA and Section 504 provide additional protections for students with disabilities. Before Congress passed the most recent reauthorization of IDEA, schools would forcibly remove students with disabilities when these students could not "behave" for the school staff. Reauthorized in 2004 , IDEA prohibits schools from expelling or suspending a child for behavior linked to a disability. Courts have held that taxpayers cannot have a claim filed against them for disability discrimination caused by school staff. Federal law has prohibited public entities from discriminating against people with disabilities since 1973 with the passage of Section 504. Under the ADAAA, parental consent is no longer required for medications and medical services to treat disability. Although special education laws can be complex, they are critical to understand if you are a parent of a child with special needs. Understanding special education laws will allow you to better advocate for your child’s best interest in the school setting.
The Value of Reading about Special Education Law
With the field of special education constantly evolving, it is imperative that educators, parents, lawyers, and all those involved in special education remain well informed about the law, their legal rights, obligations, and the best practices for serving students with disabilities. While staying abreast of the latest court opinions and articles, most of which are reported in various online resources and blogs, these resources do not replace the comprehensive overview and analysis offered in a book. Books on special education law also address topics that may not be as immediately relevant, but can still be very helpful once the reader is aware of the greater legal picture they are facing. Examples include When the School Says No by Josephine O’Keefe, a truly helpful overview of special education law, from the basics to the minutia. A book like this ties topics together into a cohesive whole, offering perspective on a wide range of issues of interest. This pattern is seen in other books on related topics, as a variety of perspectives are offered over specific subjects such as autism.
Five Best Special Education Law Books
Over the years, we’ve run across a number of really good books about special education law. At least two of our lawyers have contributed to them and we’ve cited to them often in our case work.
The purpose of this list is simple – a "short list" to get you started and help you with your reading list if you’re interested in special education. Our picks are in reverse order with our top pick at number 1.
5) WRIGHTSLAW: Special Education Law & Administrative Rules
The Newest edition of this book is from 2015. It was written by Peter W. D. Wright and Pamela Darr Wright and it is very useful for people just starting out in our practice.
It covers from beginning to end almost all of the important information you need to know about how special education law works. It is comprehensive but isn’t a reference guide like its sibling book WrightsLaw: Special Education Law & No Child Left Behind Act by Peter W. D. Wright and Pamela Darr Wright.
4) Special Education Law and Litigation in a Nutshell (Nutshell series)
Written by Andrew M. L. Ferster in 2013, this book is a great starting point for those who know nothing about special education law. It is a good overview and is useful to begin your study of special education law.
3) INDIVIDUAL EDUCATION PROGRAM PLANNING: CHECKLIST, GUIDE AND SYNOPSIS OF THE LAW AND REGULATIONS CONCERNING IEP’S FOR CHILDREN WITH DISABILITIES
Written by Nancy Pitchford in 2006, this book helps to make sense of the IEP process. It is a good starting point or reference guide for helping families understand the IEP process and how they can participate in it.
2) Wrightslaw: Special Education Legal Developments and Cases 2017
Written by Peter W. D. Wright and Pamela Darr Wright, this is the best book to actually keep up to date with changes in the law. It’s updated on an annual basis and gives a good overview of cases that impact special education law. Our number 1 pick is actually an excerpt from the the Wrightslaw Special Education Legal Developments and Cases 2017 book so you know it had to be good.
1) Wrightslaw: From Emotions to Advocacy: The Special Education Survival Guide
Written by both Peter Wright and Pamela Darr Wright, in this book the authors really delve into how emotions and equally important the advocacy process itself influence the special education process.
This is one of the most thorough books on special education. In my personal opinion (and I know the authors), Wrightslaw: From Emotions to Advocacy: The Special Education Survival Guide is the "go to" book on special education law. It is worth the time to read it as it is the gold standard on special education law.
Which Book about Special Education Law is Right for You?
Consider Your Perspective
When choosing the best book on special education law for your specific situation, think about which perspective will be most helpful. The same is true for choosing between books.
Even the books that appear most similar to each other, can be quite different.
Some are analysis of existing Supreme Court precedent. Some books are invaluable guides to the litigation process; describing how lawsuits are brought and how courts make their decisions when ruling in these matters. However , those are usually written for lawyers, and often don’t explain things in a way that’s accessible to people who aren’t familiar with the law.
On the other hand, if you’re looking for a comprehensive resource, consider finding a book or two devoted to the subject matter of your need for specific education law information.
Emerging Trends in Special Education Law
As with most areas of the law, there are always new trends and shifts that affect the administration of special education laws. From time to time new legislation is passed or the interpretation of existing law is refined. And while legal writing about special education law has been remarkably consistent over the years there are occurring some small changes. For example, new literature in the area has been noticeably more sensitive to the needs of children with autism or having Down syndrome rather than the "old" categories of learning disabilities, emotional disabilities, speech and language impairments, multiple disabilities. With the future of the Individuals with Disabilities Education Act at stake in Congress, the literature list could be an important tool in predicting and working with potential changes in the law.
The changes are not so much a taxonomy shift caused by artificial learning mechanism grouping, but rather a new sensitivity to the social role of these various categories. In this role, there is a need to match the child’s needs with school resources, and not just mechanically match the services. The school district that is highly reliant on the "whatever it takes" model of accommodating a student can be awarded costs by the courts, and get those costs for whatever services are actually utilized and paid for. The catch, moving forward into the future is that with this model, there is no incentive for parents to be "reasonable." So the awarded costs tend to be highly unpredictable. The schools that seek to apply objective measures of the "aisle targets," the benchmarks of what services and supports have been shown to help a given group of students in a given time, will get a sense of how to budget for school expenses going forward.
This means, of course, that there will be disagreements about what the evidence shows for "aisle" successes for these various categories based on age, definitions, severity, and impact on the community. This again supports a much more granular approach to the education of special needs students in terms of the specific impacts of each condition, so that services are determined in the eyes of the student and the setting.
Wrap Up: Keeping Current with Special Education Law
Staying informed on the latest advancements in special education law can be a challenge , but it’s a necessity for those who work with individuals with disabilities. These books not only offer valuable insights into the legal landscape but also serve as excellent tools to assist families and professionals in advocating for appropriate services and accommodations.
Committing to lifelong learning will help you better navigate the legal complexities of special education and provide the essential support that individuals with disabilities deserve.