Special Education Law

by Laura F. Rothstein, Scott F. Johnson

Overview

The Fourth Edition of Special Education Law provides a comprehensive and current overview of the major federal laws—and judicial interpretations of those laws—that apply to the education of children with special needs. The text helps students understand what the law requires so that when they become educators, they can develop policies and make decisions that comply with these laws.

• The most current information on special education statutes, regulations, and case law has been added, including substantial changes in the interpretation of this legislation.

• New chapter on legal issues surrounding classroom discipline in special education

• New information on the Individuals with Disabilities Education Act of 2004 and the No Child Left Behind Act of 2001

• Added coverage of early intervention and mediation,

• New cases that reflect the IDEA regulatory changes of 2004 have been added.

• Thought questions, with references to articles and cases related to those questions, appear throughout the text.

Product Details

ISBN-13:	9781071919095
Publisher:	SAGE Publications
Publication date:	08/19/2025
Sold by:	Barnes & Noble
Format:	eBook
Pages:	424
File size:	9 MB

About the Author

Laura Rothstein is a Professor of Law and Distinguished University Scholar at the Louis D. Brandeis School of Law at the University of Louisville, where she served as Dean from 2000 to 2005. She received her B.A. in political science from the University of Kansas and her J.D. from Georgetown University Law Center. She began her career in legal education in 1976 and served on four other law school faculties before her appointment at the Brandeis School of Law. She began work on special education issues in 1979, while a visiting faculty member at the University of Pittsburgh, where she also served as an attorney in the Developmental Disabilities Law Project clinical program. Professor Rothstein has written 15 books and dozens of book chapters, articles, and other works on disability discrimination, covering issues ranging from special education and employment to public accommodations and access to health care. Her work focuses on disability issues in schools and in higher education. The first edition of Special Education Law, published in 1990, was one of the first books on the topic. Professor Rothstein’s parents were public school teachers, and they reviewed the first edition of the book, ensuring that the text was accessible to law students, lawyers, and those without formal legal training. Some of her other publications focusing on special education issues have included works on school choice and students with disabilities, genetic testing in schools, students with HIV and other contagious and infectious diseases, and special education misconduct issues. She is a frequent presenter at national and regional conferences of legal and education professionals and academicians.

Scott F. Johnson is a Professor of Law at Purdue Global Law School and a Special Education Hearings Officer with the New Hampshire Department of Education. He received his B.A. in political science from the University of North Carolina at Charlotte and his J.D. from Franklin Pierce Law Center. He is the author of numerous articles and books in various areas of education law, and he frequently develops professional development programs for educators and presents at national conferences. Prior to teaching, Professor Johnson practiced law and was involved in a number of precedent-setting education law cases. He began as co-author of Special Education Law with the Fourth Edition, and he brings to the text current practical perspectives.

Table of Contents

(Each chapter includes a Summary, Questions for Reflection, and Notes.)

Cases in Order of Appearance.

Cases Alphabetized.

Preface.

1. The Legal System and How it Works.

2. History of Special Education Law.

3. Statutory Provisions: A General Overview.

4. The People.

5. Who is Protected?

6. Identification and Evaluation.

7. Appropriate Education.

8. Mainstreaming and Integration.

9. Related Services.

10. Residential Placements.

11. Placements in Private Schools.

12. Special Problems of Secondary Students.

13. Cost Issues.

14. Due Process Procedures Under the IDEA.

15. Procedures Under Discrimination Laws.

16. Special Education Misconduct.

17. Remedies: Damages, Reimbursement, and Compensatory Education.

18. Attorney's Fees.

19. The Status and Future of Special Education Law.

Appendix A: Education and the American Legal System.

Appendix B: Frequently Used Acronyms and Terms.

Index.

Editorial Reviews

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

Dale Boyle

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

"The content is superb and will prepare the students to be effective advocates for their students and to ensure that laws are followed."

Yvonne Trotter