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.
Request Academic Copy
Please copy the ISBN for submitting review copy form
Description
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 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 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