Overview

This is the second annual Special Education Law Annual Review. This book provides an exhaustive presentation of all decisions in special education cases brought under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act hear by the U. S. Court of Appeals for 2021, presented by circuit. The book reviews all policy documents related to the education of students with disabilities issued by the US Department of Education. This will include Dear Colleague Letters, question and answer documents, and published letters to specific individuals. This book will provide a guide on how to read a case, a description of how a special education case progresses through the administrative and judicial system, the legal importance of policy documents, and websites for follow-up research related to special education law. If there is any major federal legislation during the year (e.g., reauthorization of the IDEA, restraint and exclusion legislation) that will also be addressed in this book. This book will be the comprehensive summary of the year in special education law, and will provide important information to graduate students in education, education administrators, teachers, and practicing attorneys regarding appropriate educational practices for students with disabilities. Additionally, we will follow each section on case law and policy implications for educators. We will be including figures, tables, & checklists.

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9781538172834

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Reviews

Emerging scholars, lawyers, school administrators, mediation specialists, and other similar constituencies can be confident in using information from this book. The tone is practical, business-like, and non-threatening, and the total clarity of intent of the chapter layout makes navigation easy and thorough.--Barbara Qualls, Stephen F. Austin State University There are many special education law texts on the market containing statutory and case law regarding special education. I have never, however, seen such a comprehensive guide containing OCR (Office for Civil Rights) communications, instruction, and information on special education procedures such as due process hearings, an exhaustive list of cases from all circuits, and information on how to search for special education cases--and one so timely that it addresses the problems caused by COVID-19 for special education instruction. The most difficult aspect of teaching special education law is to cut through the very technical verbiage and provide practical information and advice. Bateman, Yell, and Brady have accomplished this through their inclusion of the policy behind the law and evidence-based practice examples to guide educators to ensure they are able to serve some of the most vulnerable; a population that continues to increase. Special Education Law Annual Review is an excellent resource to help current and future educators to respond to those issues through the novel and comprehensive contents of this work.--Elizabeth Timmerman Lugg, JD, associate professor of education law, Illinois State University This textbook is a must-have for novice and veteran special education teachers and administrators. The up-to-date material provides a complete overview of current special education law, including new and vital information, and will help support school districts in navigating the regulations for OSEP (Office of Special Education Programs) and interpret new case law.--Tori L. Colson, EdD, Director of Graduate Programs in Education and associate professor, Teacher Education Department, University of Southern Indiana The Special Education Law Annual Review 2021 is well organized and packed with relevant information. The delivery of curriculum to students in my educational law classes requires me to be up-to-date and current on content. This review provides a solid base upon which to build as I work to maintain credibility in an academic setting.--Tom Harvey, Lamar University Bateman, Yell, & Brady have compiled an easy-to-follow, easy-to-use, and extensive anthology of the most recent SPED (special education) cases. The unpublished cases provide valuable information on the trends of cases. This is a reference all school administrators and SPED teachers need to have and utilize.--Teresa A. Stauffer, EdD, Northern Wyoming Community College District This book is original and relevant for anyone in special education or for those teaching future special educators. The best part is the case summaries, which gives the reader a quick brief of current cases including the issue, facts, ruling, and significance to special educators. This book would make an excellent supplement to any special education law class and would also be valuable to those looking to stay current on special education case law.--Midge Simmons, Wayne State College Nebraska This book is a critical publication for anyone in or working with children and families receiving special education services or supports. As either a foundational or supplemental material, the Special Education Law Annual Review makes keeping up with current legal and political contexts in the field easy. This is an absolute must for teachers and administrators, and is written in a way that is accessible to many other professions.--Chelsea Morris, University of West Georgia This book presents a well-studied and analyzed approach, a real focus on how the latest events affect the development of special education services and/or how these may vary according to the application of the law, and a detailed and specific structure of information by importance and relevance.--Lyliana Rivera, NOVA Southeastern University and Caribbean University

Emerging scholars, lawyers, school administrators, mediation specialists, and other similar constituencies can be confident in using information from this book. The total clarity of intent of the chapter layout makes navigation easy and thorough. The policy letters, primer on dispute resolution process, and the (very useful) research chapter are especially important inclusions, and the tone is practical, business-like, and non-threatening. The best part of this book is the case summaries, which gives the reader a quick brief of the case including the issue, facts, ruling, significance to special educators. This is the information we want to glean from court cases we read! The most pressing challenges for my special education law and programs courses is to keep it current, and as a faculty member, I would never have the time to pull all of this updated information each year! This book is original and relevant for anyone in special education or for those teaching future special educators. It would be an excellent supplement to any special education law class in higher education, and would also be valuable to special education directors to stay current on case law.--Midge Simmons, Wayne State College Nebraska This book is a critical publication for anyone in or working with children and families receiving special education services or supports. As either a foundational or supplemental material, the Special Education Law Annual Review makes keeping up with current legal and political contexts in the field easy. This is an absolute must for teachers and administrators, and is written in a way that is accessible to many other professions.--Chelsea Morris, University of West Georgia This book presents a well-studied and analyzed approach, a real focus on how the latest events affect the development of special education services and/or how these may vary according to the application of the law, and a detailed and specific structure of information by importance and relevance.--Lyliana Rivera, NOVA Southeastern University and Caribbean University

Bateman, Yell, & Brady have compiled an easy-to-follow, easy-to-use, and extensive anthology of the most recent SPED (special education) cases. The unpublished cases provide valuable information on the trends of cases. This is a reference all school administrators and SPED teachers need to have and utilize.--Teresa A. Stauffer, EdD, Northern Wyoming Community College District Emerging scholars, lawyers, school administrators, mediation specialists, and other similar constituencies can be confident in using information from this book. The total clarity of intent of the chapter layout makes navigation easy and thorough. The policy letters, primer on dispute resolution process, and the (very useful) research chapter are especially important inclusions, and the tone is practical, business-like, and non-threatening.--Barbara Qualls, Stephen F. Austin State University This book is original and relevant for anyone in special education or for those teaching future special educators. The best part is the case summaries, which gives the reader a quick brief of current cases including the issue, facts, ruling, and significance to special educators. This book would make an excellent supplement to any special education law class and would also be valuable to those looking to stay current on special education case law.--Midge Simmons, Wayne State College Nebraska This book is a critical publication for anyone in or working with children and families receiving special education services or supports. As either a foundational or supplemental material, the Special Education Law Annual Review makes keeping up with current legal and political contexts in the field easy. This is an absolute must for teachers and administrators, and is written in a way that is accessible to many other professions.--Chelsea Morris, University of West Georgia This book presents a well-studied and analyzed approach, a real focus on how the latest events affect the development of special education services and/or how these may vary according to the application of the law, and a detailed and specific structure of information by importance and relevance.--Lyliana Rivera, NOVA Southeastern University and Caribbean University

Author Information

Mitchell L. Yell, Ph.D., is the Fred and Francis Lester Palmetto Chair in Teacher Education and a Professor in Special Education at the University of South Carolina. His professional interests include special education law, positive behavior support, IEP development, and parent involvement in special education. Dr. Yell has published 124 journal articles, 5 textbooks, 32 book chapters, and has conducted numerous workshops on various aspects of special education law, classroom management, and progress monitoring. His textbook, Special Education and the Law, is in its 5th edition. He also serves as a State-level due process review officer in South Carolina. Prior to working in higher education, Dr. Yell was a special education teacher in Minnesota for 16 years. David F. Bateman, Ph.D., is a professor at Shippensburg University in the Department of Educational Leadership and Special Education where he teaches courses on special education law, assessment, and facilitating inclusion. He is a former due process hearing officer for Pennsylvania for over 580 hearings. He uses his knowledge of litigation relating to special education to assist school districts in providing appropriate supports for students with disabilities. His latest area of research has been on the role of principals in special education. He has been a classroom teacher of students with learning disabilities, behavior disorders, intellectual disability, and hearing impairments, and a building administrator for summer programs. Dr. Bateman earned a Ph.D. in special education from the University of Kansas. He has recently co-authored the following books: A Principal’s Guide to Special Education, A Teacher’s Guide to Special Education, Charting the Course: Special Education in Charter Schools, and Current Trends and Legal Issues in Special Education. Kevin P. Brady, Ph.D. is an Associate Professor in the Department of Curriculum and Instruction in the College of Education and Health Professions at the University of Arkansas in Fayetteville, Arkansas. He is also an adjunct associate professor at Teachers College, Columbia University, where he teaches a course in school law and ethics in the Summer Principals Academy (SPA). His primary research areas are legal issues in special education, Fourth Amendment issues in schools, and equity issues involving school finance. He is currently the Program Director of the University Council of Educational Administration (UCEA) Center for the Study of Leadership and the Law. He is a former member of the Board of Directors of the Education Law Association (ELA) and is on the editorial board of several journals, including Education and Urban Society, Journal of Disability Policy Studies, and West’s Education Law Reporter. His scholarship appears in a wide array of educational leadership, law, and policy journals.

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