Diving into Special Education Law Classes: Routes to Advocacy and Mastery

A Primer on Special Education Law

In the United States, Public Law 94-142 was enacted in 1975 to guarantee children with disabilities a free and appropriate public education (FAPE). All states have special education laws which are based on federal law. Special educational law guarantees each child the right to a free appropriate public education. Special education law governs special education in a broad range of areas including diagnostics, support, and procedural protections. It also includes regulations governing the assignment of teachers , income-level and other special purpose tax sales, licensure requirements, and funding. The Individuals with Disabilities Education Act (IDEA) governs the provision of services to children with disabilities. This law requires schools to help children with disabilities up to age 21. In addition to schools, the State Medicaid program also provides support for classes, resources, and training for children with disabilities.

What Topics are Discussed in Special Education Law Classes?

Special education law classes focus on a range of critical issues, all of which are essential for advocates and education professionals to understand as they work to support students with disabilities. Some of the primary topics typically covered in such classes include the following: Federal laws: State laws must align with federal laws, including the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act. Classes on special education law can give you a better understanding of federal case law and its application to students with disabilities. Individual Education Programs (IEPs): Learning about IEP development and implementation is essential for educators and advocates who work regularly with students with disabilities and their families. Classes help you understand the requirements for an IEP, as well as the legal implications of each element and how to effectively draft an IEP that meets the needs of students. 504 Plans: Under Section 504, schools must provide a free and appropriate public education (FAPE) to qualified students with disabilities, even if those students do not qualify for special education services. Families may pursue accommodations for their students through a 504 plan, which is another important topic of focus in classes on special education law. State-specific regulations and case law: Special education law can change over time, meaning that it is crucial to stay informed about recent developments at both the state level and within specific districts. Prevention, intervention and discipline: Some of the courses individuals take to advance their special education law knowledge will focus on the prevention and intervention of unsafe or disruptive behavior, including the legal implications of this behavior and options available for addressing it, like suspension or expulsion. Evidence-based practices: Evidence-based special education practices are essential to creating a safe and effective learning environment for students with disabilities. Courses will help you further your understanding of evidence-based practices that support academic success in these students. The specifics of today’s special education law courses may vary depending on the school or organization holding the class, but the above-listed topics are those most commonly taught in hopes of providing educators and advocates alike with a better understanding of what they are legally permitted and required to do in working with students with disabilities.

Who Benefits from Taking a Course on Special Education Law?

The audience for our class offerings is broad, and intentionally so. We serve current law students and young lawyers, experienced attorneys, school administrators, teachers and parents of students with disabilities. The common denominator in our courses and webinars is our commitment to the advocacy process. Active advocates—whether they work on the education or legal side of the process—benefit from knowing the federal and state laws that govern the educational process. Attorneys who represent school districts or families, administrators and teachers from disability services are well-served by understanding the procedural, substantive and philosophical underpinnings of special education law, advocacy, and dispute resolution. Education advocates, nonprofit organization staff, and parents of students with disabilities round out our audience and participate in our classes to gain a better understanding of students’ rights and how to navigate the complex special education referral, evaluation, IEP and dispute resolution processes.

Opportunities for Advancement and Employment

Through the lens of special education law, motivating factors such as a desire to make a difference in the lives of disabled students or a commitment to equal and equitable access to education spark both personal and professional growth. Pursuing an academic degree or certification in special education law can open doors to rewarding employment opportunities. Opportunities include positions with school districts and not-for-profit organizations that offer educational and/or legal support to disabled children and their families. At the district level, analysts and coordinators review special education and human resources policies and procedures to evaluate existing operations and identify potential areas for regulatory non-compliance. Working directly with parents and students, organization directors and disability advocates are responsible for understanding and sharing information regarding rights granted by state and federal laws. Director and analytical positions at non-profit organizations also require advocacy and networking skills. Similar to district level positions, advocacy positions focus on individual and group support. Legal positions in government, private practice and not-for-profit organizations are also available to those studying special education law . Law student courses explore constitutional, federal and state legislation, regulations and policy, as well as court decisions that define the rights of disabled children and their families and the responsibilities of school districts and public agencies. With a Juris Doctorate, attorney positions are available within the Department of Justice and Department of Education, in a private firm, at a non-profit organization or in-house at a public agency or school district. Interpreting and sharing regulatory publications as well as representing local agencies in disputes and litigation are examples of the work performed by attorneys in the private and public sectors. Applying research and data analysis skills, administrative roles are available in federal and state public agencies and within-in non-profit groups. Positions are available with specifically defined legal and advocacy oriented responsibilities as well as those that have a larger focus and require collaboration with other government entities, advocates and organizations. Analytical skills are important in all roles, as is the ability to navigate relationships with other local agencies and advocates.

Choosing the Right Program for Special Education Law

When considering the best pathway toward becoming a special education advocate or attorney, prospective students should examine the accreditation of the program, the credentials of the faculty, and the curriculum. Both Certificate and Master of Laws programs accredited by the American Bar Association (ABA) are offered at leading law schools around the country. While there are excellent programs at non-ABA accredited colleges, earning a JD and an advanced degree from a program recognized by the ABA provides the best credential for advocates and lawyers. Many of the highly respected programs are available on-line, providing the same robust curriculum from anywhere in the world.
The University of Virginia School of Law is home to the UVA Special Education Advocacy Clinic. Now considered one of the top special education law clinics in the nation, the clinic has been so successful that the university has expanded it to a second clinic at the University of Notre Dame Law School. Led by Professor Anne L. Stinson, who is the nation’s leading authority on special education law and serves as an adviser to the United States Department of Education on enforcement issues, the clinic provides a variety of services and clinics to students. Students work directly with clients, many of whom have been referred by state education departments, parent-training and information centers, and by the National Disability Rights Network. Existing clients can also refer clients to the clinics for reasons such as assistance with eligibility under the Individuals with Disabilities Education Act (IDEA), individualized education program (IEP) or team meetings, 504 plans, assisting students whose behavior at school has resulted in disciplinary action, conducting IEP/504 training, and helping educators understand disability law and obligations.
Georgetown University Law Center also offers a robust curriculum in special education law. Opportunities for both JDs and LLMs at Georgetown include hard-hitting classes that tackle the complexities and controversies of special education law. At Georgetown, students have the opportunity to participate in two clinic opportunities through the Juvenile Justice Clinic and the Disability Rights Clinic. The Juvenile Justice Clinic specializes in analyzing systemic issues arising from the representation of youth who have been charged with delinquency in the criminal justice system. The Disability Rights Clinic focuses on multiple legal issues facing the disability community, including special education, housing, employment, and civil rights. The clinic is designed to place students with attorneys who represent clients with disabilities in both litigation and non-litigation settings. Clients may be nonprofit organizations, public entities, or individuals. Students who pursue their LLM in special education law are guided by Professor George Yesbeck, head of the Disability Rights Clinic and adjunct professor of law at Georgetown.
New York Law School’s Institute for Professional Development offers an LLM in Special Education Advocacy, which aims to provide a rigorous academic experience for professionals who advocate for children with disabilities. The program is the only graduate program in the United States with a combined focus on both advocacy and law. Students may benefit from courses offered by the School of Education, School of Psychology, and the Law School.

Real-World Cases in Special Education Law

The study of special education law is not merely theoretical; it has profound implications for practitioners and the students and families they serve. Understanding the nuances of these laws can mean the difference between appropriate educational placements for children with disabilities and inequitable programs that fail to meet their needs. Real-world applications of this body of law can often be observed in the experiences of practitioners, who frequently engage in extensive legal analysis and advocacy in order to secure fair treatment for their clients.
Indeed, many practitioners cite specific classes on special education law as formative experiences that ultimately led them into their current careers. "I couldn’t believe how much I didn’t know going into that class," says Mark Klapper, a graduate of Georgetown Law and head of his own advocacy consultancy. He recaps a case where a client’s child was initially denied access to special education services based on the lack of a formal medical diagnosis. "So much of my work now involves pursuing a legal argument—we’re often on our own and without support of an attorneys , " he notes. Knowing the ins and outs of relevant laws and regulations, he now successfully advances the argument that the medical requirement is not legally mandated. With that exception being overturned, the case is now set for a hearing.
For others, the application of law to special education is a motivating factor for their later career choices. David Dudley is a special education attorney with over a decade of experience who teaches at George Washington University Law School. His "Administrative Law" class has been cited as a critical factor in his career path by multiple current students. One former student, now an attorney, recalls the class as the "most empowering class I ever had at law school." For Dudley, each semester’s "aha" moment from panels of industry pioneers makes it all worthwhile.