Primary Resources
Federal Statutes
IDEA: The Individuals with Disabilities Education Act is the main law governing how students with exceptional needs are educated. This Act began as the Education for All Handicapped Children Act in 1975; through years of amendments and reauthorizations, the Act became IDEA. This statute has four different sections, A, B, C, and D. (20 U.S.C.A. § 1400)
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ADA: The Americans with Disabilities Act, while normally not thought of as an aspect of education, it is! This act protects students from discrimination due to their disability. This law very commonly overlaps with other laws, however, it is necessary. The ADA works with the IDEA and Section 504 statutes to protect students in schools. (42 U.S. Code § 12101)
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Section 504: Section 504 of the Rehabilitation Act further protects students who have a disability, who have educational needs, who may not qualify for services under IDEA. This act prohibits discrimination by a program or activity that receives federal funds. In the world of Special Education, if a student does not qualify under one of the enumerated disabilities under IDEA, but the child still has educational needs, the child must be provided with a 504-plan. (29 U.S.C. § 701 et seq.)
State Statutes
Pennsylvania state is tricky, as their statutes are being codified, so at some points, one may have to look to two different sources to find information. However, the PA Bulletin has the relevant state statute for special education posted. These statutes CLOSELY mirror the federal statutes, however, there was a major consent decree issued, known as the PARC consent decree, which slightly altered, and created more stringent, timelines in the state of PA in comparison to other states and federal requirements. A practitioner should look to their own state regulations to ensure that they are effectively meeting the specified timelines. PA state special education statutes are found in title 22 chapter 14 of the PA code.
Case Databases
There is not a specific "Special Education Law" case law database, however, there are several case law databases that have an Education Law practice area that you can search under and narrow results by applying a "special education" term into the search bar then narrow further by jurisdiction. While many special education cases are primarily decided on the state level, there have been several cases decided by both the lower federal courts and the Supreme Court of the United States.
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Westlaw, while this database does not have a practice area dedicated to education law, they do offer a key system, which does have an education law key. From this key one can narrow their search to special education-related sections, use the key system to identify the question or area that is to be researched, and begin narrowing by jurisdiction.
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LexisNexis, opposite from Westlaw, does have a practice area dedicated to Education Law. From this search screen, one can easily narrow results by adding a "special education" search term and narrowing by jurisdiction.
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Agencies
The United States Department of Education oversees the implementation of IDEA. This agency offers guidance and interpretations of the statute. While the Dept. of Education is the leader on this, the Office of Special Education Programs and the Office of Special Education and Rehabilitative Services all work together. These websites offer resources, guidance, text from the relevant statutes, acronym guides, and policy decisions. The US Dept. of Education also offers regulations regarding the implementation of IDEA. These regulations can be found here.
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State Departments of Education are also essential in protecting the rights of and educating students with disabilities. All states are bound by IDEA and have adopted similar statutes or language that mirrors the federal regulations. However, some of the states have adopted more stringent standards. In the state of Pennsylvania, the Department of Education is dedicated to providing Free Appropriate Public Education to all students. Their website offers a variety of resources for Special Education, including a list of resources for parents, teachers, and school districts, contact information, and more.
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