Pennsylvania Special Education Law: Books, Articles & Other Scholarly Legal Analysis

Legal Dictionaries:  Use legal dictionaries in print or online to define unfamiliar legal terms.

Legal encyclopedia can provide a brief overview of an area of law, introducing the reader to relevant legal topics and terms.

Selected Legal Encyclopedia:

Treatises and study-aids on special education law can provide an in-depth analysis of this complex field.  Some suggestions appear below.  These works contain many references to relevant statutes, cases, and other legal resources.  Further such works may be found in the Library's OPAC, or by consulting with a Reference Librarian.

Practice materials, such as the practice guides and practice forms recommended below, may be used to aid the legal researcher and practitioner's understanding of the practical application of statutes, regulations, and case law relating to Special Education issues.  Search these databases or use their related indexes for material dealing with particular issues in Special Education matters.  Use the OPAC or consult a Reference Librarian to find additional practice guides and practice forms.  Some articles of interest from the various publications below are linked for the researcher:

Cause of Action for Violation of the Individuals with Disabilities Education Improvement Act of 2004 (IDEIA) [20 U.S.C.A. §§ 1400 et seq.], 37 Causes of Action 2d 447 (Originally published in 2008)

Parents' or Student's Proof in Action for Educational Services or Tuition Reimbursement Under the Special Education Laws, 93 Am. Jur. Proof of Facts 3d 1 (Originally published in 2007)

School District's Proof that Services Offered to Student with Disabilities Met Statutory Standards, 99 Am. Jur. Proof of Facts 3d 237 (Originally published in 2008)

 Liability of Public or Private Day Care Center or Nursery School, 133 Am. Jur. Proof of Facts 3d 87 (Originally published in 2013)

Law Reviews and Law Journals, a "secondary source of law," feature commentary on the law by legal scholars, students and practitioners.  Many such publications are available in print and electronic form.  Search for articles on Special Education law (and other subjects) online in various journal databases such as JSTOR, SSRN, and others.  Westlaw, Lexis+, and Heinonline all feature Law Review and Journal material, as well (these three databases require a pre-existing access account).  Google Scholar is another good source for such material and provides much free, full-text online access, or else abstracts of legal articles.  Listed below are some recent suggested articles regarding special education law in Pennsylvania; many more may be found by reference or by using the resources discussed above: 

Alexia M Baiman, Educating Special Education Students Who Have Only Attended Private Schools: After Tom F., Who is Left with the Bill? 71 U. Pitt. L. Rev. 121 (2009-2010)

Sonja Kerr & Jenai St. Hill, Mediation of Special Education Disputes in Pennsylvania, 15 U. Pa. J.L. & Soc. Change 179 (2011-2012)

Amy Reichbach & Marlies Spanjaard, Guarding the Schoolhouse Gate:  Protecting the Educational Rights of Children in Foster Care,  21 Temp. Pol. & Civ. Rts. L. Rev. 101 (2011-2012)

Samantha Peruto, Exception Perception: The Third Circuit's Strict View of the Exceptions to the Statute of Limitations Under the Individuals with Disabilities Education Act, 58 Vill. L. Rev. 843 (2013)

Publications by the Pennsylvania Bar Institute are designed to educate and assist Pennsylvania practitioners regarding the current state of the law and best practices on the various issues they cover.  These resources generally present a clear and concise review of their topic, making them very useful for non-professionals, as well.  Find additional relevant titles on Special Education Law by consulting with a Reference Librarian, or by using the Library's OPAC.

American Law Reports:  This resource features annotations (articles) on various issues of law, supported by numerous references to primary authorities (i.e., statutes, cases, regulations, etc.).  American Law Reports is available on Lexis+ and Westlaw.  Some suggested annotations are:

Provision of "Free Appropriate Public Education" to Student With Attention-Deficit Hyperactivity Disorder (ADHD) Under Individuals With Disabilities Education Act or Rehabilitation Act of 1973, 88 A.L.R. Fed. 2d 1 (Originally published in 2014).

Construction and Application of Individuals with Disabilities Education Act's Child Find Requirements, 20 U.S.C.A. §§ 1412(a)(3), 1412(a)(10), 78 A.L.R. Fed. 2d 201 (Originally published in 2013).

Special Education Requirements of Gifted Students, 115 A.L.R.5th 183 (Originally published in 2004).

What constitutes services that must be provided by federally assisted schools under the Individuals with Disabilities Education Act (IDEA) (20 U.S.C.A. §§ 1400 et seq.), 161 A.L.R. Fed. 1 (Originally published in 2000).

Obligation of public educational agencies, under Individuals With Disabilities Education Act (20 U.S.C.A. §§ 1400 et seq.), to pay tuition costs for students unilaterally placed in private schools—post–Burlington cases, 152 A.L.R. Fed. 485 (Originally published in 1999).