Federal laws regarding special education rights control throughout the United States and its Territories. Research federal legislation and administrative rules dealing with special education issues with the following selected resources. Further research may be conducted by consulting a Reference Librarian or by using the many other federal law resources available in print or electronic form:
The Constitution of the United States of America
20 U.S.C. § 1400 et seq.: Individuals with Disabilities Education Act (IDEA).
29 U.S.C. § 794: Rehabilitation Act of 1973, Section 504.
42 U.S.C. § 12101-12213: Americans with Disabilities Act of 1990.
42 U.S.C. § 280i-280i-4: Autism CARES Act of 2014.
The Code of Federal Regulations:
Title 34, Education: Parts 300-396.
Federal Case Law: Federal laws relating to special education may develop and change through the decisions of the federal courts, interpreting the will of Congress and Executive Branch agencies as expressed in relevant statutes and administrative rules. Depending upon the forum and the claims involved in particular matters, a researcher may need to find federal and state case law relevant to their issues. Links to suggested online resources are provided below. Use the Library’s OPAC to find print resource locations and for additional material:
United States Supreme Court opinions availabel at the official website of the Supreme Court of the United States.
United States Reports: (KF101 .A3) The official reporter of United States Supreme Court opinions
West’s Supreme Court Reporter: United States Supreme Court opinions on Westlaw.
United States Supreme Court Reports, Lawyers Edition: A commercially-published reporter on Lexis Advance.
The West Digest System: For print versions of the West Digest system, use the Descriptive Word Index volumes from a Digest for the appropriate jurisdiction to find topics and keynumbers regarding special education issues and the law regarding any additional claims. In Westlaw, use the “West Key Number System” to browse the West Digest Outline, or to search for topics and key numbers using your own search terms.
Selected Digest Topics related to Special Education:
141E Education:
K210-K229 School Aid and Funding:
K228 Aid for Special Education
K860-K909 Children with Disabilities; Special Education:
K862 Individualized Education Program
K864 "Child Find" Obligation
K868 Eligibility; Nature of Impairment of Condition
K870 Behaviral or Emotional Disorders
K871 Autism
K873 Learning Disabilities
K884 Administrative Proceedings to Enforce Rights
K889 Judicial Review or Intervention
K887 Proceedings Before Hearing Officer
K893 Exhaustion of Remedies
K894 Scope of Review
Westlaw Federal Case Law Databases:
Federal District Court Cases: Pennsylvania
Pennsylvania State & Federal Cases
Lexis Advance Federal Cases:
"All Reported Federal" cases in Lexis Advance; see also the National Disability Law Reporter.
Cornell University’s Legal Information Institute (LLI): Court Opinions
Websites of Federal court in Pennsylvania:
United States Court of Appeals for the Third Circuit
United States District Court: Eastern District of Pennsylvania
United States District Court: Middle District of Pennsylvania
United States District Court: Western District of Pennsylvania
Search online for additional Court websites covering different jurisdictions.
Pennsylvania statutes and administrative rules have numerous provisions dealing with Special Education. Below are some selected provisions; others can be found through further research using the resources featured in this Guide:
The Constitution of the Commonwealth of Pennsylvania.
Purdon's Pennsylvania Consolidated Statutes Annotated (Reserve, Third Floor: KFP30 1930 .A44).
Pennsylvania Statutes:
Pennsylvania Statutes: Title 24. Education
Public School Code of 1949 24 P.S. §§ 1-101-27-2702
Early Intervention Services System Act, 11 P.S. §§ 875-101-875-503.
Pennsylvania Regulations (Pennsylvania Code): The Pennsylvania Code is Pennsylvania's official publication of rules and regulations governing the operation's of state agencies.
Chapter 14. Special Education Services and Programs.
Chapter 59. Special Education Schools.
The Pennsylvania Bulletin is Pennsylvania's official weekly publication noting changes to state court rules, executive orders, and agency regulations and notices.
Many Pennsylvania state court opinions are published in various official and unofficial court reporters. They are also available online on Westlaw, Lexis Advance, and Bloomberg Law. Opinions may also be available on the relevant court’s website: