PED612 v2

School Psych Finds. (n.d.). Intro to Special Education Law. Retrieved September 27, 2022, from https://open.spotify.com/episode/3iYtXePI1xVXS2Um8JBXru
This episode presents an overview of federal law regulating special education, including IDEIA and the 14 federally-defined eligibility categories of disability. The episode also unpacks the role that school psychologists play in carrying out SPED law, and the challenges that arise in differing state laws. Disclaimer: Please note that the content of this episode is based on the opinions of one practitioner, and does not necessarily represent the viewpoints of National University or its affiliates.

Wright, P. W. D., & Wright, P. D. (2021, October 18). The History of Special Education Law in the United States. Wrightslaw. https://www.wrightslaw.com/law/art/history.spec.ed.law.htm"
This discusses the history and inception of special education. This document includes what education looked like in the beginning, who was educated, and how formal education began. The first special education programs are noted along with the ruling of Brown v Board of Education and the impact that ruling had on education access. This document provides a timeline of legal rulings that helped to shape the system of special education that we know today.

Forte Law Group LLC. (2017, October 4). History of Special Education: Important Landmark Cases. Forte Law Group LLC. https://www.fortelawgroup.com/history-special-education-important-landmark-cases/
This article covers important landmark cases regarding special education. It also notes that the right to education is secured by the constitution of the United States. The reality is that education is determined by each state. While the state of education was determined to be better served by the states noting that the local government would know their residents the best, many cases regarding the rights for special education relied on the 14th amendment in the constitution which applied the due process and equal protection clause of the amendment. In the case of Mills v Board of Education, the courts deemed that no student could be denied public education due to behavioral, mental, emotional, or physical difficulties. The landmark case of PARC v Pennsylvania noted that the practice of an IEP and providing due process is related to this ruling as part of the ruling stated that educational placement cannot take place without prior written consent. These cases highlight the beginnings of what we do now regarding special education.

A History of the Individuals With Disabilities Education Act. (2022, March 18). Individuals with Disabilities Education Act. https://sites.ed.gov/idea/IDEA-History/
The 1975 public law 94-142 known as the Education for All Handicapped Children Act (EHA) protected the rights of individuals with disabilities and their families from infancy to adolescence. The name of the law changed in 1990 to Individuals with Disabilities Education Act (IDEA). Prior to the passage of EHA most students in need of special supports were denied these supports and were often excluded from education. Actually, students who were identified as being deaf, blind, having an emotional disturbance or having lower intellect were legally excluded from receiving education. Since the passage of EHA/IDEA more students in need of special education services are able to receive those services.

Yell, M., Rogers, D., & Rogers, E. (1998). The Legal History of Special Education: What a Long, Strange Trip It’s Been! Remedial and Special Education - REM SPEC EDUC, 19, 219–228. https://go.openathens.net/redirector/nu.edu?url=https://www.proquest.com/scholarly-journals/legal-history-special-education-what-long-strange/docview/236312259/se-2?accountid=25320
This article traces the legal history of special education, providing an overview of compulsory attendance laws, state laws upholding the exclusion of students with disabilities through the 1960s, the civil rights movement, parental advocacy groups, the equal opportunity movement, and the laws enacted from 1973 (Section 504) through 1997 (IDEA).

Lanear, J., & Frattura, E. (2007). Getting the stories straight: allowing different voices to tell an “effective history” of special education law in the United States. Education & the Law, 19(2), 87–109. https://search.ebscohost.com/login.aspx?direct=true&AuthType=sso&db=eric&AN=EJ815636&site=eds-live&scope=site&custid=natuniv
This article presents a critique of “traditional” positivist portrayals of the history of special education in the United States. The authors argue that special education law, instead of developing in a linear fashion, has oftentimes shortchanged the students that it presumes to serve. Several court cases are highlighted, including: Beattie v. Board of Education; Brown v. Board of Education; PARC and Mills; The Rowley case; and others. While this resource is older, it is important to read as it presents a nuanced and skeptical view of the history of special education law that we don’t always see.

Understanding Brown v. Board of Education: A Case Summary. (2020, May 12). Findlaw. https://supreme.findlaw.com/supreme-court-insights/understanding-brown-v--board-of-education--a-case-summary.html
This document discusses the history of Brown v Board of Education noting the significance of this landmark case and how the 14th amendment played a key role in this case. The ruling of Plessy v Ferguson was also addressed as the ruling for Brown v Board overturned the doctrine of separate-but-equal as being inherently unequal.

Black, White and Brown. (2020, April 7). https://www.pbs.org/video/black-white-and-brown-owcm5k/
This video discusses the case of Brown v Board of Education from its inception with Mr. Brown, but it also discusses the similar cases that were taking place across the country. These cases were consolidated into one case (Brown v Board of Education). There is discussion from firsthand accounts of individuals who lived in Topeka Kansas as well as descendants of the Brown family. This video discusses what happened before, during, and after this case was being litigated and ultimately ruled by the Supreme Court.

50 Years Later - Brown v Board of Education (May 17, 2004).(2004). NewsHour Productions. https://video.alexanderstreet.com/watch/50-years-later-brown-v-board-of-education-may-17-2004
This video discusses the effects of Brown v Board of Education and asks if the goal of Brown v Board was achieved. A panel of professionals provide insight into the effects of this landmark case noting that there are many things that Brown v Board accomplished, but there are also some areas regarding desegregation that can be improved upon.

State Bar of Georgia. (2016, May 21). Brown v. Board of Education (1954) | Separate Is NOT Equal. https://www.youtube.com/watch?v=aX9Dmo24_cc
This video discusses the legal aspects, in the 1954 of equal protections as set forth by the 14th Amendment. The video discusses Plessy v Ferguson and notes that initially the courts ruled that the separate learning environments were not unequal when based on the physical buildings, saying that if the physical buildings are equal then the separation was not an unequal situation. There is also some discussion of the importance of this case due to the issue of civil rights. This law led to the desegregation of hotels and restaurants. This case also helped to overturn the Plessy v Ferguson case.

KUFMS. (2020, May 7). The Unintended Consequences of Brown v. Board of Education. https://www.youtube.com/watch?v=z4UARsqclMU
This short documentary examines the effects of Brown v BOE on the students and the Black teachers. This video reports that a majority of Black teachers were fired from their job while White teachers retained their jobs. It is further noted that most of the Black teachers had masters and PhDs in education where the White teachers may have had a certification. The report notes that legal cases aimed to return Black teachers to the classroom during this time were all denied. The report briefly touches upon the racial disproportionality of behavioral reports and discipline for Black students versus White students.

Brown v. Board of Education of Topeka, No. 51-00316 (U.S. District Court for the District of Kansas July 8, 1952). https://clearinghouse.net/doc/9104/
This transcript presents the full dialogue from Brown v. Board, including the testimonies of affected families. Recommended excerpts include p. 80 (mention of ‘special rooms’ for black children), as well as pages 81-87 and 107-110.

14th Amendment. (n.d.). Legal Information Institute. https://www.law.cornell.edu/constitution/amendmentxiv
This website introduces a summary of the 5 sections of the 14th Amendment and what each section of the amendment includes.

McNamara, R. (2019, May 3). Plessy v. Ferguson. ThoughtCo. https://www.thoughtco.com/plessy-v-ferguson-1773294
This article discusses the Plessy v Ferguson case and how this case allowed the Jim Crow to last for over 60 years until the ruling of Brown v Board of Education. This article introduces the reader to Homer Plessy and the judge John Ferguson and provides detailed information regarding the situation that resulted in Plessy’s arrest and the subsequent legal cases that were moved up to the Supreme Court, only for the court to state that separate but equal was acceptable, and allowed the law of the land to say that separate facilities and schools was constitutional.

The Understood Team. (n.d.). The Difference Between ESSA and No Child Left Behind. Retrieved September 21, 2022, from https://www.understood.org/en/articles/the-difference-between-the-every-student-succeeds-act-and-no-child-left-behind
This document provides side-by-side similarities and differences between NCLB and ESSA.

National Association of School Psychologists. (2020). The Professional Standards of the National Association of School Psychologists. National Association of School Psychologists. https://www.nasponline.org/standards-and-certification/nasp-2020-professional-standards-adopted
This document contains professional standards of school psychologists related to privacy, confidentiality, mandated reporting, and more.

Makena, K. (2021). California Association of School Psychologists School Psychologist Code of Ethics. CASP. https://www.casponline.org/pdfs/publications/Code%20of%20Ethics%2010-2021%20Final.pdf
The California Association of School Psychologists (CASP) Code of Ethics discusses the issue of confidentiality and when school psychologists are required to ensure confidentiality.

California Department of Education. (2021, September 13). Child Abuse Identification & Reporting Guidelines. https://www.cde.ca.gov/ls/ss/ap/childabusereportingguide.asp
The California Department of Education requires that all school personnel are knowledgeable regarding abuse and neglect. This guide provides information on the identification and reporting process as well as some examples of signs of abuse in the areas of emotional, physical, sexual, and neglect.

ARTICLE 2.5. Child Abuse and Neglect Reporting Act [11164 - 11174.3]. (n.d.). California Legislative Information. Retrieved October 19, 2022, from https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PEN&division=&title=1.&part=4.&chapter=2.&article=2.5
This document addresses the penal codes associated with child abuse and neglect. Definitions of terms are provided including mandated reporter and all of the people who are considered mandated reporters. Education code 44691 and health and safety code 1596.8662 note the required trainings of their employees to identify and report abuse. Additional information regarding the failure to report suspected abuse/neglect by a mandated reporter, physical documentation of the abuse/neglect, and the method of reporting (i.e., phone call, electronic reporting, etc).