Special Education Law
Fall 2014
Class Time:
Saturdays - 9:00 to 11:30 AM
Professor:
Michelle Griffin
Email: griffinmle@aol.com
Office Hours: Saturdays after class, and by appointment
Textbook/Required Reading:
 Mark C. Weber, Ralph Mawdsley and Sarah Redfield, Special Education Law: Cases and
Materials, Fourth Edition, Lexis Nexis, 2013. (Cited below as “Weber et al.”)
ISBN: 978-0-7698-6505-8
 Free online casebook supplement:
http://www.lexisnexis.com/store/images/Supplements/3189-2014Supplement.pdf. (Cited
below as “2014 Supplement.”)
Students should also obtain copies of the following state and federal statutes and regulations, for
reference throughout the semester:
 Massachusetts General Laws Chapter 71B
(A copy may be found at:
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXII/Chapter71b.)
 603 CMR 28.00
(A copy may be found at:
http://www.doe.mass.edu/lawsregs/603cmr28.html?section=all.)
 Individuals with Disabilities Education Improvement Act (IDEA/IDEIA 2004), 20 USC 1400 et
seq.
(A copy of the law can be found at http://idea.ed.gov. Alternatively, the statute is
available in the supplement accompanying the text book, purchase of which is not
required.)
 IDEA/IDEIA 2004 regulations, 34 CFR Part 300, published in the Federal Register on August
14, 2006, and Federal Register amendments.
(A copy of the regulations can be found at:
http://idea.ed.gov/download/finalregulations.pdf. Alternatively, these regulations are
available in the supplement accompanying the text book, purchase of which is not
required.)
Amendments to federal regulations:
o 73 FR 73006-73029 (December 1, 2008). A copy may be found at:
http://www.gpo.gov/fdsys/pkg/FR-2008-12-01/pdf/FR-2008-12-01.pdf. (NOTE:
You only need indicated pages.)
o 72 FR 17753-17781 (April 9, 2007). A copy may be found at:
http://www.gpo.gov/fdsys/pkg/FR-2007-04-09/pdf/FR-2007-04-09.pdf. (NOTE:
You only need indicated pages.)
Special Education Law
Fall 2014
Professor Griffin
Page 1
Grading Policy:
Grades will be based upon the following:
Short research paper and oral presentation (10-15 pages)
25%
Quizzes
(Up to five “pop” quizzes will be administered to monitor reading progress.
15%
For grading purposes, the lowest quiz score will be thrown out, remaining scores
will be averaged, and the average quiz score will count as 15% of the final grade.)
Final Examination (cumulative; date/time to be announced)
60%
A curve will be implemented, consistent with MSL policy. Grades may be lowered by 1/3 for lack of
participation, lack of preparation, or failure to attend class.
Research Paper:
Students should discuss research paper topics with Professor Griffin. Topics must be approved by
September 27, 2014. Paper will be due at the beginning of class on November 1, 2014, and must be
submitted in hard copy and by email to griffinmle@aol.com. Papers will not be accepted unless they are
typed, double spaced and punctual. Students must also present to the class on their papers, and will be
assigned a week in which to do so. Presentations should be 20-30 minutes.
Final Examination and Quizzes:
The final examination is cumulative, and will cover the lecture materials, handouts and all readings.
Students are expected to take the exam on the designated day and time. Exam questions are derived
from the assigned readings, handouts provided by the professor, lectures and class discussions. Quiz
questions are derived from assigned readings.
Class Requirements:
Students must prepare for class discussions by reading course materials for the days they are assigned.
Class participation is expected. The class is interactive, and students are responsible for keeping up with
the pace of the syllabus. Please ensure that mobile phones other such devices are turned off prior to
class, except in emergency situations. Recording of class is not permitted.
Academic Dishonesty:
Academic dishonesty will not be tolerated. It is the responsibility of each student to be familiar with the
Massachusetts School of Law policies on academic integrity. Academic dishonesty includes, but is not
limited to, all forms of cheating, copying, plagiarism, and providing assistance to other students during
examinations and quizzes. Students are prohibited from using books, notes and other reference
materials during examinations and quizzes unless specifically authorized by the instructor. Students
must not copy other students’ examination papers, have others take examinations for them, substitute
examination booklets, submit papers written by others, or engage in other forms of academic
dishonesty. All violations will result in a grade of ZERO on the assignment. All violations will also be
reported to MSL administration, who may take additional action.
Special Education Law
Fall 2014
Professor Griffin
Page 2
Course Outline:
8/23/2014
Statement of Course Objectives and Overview of Course
Overview of Syllabus and Reading Materials
Introduction to and Origins of Special Education Law
8/30/2014
Introduction to and Origins of Special Education Law
Readings:
 Weber et al., Chapter 1; 2014 Supplement, p. 1
 Office of Special Education and Rehabilitative Services Celebrates 35 Years of the Individuals with
Disabilities Education Act, http://www2.ed.gov/about/offices/list/osers/idea35/index.html
 History of the IDEA – Thirty–Five Years of Progress in Educating Children with Disabilities
Through IDEA, found at http://www2.ed.gov/about/offices/list/osers/idea35/history/index.html
 Skim: IDEIA §§ 1400 and 1401
 Skim: 34 CFR Part 300.1-300.45
 Skim: M.G.L. Chapter 71B
9/6/14
Continued Discussion of IDEA/IDEIA 2004
Residency
Readings:
 Weber et al., Chapter 3; 2014 Supplement, p. 4
 603 CMR 28.10
 U.S. Department of Justice and U.S Department of Education Office for Civil Rights, Dear
Colleague Letter and accompanying Questions and Answers(May 8, 2014):
http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201405.pdf and
http://www2.ed.gov/about/offices/list/ocr/docs/qa-201405.pdf
 US. Department of Education (OSERS and ESE) Questions and Answers on Special Education and
Homelessness: https://www2.ed.gov/policy/speced/guid/spec-ed-homelessness-q-a.pdf
9/13/14
Evaluation and Eligibility for Special Education
Readings:
 Weber et al., Chapter 2; 2014 Supplement, p. 2
 34 CFR §§ 300.300-300.311 (and see 73 FR 73027 regarding 34 CFR 300.309)
 M.G.L. Ch. 71B, § 3
 603 CMR §§ 28.04 and 28.05
9/20/14
FAPE (Free Appropriate Public Education)
Readings:
 Weber et al., Chapter 4; 2014 Supplement, p. 5
Special Education Law
Fall 2014
Professor Griffin
Page 3



34 CFR §§ 300.17 and 300.103-114
M.G.L. Ch. 71B, § 3
REVIEW: Board of Education v. Rowley, Weber, et al. Chapter 1
9/27/14
FAPE (Free Appropriate Public Education) (continued)
Least Restrictive Environment (LRE)
Related Services
Readings:
 Weber, et al., chapter 6; 2014 Supplement, p.7
 Weber, et al., chapter 7; 2014 Supplement, p.8
 34 CFR §§ 300.114-300.120
 34 CFR § 300.34
 603 CMR 28.02(12)
10/04/14
LRE (continued)
IEP Development
Readings:
 Weber, et al., Chapter 5; 2014 Supplement, p. 6
 34 CFR §§ 300.22, 300.23, and 320-328.
 603 CMR §§ 28.05 and 28.06
 PERUSE: Massachusetts IEP forms, found at http://www.doe.mass.edu/sped/iep/.
10/11/14
Section 504 of the Rehabilitation Act
Readings:
 29 USC section 794 and 794a (it’s very short!)
 34 CFR Part 104; focus on subparts A, D and G; skim the rest. (Can be found at
http://www.ed.gov/policy/rights/reg/ocr/edlite-34cfr104.html.)
 Nancy Lee Jones and Carol J. Toland, “Education of Individuals with Disabilities: The Individuals
with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, and the Americans
with Disabilities Act (ADA),” Congressional Research Service Report R40123 (January 7, 2010).
http://assets.opencrs.com/rpts/R40123_20100107.pdf.
 U.S. Department of Education, Office for Civil Rights, “Free Appropriate Public Education for
Students With Disabilities: Requirements Under Section 504 of The Rehabilitation Act of 1973,”
(August 2010). This short document can be found at
http://www.ed.gov/about/offices/list/ocr/docs/edlite-FAPE504.html.
 REVIEW: Pottgen and Pawlet cases, Weber et. al., Chapter 3
10/18/14
No class- Work on your papers!
Special Education Law
Fall 2014
Professor Griffin
Page 4
10/25/14
Procedural Safeguards and Challenges; Due Process Hearings
Readings:
 Weber et al., Chapter 8; 2014 Supplement, pp. 9-10
 34 CFR 300.500-300.520
 Massachusetts Bureau of Special Education Appeals (BSEA) Hearing Rules, available at
http://www.mass.gov/anf/docs/dala/bsea/hearing-rules.pdf
11/1/14
Paper presentations
Court Proceedings
Attorneys Fees
Readings:
 Weber et al., Chapter 10; 2014 Supplement, p. 12 and p. 24
 Weber et al., Chapter 11
11/8/14
Paper presentations
Student Discipline
Readings:
 Weber et al., Chapter 9; 2014 Supplement, p. 10
 34 CFR 300.530-300.537
 Mass. General Laws Chapter 71, §§ 37H, 37H ½, 37H ¾ and Chapter 76, §§ 16, 17 and 21
 Jim Comstock-Galagan, Esq., and Rhonda Brownstein, Esq., Stopping the Schoolhouse to
Jailhouse Pipeline by Enforcing Federal Special Education Law, found in the Newsletter of the
ABA Children’s Rights Litigation Committee, Winter 2007, Vol. 9, Issue 2:
https://apps.americanbar.org/litigation/committees/newsletter_gratis/childrens_rights_litigatio
n.pdf.
11/15/14
Paper presentations
Student Discipline (continued from above)
Overidentification and Disproportionality
Readings:
 See above.
 Margaret Wakelin, Challenging Disparities in Special Education: Moving Parents from
Disempowered Team Members to Ardent Advocates, 3 Nw. J.L. & Soc. Pol’y 263 (2008) at
http://scholarlycommons.law.northwestern.edu/njlsp/vol3/iss2/6.
 34 CFR § 300.173
 IDEIA §§ 1412(a)(24) and 1418
11/22/14
Students in Non-public Schools
Early Childhood Programs
Special Education Law
Fall 2014
Professor Griffin
Page 5
Readings:
 Weber et al., Chapter 12; 2014 Supplement, p. 25
 Weber et. al., Chapter 13
 34 CFR §§ 300.129-148
 U.S Department of Education, The Individuals with Disabilities Education Act (IDEA): Provisions
Related to Children With Disabilities Enrolled by Their Parents in Private Schools (February 2008):
http://www2.ed.gov/admins/lead/speced/privateschools/idea.pdf.
11/29/14
Transition and age of majority considerations
Students in Institutional Settings
Readings:
 603 CMR 28.07(5)
 Topic Brief: Secondary Transition and the IDEA, found at
http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CTopicalBrief%2C17%2C
 Questions and Answers on Secondary Transition:
http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C10%2C
 M.G.L. Chapter 71B, § 12
 M.G.L. Chapter 71B, § 11A
 603 CMR 28.06(9)
Student records and selected confidentiality provisions of state and federal law
Readings:
 Section-by-Section Analysis of the Family Educational Rights and Privacy Act (FERPA) Final
Rule, 34 CFR Part 99 December 2008, found at
http://www.ed.gov/policy/gen/guid/fpco/pdf/ht12-17-08-att.pdf
 Massachusetts Student Records regulations, 603 CMR 23.00, available at:
http://www.doe.mass.edu/lawsregs/603cmr23.html?section=all
Related resources (not assigned reading):
FERPA statute: 20 USC 1232g
FERPA Regulations (34 CFR Part 99) may be found at:
http://www.ed.gov/legislation/FedRegister/finrule/2008-4/120908a.pdf
December 2-7, 2014
STUDY WEEK
THERE WILL BE A 2.5 HOUR REVIEW CLASS SCHEDULED DURING STUDY WEEK TO MAKE UP FOR THE
CANCELED CLASS ON 10/18/14 (likely will be held on December 6, 2014)
FINAL EXAM:
Date and Time TBA
Special Education Law
Fall 2014
Professor Griffin
Page 6