Legal and Political Issues in Special Education

Legal and Political Issues in Special Education: SPG 633 Spring 2026 Session 1

Course Overview

  • Instructor: Dr. Christine Panarese

  • Department: Curriculum & Instruction, University of Massachusetts/Boston

Agenda for Session 1 (January 29, 2026)

  • Introductions

  • Norms

  • Essential Question for Today’s Learning

  • Today’s Learning Objectives

  • Syllabus Review

  • Legal Issues in Special Education – Exploring Legal Literacy

  • Independent Work: Watch Willowbrook video and respond to questions

Welcome & Introductions

Participants are invited to share:

  • Your Name

  • Current work or pre-practicum placement details

  • One goal for the spring (professional, grad school, personal)

Sample Norms for Class Interaction

Meeting Wise Norms

  • Assume positive intentions

  • Creating Our Class Norms

    • Cameras On

    • Take an inquiry stance.

    • Ground statements in evidence.

    • Take responsibility for impact

    • Stick to protocol and hear all voices.

    • Start and end on time.

    • Be present and engaged.

Adapted from Meeting Wise: Making the most of collaborative time for educators (Harvard Education Press, 2014).

Learning Objectives

By the end of this session, participants will:

  • Gain understanding of the syllabus, assignments, and protocols for interaction.

  • Explore the history and origins of special education legislation in the U.S.

  • Examine state and federal special education laws and landmark cases related to IEP processes and eligibility.

  • Review the criteria for specialized instruction and related services.

  • Understand and explain the legal obligations of Students with Disabilities Rights and the basis for a Free and Appropriate Public Education (FAPE).

Course Structure

Synchronous Sessions

  • Type: Zoom sessions

  • Schedule: Thursdays at 4:00 p.m.

  • Session Length: Generally from 4:00 p.m. to 6:45 p.m. with some asynchronous components.

Asynchronous Sessions

  • Runs from Thursday until the following Thursday.

  • All assignments must be submitted before the next class unless extraordinary circumstances apply.

  • Expect to dedicate 4-6 hours weekly to readings and activities.

Required and Optional Texts

  • 1. Chapman, R. (2015). The Everyday Guide to Special Education. (3rd ed.)

    • Available through various stores including UMASS Bookstore, Amazon, Kindle, Barnes and Noble.

  • 2. Osborn C.J. & Russo, C.J. (2021). Special Education and the Law: A Guide for Practitioners. (4th ed.)

    • Available range: $23.00 to $29.00 for used copies, $9.95 to $33.00 for new ones.

Class Attendance & Participation

  • Attendance and participation: 25% of the final grade.

  • Engagement is expected, treated as a professional obligation.

  • Absences due to emergencies only (such as illness).

  • Responsible for class notes and material if you miss a session.

  • A makeup case study assignment will be necessary if absent during a case study class.

  • Contact instructor if expecting more than two absences.

Office Hours

  • Available on Thursdays at 3:45 p.m. or earlier.

  • Email for scheduling at christine.panarese@umb.edu, or use alternate email cpanarese@hinghamschools.org.

Course Assignments Overview

Assignment 1: Practitioner Interview Project

  • Interview two special education professionals from different schools.

  • One school must be urban (e.g., Boston, Brockton).

  • 10-12 page double-spaced paper to report findings with citations.

Assignment 2: In-School IEP Meeting Observation

  • Observation of a live IEP meeting required.

  • Individual analysis paper needed, with citations from class and readings.

Assignment 3: Legal Resource Guide

  • Partner project creating a resource guide for families and educators on legal mandates concerning special education.

  • Use collaborative tools (PPT, Google Docs) for sharing work.

Assignment Submission Policies

  • Punctuality is essential; late submissions without credible reason incur penalties (loss of half a letter grade for every 24-hour period late).

  • Extensions granted in emergency circumstances only, and a request must be made promptly.

  • Requests for incompletes must follow UMB policy and made at least two weeks prior to the semester's end.

Canvas and Course Management

  • While accessing course documents on Canvas, feedback on usage difficulties is welcomed to improve course structure.

Special Education Definitions

  • Special Education: Defined as "specially designed instruction, at no cost to the parent, to meet the unique needs of a child with a disability" (IDEA, 34 Code of Federal Regulations 17 [a] [1]).

Specialized Instruction

  • Specially Designed Instruction (SDI): Tailored to the learning needs of students with disabilities, differing from differentiated instruction.

  • SDI Definition (IDEA): "Adapting, as appropriate to the needs of an eligible child under this part, the content, methodology, or delivery of instruction to address the unique needs of the child that result from the child’s disability; and to ensure access of the child to the general curriculum."

Difference Between SDI and Differentiated Instruction

  • SDI involves lessons individualized to student's IEP goals without lowering expectations.

  • Developed by special education teachers; examples include Wilson Reading and Universal Design for Learning (UDL) strategies.

History of Disability Laws in the United States

  • Prior to 1975, no federal obligations existed for states to provide special education services.

  • In the 1950s, laws in approximately 30 states mandated sterilization of individuals with disabilities.

  • Landmark case: Brown v. Board of Education emphasized education as critical for student success, propelling legislative changes.

Sources of Laws Protecting Disability Rights

  • Constitutional Laws: Foundation of legal disparities ensuring fundamental rights.

  • Statutes: Written laws from legislative bodies.

  • Regulations: Clarifications on statutes issued by government agencies.

  • Common Law: Judge-created laws based on case decisions and precedents.

Landmark Cases Affecting Students with Disabilities

  • Brown v. Board of Education: Established that education opportunities must be equal.

  • Pennsylvania Association for Retarded Children v. Pennsylvania: Set precedent for right to a public education for students with disabilities.

  • Mills v. Board of Education of DC: Resulted in the obligation to fund education equitably for students with disabilities.

Major Federal Laws Impacting Special Education

  1. Individuals with Disabilities Act (IDEA): Mandates FAPE and LRE for eligible children.

  2. Section 504 of the Rehabilitation Act of 1973: Prohibits disability discrimination in federally funded programs.

  3. Americans with Disabilities Act (ADA) of 1990: Guarantees better access and prevents discrimination against individuals with disabilities.

  4. Every Student Succeeds Act (ESSA) of 2015: Shifts more control to states and localities while demanding educational equity.

Summary of IDEA and Its Amendments

  • IDEA requires FAPE and LRE for students eligible for special education services.

  • Established clear procedural safeguards for parent participation.

  • Amendments over years have evolved eligibility diagnoses and included procedural updates.

Next Steps

  1. Purchase texts necessary for course work.

  2. Watch the Willowbrook video: The Path Forward.

  3. Complete Chapter 1 readings before the next session.

Additional Resources

  • Video: Office of Civil Rights Introduction (OCR) available on YouTube: OCR Introduction

  • Section 504 Overview regarding anti-discrimination provisions under federal law.