Allegations of improper discipline are commonly the focus of special education litigation filed against school districts. Because ignorance of the law is no defense, administrators and educators must understand special education law. Yet many educators receive little to no legal training. To address the lack of training and prevent future…

The article provides a concise and up-to-date synthesis of the published case law where a student teacher was the plaintiff, or suing party, and the defendant was an institution of higher education and/or the cooperating local school district. There were 28 of these court decisions, and the outcomes favored the defendant institutions in 23 of them…

This article presents the results of a study that examined what states expect individuals to know about school law to become licensed to teach. A web-based survey was used to determine the extent to which state certification bureaus use their primary policy levers (licensing standards, transcript review, and mandated assessments) to ensure teacher…

The purpose of this article is to inform teachers, administrators, students, and university faculty about the most important legal topics to include in preservice teacher education programs. Surprisingly, only a few studies have attempted to identify the most important topics. This article reviews the relevant literature regarding school law…

To explore the relationship between teachers' knowledge of school law and their involvement in litigation, this study examined cases between 2000 and 2008 involving teachers who faced some adverse employment consequence. A total of 130 published cases were analyzed revealing the following: School districts and other school authorities prevail in…

The knowledge base of education-related law is growing at a rapid pace. The increase in federal and state statutes is rising commensurate with litigation that directs teachers on curricular, professional, and social matters. At the same time, numerous studies provide significant evidence that teachers lack an adequate level of knowledge of…

This article examines how preservice and in-service teachers can be prepared to understand and implement school law. First, we report on research findings about what teachers know, do not know, and want to know about education law and where they get their information. Second, we identify the current norms, practices, and implications of preservice…

This article explores common misbeliefs and misconceptions that many teachers have about the law of education, focusing on those that have the greatest potential to cause harm to schools, students, and teachers themselves. The myths fall into three categories: myths concerning the legal vulnerability of schools and teachers, myths concerning the…

This article entails an in-depth case study of one journey to implement and institutionalize an undergraduate law course for elementary and secondary teacher education majors. To provide a context for this case study, the initial section reviews research pertaining to the need for such instruction, as well as commentary on models that have been…

Schools today function in an environment of complicated rules and regulations. Training preservice teachers in educational law is not only necessary; it is important work. Professors and administrators were surveyed on the methods, materials, and strategies that they employed to teach education law to preservice teachers. The predominant teaching…

Conflicting socioeconomic forces have influenced problem-solving and decision-making methods in special education. Before the 1970s, a medical model was used that emphasized identification of disabilities. The legal model stresses individual needs and shared decision making among educators and their clients. Advantages and disadvantages of each…