1. Introduction
Introduction to this Special Education Law & Legislation Guide
When starting legal research, there are several questions to be considered. Is your issue state or federal? Is the matter civil or criminal? The answers to these questions will impact where you look for your information.
Another major question is whether the matter is one of primary authority or secondary authority. Primary Authority is what attorneys cite in legal documents, usually cases, statutes, or regulations. Secondary authority explains and cites to primary authority, usually journal articles, legal books or treatises, legal encyclopedias, etc.
Review the following presentation to familiarize yourself with Primary and Secondary legal sources, how to read a legal cite, and the Federal and State court system.
Would you like to know more? Review the following chapter "How to Read a Legal Opinion".
2. Finding Legal Cases
Legal Citation
Locating legal cases and other resources is much easier when you have a proper citation. Review the resource linked below "Introduction to Basic Legal Citation". The examples section of the resource linked below provides helpful examples of all types of legal citation.
The Lexis-Nexis Academic database is a good resource to use to locate State and Federal cases
Lexis-Nexis Academic is a licensed library resource, That means it is not a free resource to the general public, but you have access because you are a Wayne State student, and the library provides you with access.
Browse the Finding Lexis-Nexis Academic PowerPoint presentation for a quick introduction to locating and searching Lexis-Nexis Academic.
The link directly below will take you directly to the Lexis-Nexis Academic database.
- Nexis Uni This link opens in a new windowThis link will take you directly to the Lexis-Nexis Academic database.
Want to learn more? Watch the video below for an overview of how to search Lexis-Nexis Academic.
Finding Case Law Using Google Scholar
You can use Google Scholar to locate state and federal case law. Watch the video below to learn how to navigate Google Scholar.
Locating U.S. Supreme Court Cases
You can use Lexis-Nexis Academic to locate U.S. Supreme Court cases. Select the Search by Subject or Topic box, then select Landmark Cases.
You can also use Google Scholar. Watch the Google Scholar video for a demonstration.
Or try the Cornell University Law Supreme Court Collection linked below.
- Cornell University Law School Supreme Court CollectionView briefs, current cases, and see lists of decisions by subject, including Education.
Additional resources for finding legal cases are below.
- Michigan CourtsSearch for Opinions and Orders by party, docket, keyword, panel member or case type.
- WSU: Michigan Legal ResourcesSelected sources of Michigan legal information, from Wayne State University's Neef Law Library.
- FindLaw Education LawLinks to Education Law articles, which focus on the unique and challenging aspects of school-based laws. Also check the Cases & Codes to link to cases, codes, case and opinion summaries.
- JustiaA free internet resource to find case law, district legal opinions and more.
3. Finding Legislation
State of Michigan Legislation
- Michigan Legislature WebsiteYou can search for current legislative bills, or MCL (Michigan Compiled Laws) by section or content.
Other States and Federal Legislation
- National Council of State Legislatures (Education)NCSL is a bipartisan organization that serves the legislators and staffs of the nation's 50 states. Resources on Education include articles, briefs, bill summaries and news releases.
- Congress.govCongress.gov is the official source for legislative information. Find bills, legislation in congress, the Congressional Record and other government resources.
- FDsys This link opens in a new windowFDSYS: Federal Digital System: America's authentic government information, this free U.S federal government resource is produced by the U.S. Government Printing Office. FDSYS is a portal for federal government publications and documents from the U.S. congress and executive agencies. The documents are organized as collections which are searchable alone or as a combined search.
Professional Resources
Find out more: Reference Resources
Encyclopedia of Education Law by Call Number: ebookISBN: 9781412940795Publication Date: 2008The entries cover a number of essential topics, including key cases in education law, Constitutional issues, key concepts, theories, and legal principles , key statutes, treaties, curricular issues, educational equity, governance, rights of students and teachers. In addition to these broad categories, anchor essays by leading experts in education law provide more detailed examination of selected topics. The Encyclopedia also includes selections from key legal documents such as the Constitution and federal statutes that serve as the primary sources for research on education law. At the same time, since education law is a component in a much larger legal system, the Encyclopedia includes entries on the historical development of the law that impact on its subject matter.
Special Education Law/Legal Resources
- Office of Administrative Law (Michigan Dept. of Ed)MDE ADLAW (Michigan Dept of Ed Administrative Law Decisions) is a searchable collection of the full text of selected formal decisions rendered by the State Tenure Comm (STC), the State Board of Ed (SBE), the State Superintendent of Public Instruction (SPI) or the administrative law judges. The latter category includes Preliminary Decisions and Orders of Administrative Law Judges (PDO) in teacher tenure cases and Final Administrative Decisions in Child and Adult Food Care Program Appeals.
- NSBA Legal Clips: Special Education and DisabilitiesA service of the National School Boards Association’s Office of General Counsel and the NSBA Council of School Attorneys (COSA), Legal Clips provides weekly updates on important and interesting school law issues, as well as helpful resources.
Select Special Education and Disabilities from the Categories drop-down menu on the right - Rights of the DisabledAlthough this guide is hosted by a private law firm, it provides excellent links to government legislation, government initiatives, advocacy groups and state organizations, relating to disability and the rights of the disabled.
- Special Ed ConnectionAccess to resources is by subscription only, but you can sign up for free Special Ed e-News (use the Request Free eNews link at the top of the webpage), which delivers concise summaries of significant case decisions, evolving policy guidance and regulatory changes right to your e-mail inbox every week.
- Wright's LawInformation about special education law, education law, and advocacy for children with disabilities.
Law Reviews, Legal Newspapers and Journals (Secondary Authority)
- HeinOnline This link opens in a new windowHeinOnline provides online access to legal journals, rare and out-of-print collections, and all back issues of indexed legal journals. This page provides access to all HeinOnline libraries subscribed to by WSU. It also provides a tool to search across the various resources.