The Changing Landscape of Special Education Law
Lehigh's Annual Weeklong Symposium Returns to Highlight a Swiftly Evolving and Complex Area

The relaunch of Lehigh University’s annual weeklong symposium on special education law could not have come at a better time. The field’s rapid evolution and wide variations from state to state have parents and educators confused about where things stand now, and where they are likely to be headed.

“For better or worse, this particular area of education, more than any others, such as student searches or school curricula, has become the most highly legalized,” said Perry Zirkel, university professor of law and education and the co-director of the symposium. “It causes the need for people to come back—they need these updates, because it’s so complex and there are so many ways you can end up in litigation in special education.”

Special education consultants and nationally recognized legal counsel to major federal and Supreme Court cases addressed the symposium, titled “Contemporary Questions and Answers” and held in late June on campus. Two simultaneous program tracks were offered—one for those with basic understanding of special education law, and the other designed to provide a more advanced and detailed analysis of policy and case law. Attendees included school psychologists, special education directors and Lehigh graduate students in a number of fields.

“What really frustrates people is that most of the answers in this particular area of the law are ‘It depends,’” Zirkel said. “Almost every question we see is not a flat yes or no. Most of the stuff in this area is a multifactor test: It’s not one factor alone, it’s several different factors. What we showed them was which kinds which kinds of questions to ask. This particular law and the whole concept of special education is individual—what’s good for one child may not necessarily be good for another one.”

A highlight of the gathering included a presentation by the esteemed special education attorney Raymond G. Kuntz, who successfully represented school officials in the case that saw the United States Supreme Court, for the first time, define what constitutes a free appropriate public education under the legislation currently called the Individuals with Disabilities Education Act. In describing how the field has evolved over the last quarter-century, according to Zirkel, Kuntz provided a broad overview in an often-murky area of case law.

“One of his main points was that the human element—who’s the judge and who are the defendants and plaintiffs and how is the picture painted—is often more important than the technicalities of the law,” Zirkel noted.

The program concluded with a talk by Julie Weatherly, who previously practiced law for a boutique Atlanta firm and now provides training across the country in special education law. Her focus on more recent cases and current hot topics helped to fill in the blanks of subjects that the symposium was unable to cover during the busy week.

“It is extremely important that all educators, including those who are studying to be special educators, be made aware of and kept up-to-date on the types of legal issues that arise in special education,” Weatherly said. “It is also important to discuss the kinds of issues that are certainly to arise in the future, so that folks are prepared to handle those issues appropriately.”

After a few years’ hiatus, the symposium is poised to return to its role as a significant source of new information about special education law. Those who attend—indeed, all dealing with this most complex of areas—need to be aware of the need to prepare for a changing landscape, according to Zirkel.

“What they get out of these courses when they go back to their schools is one, put a high priority on knowing and adhering to the law that affects student with disabilities, and two, when you pay careful attention, don’t be looking for simple, flat, blanket answers,” he said.

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