LibGuides: Children and the Law: Education

General Information

Children who are involved in the legal system often encounter issues with school access and special education services. The resources collected here include general guides to school law and special education, as well as Massachusetts specific material. When beginning your research in a particular area, if you are not familiar with the general legal landscape, you should consult a secondary source, such as the MCLE School Law in Massachusetts treatise.

Books & Treatises

Legal Rights of Children by Donald T. Kramer (Editor)
Call Number: KF479 .L44 2005
ISBN: 0071726675
Publication Date: 1996-08-01
Part VIII of this treatise, The State's Role in Educating Children, contains chapters on procedural, civil, and constitutional rights of school children, educational rights of children with handicaps, and other federal statutory rights.

This is a three volume treatises with annual supplements. Also available on Westlaw; type title in main go bar
Children's Rights Under the Law by Samuel M. Davis
Call Number: KF9479 .D385 2011
ISBN: 0199795487
Publication Date: 2011-04-15
This text contains a number of chapters that touch on children's rights to education and Chapter 7 is devoted to Children and Education.

National Organizations

National Center for State Courts Juvenile Justice and Delinquency Guide
This page collects a great number of online resources having to do with juvenile justice. Included in this list are materials that discuss using school engagement to combat juvenile delinquency.
Center for Children's Law and Policy - Education Page
Juvenile Law Center - Access to Education Resources
Annie E. Casey Foundation - Work, Education and Income
Special Education Advocacy Manual
Manual authored by professors who run the University of the District
of Columbia School of Law Juvenile Law Clinic. Although this manual is from 1998, there is a lot of practical advice for advocates in this area.
WrightsLaw

Massachusetts Organizations

Mass Legal Services - Many helpful resources organized by topic including Education Law, such as:

Education Resources for Children in Foster Care

Children's Law Center - many helpful resources under Publications, such as:

Quick Reference on School Discipline

Massachusetts Practice Materials

School Law in Massachusetts by Rhonda E. Schneider (Editor)
This one volume MCLE treatises provides in-depth analysis of key issues, including Discipline in Public Schools (Chapter 7) and Special Education Law issues (Chapters 11-140). Chapter 12 is devoted to practice before the Bureau of Special Education Appeals.

This treatise is available on Westlaw, Lexis, and MCLE OnlinePass. Westlaw and Lexis require an individual password and MCLE OnlinePass is a BC Law only database.

On Westlaw or Lexis Advance, type the title into the main go bar.

This treatise is also published in a more limited format as Special Education Law in Massachusetts.
Child Welfare Practice in Massachusetts by Amy M. Karp
This multi-volume MCLE title contains practical information on many topics. Chapter 24 deals with Education Issues in State Intervention Cases, including information on strategies for children in foster care and special education. This source includes features like flow charts of cases, sample forms, and checklists. The exhibits numbered 24 are for the chapter dealing with education. This treatise is available on Westlaw, Lexis, and MCLE OnlinePass. Westlaw and Lexis require an individual password and MCLE OnlinePass is a BC Law only database.

On Westlaw or Lexis Advance, type the title into the main go bar.
Massachusetts Juvenile Delinquency and Child Welfare Law Sourcebook by Massachusetts Continuing Legal Education
This annual published sourcebook lists Massachusetts resources in the area of children and the law. Chapter 1 contains state statutes, including Chapter 71 Public Schools, and Chapter 71B Children with Special Needs and Chapter 6 contains select DOE regulations.

This sourcebook is also available on MCLE OnlinePass (BC Law access only).

Massachusetts Statute & Regulation

School Law in Massachusetts discusses applicable federal and state statutes and regulations and has a handy table of Statutes, Rules, and References. You can use this table in the print volume. FIND In MCLE

Massachusetts Juvenile Delinquency & Child Welfare Law Sourcebook & Citator also contains selected statutes (Part 1, including Chapters 71 and &1B dealing with Public Schools and Children with Special Needs, and DOE regulations (Part 6). FIND in MCLE

Agency Material

The Board of Elementary and Secondary Education sets standards and policies for all public elementary and secondary schools in Massachusetts. The Department of Elementary and Secondary Education is the state agency that implements these policies and state and federal education laws.

The DOE website contains links to information about the Massachusetts school systems, including information on state and federal laws and regulations dealing with special education. This site also conatins a link to the Bureau of Special Education Appeals (BSEA) web page. This page contains hearing procedures, links to applicable law, publications, and appeals decisions back to 1998.

BSEA decisions are available on:

Lexis (1993-). On Lexis Advance, the Special Education Reporter includes all written decisions of the BSEA and commentary on BSEA and appellate-level decisions. Type "Massachusetts Special Education Reporter" in the main box and add the source to your search. This is easiest source to search and has coverage farthest back so is the preferred source.
Social Law Library database (2007-)
specialeducationlaw.com: A free search engine for Massachusetts Bureau of Special Education Appeals (BSEA) decisions and rulings.
Mass.gov
- Decisons and Rulings (2012-)
- Decisions and Rulings (1998-2012)

Schools

Sometimes it is necessary to investigate school policies. These can often be found online on the website of the school but if not you can request information from the institution directly.