The laws that guide special education are part of the larger system of United States law. There are four sources of law in the US, all of which influence how special education is conducted: constitutional law, statutory law, regulatory law, and case law. Constitutional law is derived from the US Constitution and serves as the basis for all other forms of law. Most special education laws are based, at least in part, on the 14th Amendment to the Constitution, which provides for equal protection (and, presumably, education) of Americans. Statutory law refers to state and federal laws such as the Individuals with Disabilities Education Act (IDEA). Regulatory law consists of the specific guidelines provided on how to apply statutory law. For example, regulations for IDEA are issued one to two years after each reauthorization of the law. And case law is the body of court rulings that interprets other types of laws. The Supreme Court, as well as lower courts, has provided a number of rulings relevant to special education that we will learn about in this class.
