Scott Johnson – Faculty at Concord Law School

Scott Johnson

Professor of Law

BA, University of North Carolina at Charlotte
JD, Franklin Pierce Law Center

State Bar Membership

New Hampshire

About The Professor

He is also a Hearings Officer with the New Hampshire Department of Education. Professor Johnson was previously in private practice with a focus in administrative law, constitutional law, education law, and health law. While in practice, he was involved in a number of precedent setting cases including Claremont v. Governor, the case establishing that all New Hampshire students have a constitutional right to an adequate education. He frequently appeared before administrative agencies, trial courts, and appellate courts. He is a member of the United States Supreme Court bar.Professor Johnson is the author of a number of articles and books in various areas of law including two casebooks in the education law area. He frequently presents at various professional development and continuing education programs and conferences including the Education Law Institute's Annual Conference.

Article: U.S. Supreme Court Grapples with Meaning of Free and Appropriate Public Education (FAPE) in Special Education

Professor Scott F. Johnson has written an article about special education law and a case before the United States Supreme Court, Endrew F. v. Douglas County Schools, Case No 15-827. The case involves the meaning of FAPE, which is an acronym for a Free and Appropriate Public Education and a very important term in special education. FAPE is the measurement of whether or not the services provided to students with disabilities are sufficient under the Individuals with Disabilities Education Act (IDEA), a federal law governing special education requirements. In 1982, the Supreme Court interpreted the meaning of FAPE in a case called Hendrick Hudson School District v. Rowley and gave FAPE a fairly minimalistic interpretation, requiring that students with disabilities need only receive “some educational benefit” from the services provided to them.

In his article, Professor Johnson notes that changes to the IDEA since 1982 have focused on improving the quality of services for students with disabilities through high expectations and proven methods of instruction. He explains how these changes to the law require an updated interpretation of the meaning of FAPE that will embody the requirements that Congress intended and allow students with disabilities to receive the services that they are entitled to under the law.

View the full article here.

Other Publications:

Education Law: A Problem Based Approach, 2nd Edition, with Sarah E. Redfield, Lexis-Nexis Publishing(2013).

Special Education Law, 5th Edition, with Laura Rothstein, Sage Publications (2013).

Administrative Agencies: A Comparison of New Hampshire and Federal Agencies History, Structure and Rulemaking Requirements, 4 Pierce L. Rev. 435 (2006).

Preventing Physical Restraints in Schools: A Guide for Parents, Educators &
Professionals, Education Law Resource Center (2005).

Focus on Equality Shifts to Adequacy as Brown v. Board Turns 50, Vol. 34 Your School and the Law Issue 34 (2004).

New Hampshire Special Education Law Manual: A Guide for Parents, Educators,

Advocates & Attorneys, NHEdLaw, LLC (2003).

Reexamining Rowley: A New Focus in Special Education Law, Vol 2 BYU Education and Law Journal 561 (2003).

Bragdon v. Abbott: Analysis and Implications for People Living with HIV/AIDS and
Other Disabilities, 40 New Hampshire Bar Journal 1 (1999).

HB 117: The State's Plan to Fund Educational Adequacy is Too Little Too Late, Vol 2. Issue 3 New Hampshire Law Bulletin (June 1999).

Suing Under the Americans With Disabilities Act or Seeking Disability Benefits: A Hobson's Choice for People With Disabilities. Vol. 6, No. 1 Journal of Individual Employment Rights 49 (1997-98).

Opening Up Attorney Disciplinary Proceedings: Here comes the sun. It’s all right? 37 New Hampshire Bar Journal 10 (1996).

Courses:

Administrative Law, Education Law, Health Law, Civil Procedure