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Essential Concepts and School-Based Cases in Special Education Law

A concise, case-based desk reference about issues that affect special education!

The ideal resource for practicing or aspiring school leaders, this comprehensive text by special education law experts explores the most difficult and contentious areas of IDEA and its accompanying regulations. The authors synthesize concepts from leading cases and provide excerpts from selected legal decisions to help educators understand and more easily navigate the most pressing issues in special education law. Readers will find assistance in examining:

  • Entitlement to special education services
  • Procedural due process 
  • Free Appropriate Public Education (FAPE)
  • Related services, assistive technology, and transition services
  • Disciplinary sanctions for students with disabilities
  • Dispute resolution 
  • Anti-discrimination laws

Full description


Product Details
  • Grade Level: PreK-12
  • ISBN: 9781412927048
  • Published By: Corwin
  • Year: 2007
  • Page Count: 368
  • Publication date: November 28, 2007
Price: $51.95
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Description

Description

"A must-read, must-purchase, must-save reference. Provides relevant cases that can be used as a professional development resource for teachers and the leadership team, presents a clear explanation of laws for graduate courses, and offers an educational chronology for educators."
—Marian White Hood, Principal
Ernest Everett Just Middle School, Mitchellville, MD

"This book is a valuable resource for principals, directors of special education, superintendents, members of boards of directors, professors, and aspiring educators."
—Peter Hilts, Principal
The Classical Academy, Colorado Springs, CO

A concise, case-based desk reference about issues that affect special education!

The ideal resource for practicing or aspiring school leaders, this comprehensive book by special education law experts explores the most difficult and contentious areas of the Individuals with Disabilities Education Improvement Act and its accompanying regulations. The authors synthesize concepts from leading special education cases and provide excerpts from selected legal decisions to help educators understand and more easily navigate the most pressing issues in special education law. Readers will find assistance in examining:

  • Entitlement to special education services
  • Procedural due process
  • Free Appropriate Public Education (FAPE)
  • Related services, assistive technology, and transition services
  • Disciplinary sanctions for students with disabilities
  • Dispute resolution
  • Anti-discrimination laws

This text serves as a current and concise desk reference for educators, increasing their awareness of the legal requirements related to special education and strengthening their ability to work effectively with families and students.

Author(s)

Author(s)

Charles J. Russo photo

Charles J. Russo

Charles J. Russo, JD, EdD, is the Joseph Panzer Chair in Education in the School of Education and Allied Professions and adjunct professor in the School of Law at the University of Dayton. He was the 1998–1999 president of the Education Law Association and 2002 recipient of its McGhehey (Achievement) Award. He has authored or coauthored more than 200 articles in peer-reviewed journals; has authored, coauthored, edited, or coedited 40 books; and has in excess of 800 publications. Russo also speaks extensively on issues in education law in the United States and abroad.

Along with having spoken in 33 states and 25 nations on 6 continents, Russo has taught summer courses in England, Spain, and Thailand; he also has served as a visiting professor at Queensland University of Technology in Brisbane and the University of Newcastle, Australia; the University of Sarajevo, Bosnia and Herzegovina; South East European University, Macedonia; the Potchefstroom Campus of North-West University in Potchefstroom, South Africa; the University of Malaya in Kuala Lumpur, Malaysia; and the University of São Paulo, Brazil. He regularly serves as a visiting professor at the Potchefstroom Campus of North-West University.

Before joining the faculty at the University of Dayton as professor and chair of the Department of Educational Administration in July 1996, Russo taught at the University of Kentucky in Lexington from August 1992 to July 1996 and at Fordham University in his native New York City from September 1989 to July 1992. He taught high school for 8½ years before and after graduation from law school. He received a BA (classical civilization) in 1972, a JD in 1983, and an EdD (educational administration and supervision) in 1989 from St. John’s University in New York City. He also received a master of divinity degree from the Seminary of the Immaculate Conception in Huntington, New York, in 1978, as well as a PhD Honoris Causa from the Potchefstroom Campus of North-West University, South Africa, in May 2004 for his contributions to the field of education law.

Allan G. Osborne, Jr. photo

Allan G. Osborne, Jr.

Biography Allan G. Osborne, Jr. is the retired principal of the Snug Harbor Community School in Quincy, Massachusetts, a nationally recognized Blue Ribbon School of Excellence. During his 34 years in public education, he served as a special education teacher, a director of special education, an assistant principal, and a principal. He has also served as an adjunct professor of special education and education law at several colleges, including Bridgewater State University and American International University.

Osborne earned an EdD in educational leadership from Boston College and an MEd in special education from Fitchburg State College (now Fitchburg State University) in Massachusetts. He received a BA in psychology from the University of Massachusetts.

Osborne has authored or coauthored numerous peer-reviewed journal articles, book chapters, monographs, and textbooks on legal issues in education, along with textbooks on other aspects of education. Although he writes and presents in several areas of educational law, he specializes in legal and policy issues in special education. He is the coauthor, with Charles J. Russo, of five texts published by Corwin, a SAGE company.

A past president of the Education Law Association (ELA), Osborne has been an attendee and presenter at most ELA conferences since 1991. He has also written a chapter now titled "Students With Disabilities" for the Yearbook of Education Law, published by ELA, since 1990. He is on the editorial advisory committee of West’s Education Law Reporter and is coeditor of the "Education Law Into Practice" section of that journal, which is sponsored by ELA. He is also on the editorial boards of several other education journals.

In recognition of his contributions to the field of education law, Osborne was presented with the McGhehey Award by ELA in 2008, the highest award given by the organization. He is also the recipient of the City of Quincy Human Rights Award, the Financial Executives Institute of Massachusetts Principals Award, the Junior Achievement of Massachusetts Principals Award, and several community service awards.

Table of Contents

Table of Contents

Preface

Acknowledgments

About the Authors

1. Introduction: The Law of Special Education

Sources of Law

The Development of Special Education Laws

Legislative Initiatives

Case No. 1: Pennsylvania Association for Retarded Children v. Commonwealth of Pennsylvania

Case No. 2: Mills v. Board of Education of the District of Columbia

References

2. Entitlement to Special Education and Related Services

Entitlement to Services

Students in Religious and Other Private Schools

Homeschooled Students

Case No. 3: Timothy W. v. Rochester, New Hampshire, School District

Case No. 4: Zobrest v. Catalina Foothills School District

References

3. Procedural Due Process

Student Records

Evaluation

Development of Individualized Education Programs

Parental Rights

Change in Placement

Case No. 5: Blackmon v. Springfield R-XII School District

Case No. 6: Stock v. Massachusetts Hospital School

References

4. Free Appropriate Public Education

Definition of Appropriate

Least Restrictive Environment

Placement in Private Facilities

Extended School Year Programs

Case No. 7: Board of Education of the Hendrick Hudson Central School District v. Rowley

Case No. 8: Sacramento City Unified School District, Board of Education v. Rachel H.

References

5. Related Services, Assistive Technology, and Transition Services

Required Related Services

Assistive Technology

Transition Services

Case No. 9: Cedar Rapids Community School District v. Garret F.

Case No. 10: Fick ex rel. Fick v. Sioux Falls School District

References

6. Student Discipline

Judicial History

The 1997 and 2004 IDEA Amendments

Case No. 11: Honig v. Doe

Case No. 12: AW ex rel. Wilson v. Fairfax County School Board

References

7. Dispute Resolution

Mediation

Resolution Sessions

Due Process Hearings

Judicial Review

Statutes of Limitations

Cases Under Other Statutes

Case No. 13: Schaffer ex rel. Schaffer v. Weast

Case No. 14: Winkelman ex rel. Winkelman v. Parma City School District

References

8. Remedies for Failure to Provide a Free Appropriate Public Education

Tuition Reimbursement

Compensatory Educational Services

Attorney Fees and Costs

Damages

Case No. 15: Florence County School District Four v. Carter

Case No. 16: Arlington Central School District Board of Education v. Murphy

References

9. Emerging Issues

Child Find

State Testing Programs

State Responsibility to Ensure Compliance

Responsibility of Insurance Carriers

Disbursement of Federal Funds

Policy Letters

Programs for Infants and Toddlers

Report Cards and Transcripts

Case No. 17: Rene v. Reed

Case No. 18: Gadsby v. Grasmick

References

10. Antidiscrimination Statutes

Eligibility

Discrimination Prohibited

Otherwise Qualified Students With Disabilities

Reasonable Accommodations

Defenses

Case No. 19: Southeastern Community College v. Davis

Case No. 20: School Board of Nassau County, Florida v. Arline

References

Glossary

Index

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