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Updated Edition of Bestseller

Special Education and the Law

A Guide for Practitioners
Fourth Edition
By: Allan G. Osborne, Jr., Charles J. Russo

Forewords by Richard D. Lavoie and Suzanne Eckes

With its user-friendly format, this resource will help educators understand the law so they can focus on providing exemplary education to students.


Full description

Product Details
  • Grade Level: PreK-12
  • ISBN: 9781071818954
  • Published By: Corwin
  • Year: 2021
  • Page Count: 288
  • Publication date: January 07, 2021

Price: $40.95

Description

Description

The essential resource for success in special education

Educators face major challenges when addressing the needs of students with disabilities. This includes understanding a complex legal field: special education law. Special Education and the Law, Fourth Edition: A Guide for Practitioners is the ultimate for busy educators. Osborne and Russo, past presidents of the Educational Law Association, are experts in translating legalese into language that educators can understand. They have created a resource that examines legislation and interprets the statutes and their regulations in a reader-friendly format. Major topics include rights of access to public education, procedural due process, placement requirements, delivery of related services, discipline of students with disabilities, and remedies for failure to adhere to the law. With a preventative approach to litigation that separates it from other publications, this book features:

  • Updates on legal developments from the almost-1000 federal and state cases decided since publication of the third edition in 2014
  • Coverage of IDEA, ADA, FAPE, 504, discipline, IEPs, LRE, parental considerations, public vs. private school considerations, and attorney fees
  • A focus on federal and state interpretations

With its user-friendly format, this resource will help educators focus on their core competency: providing exemplary education to students with special needs.

Key features

  • Authored by the Past-Presidents of the Education Law Association
  • Osborne is not only a former elementary principal, but also one of the country's leading experts in special education law
  • Covers IDEA, ADA, FAPE, 504, discipline, due process, IEPs, LRE, parental considerations, public vs. private school considerations, and even attorney fees - all buzz words in special education
  • Takes a preventive approach to special education litigation, separating it from the competition
  • Focuses on federal and state interpretations of the law, another unique feature that distinguishes it from competition
Author(s)

Author(s)

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.

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.

Table of Contents

Table of Contents

Online Resources for Special Education and the Law, Fourth Edition


Foreword - Richard D. Lavoie


Foreword - Suzanne Eckes


Preface


Acknowledgements


About the Authors


Chapter 1: Special Education Law: An Introduction

Key Updates

Sources of Law

Court Systems

Finding Legal Material

History of the Equal Educational Opportunity Movement

Legislative Mandates

Frequently Asked Questions

Recommendations

Questions for Discussion

Chapter 2: Rights to a Free Appropriate Public Education

Key Updates

Free Appropriate Public Education

Least Restrictive Environment

Entitlement to Services

Child-Find

Students in Non-Public Schools

Frequently Asked Questions

Recommendations

Questions for Discussion

Chapter 3: Related Services, Assistive Technology, and Transition Services

Key Updates

Related Services

Assistive Technology

Transition Services

Frequently Asked Questions

Recommendations

Questions for Discussion

Chapter 4: Parent and Student Rights

Key Updates

Parental Rights

Student Records and Privacy

Frequently Asked Questions

Recommendations

Questions for Discussion

Chapter 5: Due Process Procedures for Evaluation, Development of IEPs, and Placement

Key Updates

Evaluation Procedures

Developing Individualized Education Programs

Changes in Placements

Frequently Asked Questions

Recommendations

Questions for Discussion

Chapter 6: Student Discipline

Key Updates

Pre-1997 Case Law

The 1997 and 2004 IDEA Amendments

Frequently Asked Questions

Recommendations

Questions for Discussion

Chapter 7: Dispute Resolution

Key Updates

Resolution Sessions

Mediation

Due Process Hearings

Judicial Review

Statutes of Limitations

Cases Under Other Statutes

Frequently Asked Questions

Recommendations

Questions for Discussion

Chapter 8: Remedies for Failure to Provide a Free Appropriate Public Education

Key Updates

Tuition Reimbursement

Compensatory Educational Services

Attorney Fees and Costs

Damages

Frequently Asked Questions

Recommendations

Questions for Discussion

Chapter 9: Section 504 and the Americans with Disabilities Act

Key Updates

Eligibility for Protections Under Section 504 and the ADA

Discrimination in Education Prohibited

Otherwise Qualified Students with Disabilities

Providing Reasonable Accommodations

Testing and Evaluation

Participation in Athletics and Extracurricular Activities

Section 504 Service Plans

Defenses to Charges of Noncompliance

Frequently Asked Questions

Recommendations

Questions for Discussion

Chapter 10: Conflict Management: IDEA Compliance

Key Updates

Preventative Law

Dispute Resolution

Selecting an Attorney

Conclusion

Questions for Discussion

Endnotes


Glossary


Index


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Reviews

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