Hands-on, Practical Guidance for Educators
From math,
literacy, equity, multilingual learners, and SEL, to assessment, school counseling,
and education leadership, our books are research-based and authored by experts
on topics most relevant to what educators are facing today.
Special Education and the Law
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.
- Grade Level: PreK-12
- ISBN: 9781071818954
- Published By: Corwin
- Year: 2021
- Page Count: 288
- Publication date: January 07, 2021
Price: $40.95
For Instructors
When you select 'request review copy', you will be redirected to Sage Publishing (our parent site) to process your request.
Description
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)
Allan G. Osborne, Jr.
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
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
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
Reviews
Osborne and Russo provide a relevant, useful guide for practitioners working with students with disabilities and their families. The book is “busy-teacher” friendly, providing comprehensive information in an easy-to-read format.
Debi GartlandOsborne and Russo provide a relevant, useful guide for practitioners working with students with disabilities and their families. The book is “busy-teacher” friendly, providing comprehensive information in an easy-to-read format.
Professor of Special Education, Towson University
A well written resource for anyone involved in the Special Education process. This resource is one that should be referred to often when working with parents, schools, advocates, and courts.
Erin SchonsA well written resource for anyone involved in the Special Education process. This resource is one that should be referred to often when working with parents, schools, advocates, and courts.
Assistant Education Director, Children’s Home Society of South Dakota
The perfect resource for special education staff to refer to case law in a succinct presentation.
Rebecca BrooksThe perfect resource for special education staff to refer to case law in a succinct presentation.
Assistant Professor, Cal State Univ, San Marcos
It is vitally important that teachers and building level administrators be versed in education law since it is often their actions that create litigation and consequent case law. This is particularly true in special education where statutory and procedural mandates are changing and complex. Drs. Osborne and Russo's 4th edition of Special Education and the Law presents a straight forward and easy to understand reference as well as an enjoyable read of essential knowledge and legal background for practitioners that should be required reading in all schools of education and administration.
Lois F. BerlinIt is vitally important that teachers and building level administrators be versed in education law since it is often their actions that create litigation and consequent case law. This is particularly true in special education where statutory and procedural mandates are changing and complex. Drs. Osborne and Russo's 4th edition of Special Education and the Law presents a straight forward and easy to understand reference as well as an enjoyable read of essential knowledge and legal background for practitioners that should be required reading in all schools of education and administration.
Retired Superintendent, Falls Church City and Alexandria City, VA
Special education law is among the most complex legal fields because it requires precise educational plans for each individual child, collaborative interaction between school officials and parents, and involves extensive statutory, regulatory, and judicial mandates. Nonetheless, Allan Osborne and Charlie Russo make the complex simple while ensuring that the reader understands the subtleties of the law. The fourth edition, which includes updates on two landmark Supreme Court cases, should be an essential part of any school official’s library.William E. Thro
General Counsel of the University of Kentucky and award winning education law scholar
For Instructors
When you select 'request review copy', you will be redirected to Sage Publishing (our parent site) to process your request.
Related Resources
- Access to companion resources is available with the purchase of this book.
- Chapter 10: Conflict Management [Book Excerpt]