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Special Education and the Law
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Updated Edition of Bestseller

Special Education and the Law
A Guide for Practitioners

Third Edition

Foreword by Richard D. Lavoie



© 2014 | 368 pages | Corwin

The ultimate resource for success in special education—newly updated!

If you’d wanted to be a lawyer, you would have gone to law school. How could you have predicted you’d need legal knowledge after all? Here is your essential guide. Osborne and Russo, past presidents of the Educational Law Association, are experts in translating legalese into a language educators can understand.

Updated to reflect significant court decisions and new legal developments, this is your road map to meeting today’s special education requirements. The latest edition features

  • Extensive coverage of IDEA’s reauthorization, Section 504 and the ADA, and FAPE and LRE
  • New analysis of parent and student rights
  • Guidance on discipline
  • A preventative approach to special education litigation
  • Focus on federal and state interpretations of the law

Designed for educators, this practical resource allows you to focus on your core competency: providing excellent education for students with special needs.



“Some books are carefully placed on bookshelves and easily forgotten, while others sit on desks with their spines cracked and well worn from use. My copy of Osborne's and Russo's Third Edition of Special Education and the Law will soon be dog eared, highlighted in yellow, its margins scribbled with notes. Read it and you will use it.”
—Todd A. DeMitchell, Professor
University of New Hampshire

“Every administrator should have this in their professional library to guide them in making appropriate decisions in scheduling and meeting students’ needs.”
—Dr. Elizabeth Alvarez, Principal
Chicago Public Schools

 
Foreword by Richard D. Lavoie
 
Preface
 
Acknowledgments
 
About the Authors
 
Chapter 1. Special Education Law: An Introduction
Sources of Law  
History of the Equal Educational Opportunity Movement  
Legislative Mandates  
Frequently Asked Questions  
Recommendations  
Endnotes  
 
Chapter 2. Rights to a Free Appropriate Public Education
Free Appropriate Public Education  
Least Restrictive Environment  
Entitlement to Services  
Child Find  
Students in Private Schools  
Frequently Asked Questions  
Recommendations  
Endnotes  
 
Chapter 3. Related Services, Assistive Technology, and Transition Services
Related Services  
Assistive Technology  
Transition Services  
Frequently Asked Questions  
Recommendations  
Endnotes  
 
Chapter 4. Parent and Student Rights
Parental Rights  
Student Records and Privacy  
Frequently Asked Questions  
Recommendations  
Endnotes  
 
Chapter 5. Due Process Procedures for Evaluation, Development of IEPs, and Placement
Evaluation Procedures  
Developing Individualized Education Programs  
Change in Placement  
Frequently Asked Questions  
Recommendations  
Endnotes  
 
Chapter 6. Student Discipline
Pre-1997 Case Law  
The 1997 and 2004 IDEA Amendments  
Frequently Asked Questions  
Recommendations  
Endnotes  
 
Chapter 7. Dispute Resolution
Mediation  
Resolution Sessions  
Due Process Hearings  
Judicial Review  
Statutes of Limitations  
Cases Under Other Statutes  
Frequently Asked Questions  
Recommendations  
Endnotes  
 
Chapter 8. Remedies for Failure to Provide a Free Appropriate Public Education
Tuition Reimbursement  
Compensatory Educational Services  
Attorney Fees and Costs  
Damages  
Frequently Asked Questions  
Recommendations  
Endnotes  
 
Chapter 9. Section 504 and the Americans with Disabilities Act
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  
Endnotes  
 
Chapter 10. Conflict Management: IDEA Compliance
Preventative Law  
Dispute Resolution  
Conclusion  
Endnotes  
 
Resource A. Glossary
 
Resource B. Department of Special Education Websites, by State
 
Resource C. Useful Special Education Websites
 
Resource D. Useful Education Law Websites
 
Index

"The authors write dense legal material in a manner that enables the education practitioner to readily understand the applicable principles and procedures."

Dr. Karen L. Tichy, Associate Superintendent for Instruction and Special Education
Archdiocese of St. Louis

"Every administrator should have this manuscript in their professional library to guide them in making appropriate decisions in scheduling and meeting students’ needs."

Dr. Elizabeth Alvarez, Principal
Chicago Public Schools

"Osborne and Russo have produced an ideal guide for educators working in the field of special education. The authors not only describe the legal rights of special education students, they also explain the legal constraints on disciplining students who are subject to the IDEA and the dispute resolution process for resolving disagreements about what services must be provided under special education law. All teachers and administrators working in the field of special education should have a copy of Osborne and Russo’s book on their bookshelves."

Richard Fossey, Paul Burdin Endowed Professor of Education
University of Louisiana at Lafayette

"Some books are carefully placed on bookshelves and easily forgotten, while others sit on desks with their spines cracked and well worn from use. My copy of Osborne's and Russo's Third Edition of Special Education and the Law will soon be dog eared, highlighted in yellow, its margins scribbled with notes because it will be used. I teach school law and special education law and regularly work with colleagues in the schools. The Osborne & Russo third edition will be my go-to book for teaching and assisting with problems of practice in special education. Read it and you will use it."

Todd A. DeMitchell, Professor of Education Law & Justice Studies
University of New Hampshire

"Similar to past editions, these two well-regarded authors take extremely complex legal issues and explain them in a way that is easy to understand. The book examines several recent and important cases and covers the new guidance from the U.S. Department of Education on students with disabilities and athletics. The new chapter on Section 504 and the ADA is especially helpful. This book is indispensable for anyone working in the field. It will help parents, educators, academics, and policymakers gain a better understanding of the many legal requirements of special education law."

Suzanne E. Eckes, Associate Professor
Indiana University

"The newest edition of Osborne and Russo’s Special Education and the Law provides indispensable information for those interested in understanding the legal complexities related to the provision of educational services to students with special needs and disabilities. One of the book’s primary contributions is its ability to increase the special education legal literacy of today’s educational practitioners, including school administrators, through engaging and readable legal case summaries on far-ranging special education legal compliance topics."

Kevin Brady, Associate Professor
Department of Leadership, Policy and Adult and Higher Education ,

Good comprehensive and current information for special education law course.

Dr Patricia Huskin
Teacher & Bilingual Education, Texas A & M Univ-Kingsville
November 30, 2014
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

  • Inclusion of new case law: Since the revised Second Edition of Special Education and the Law: AGuide for Practitioners was published in 2007, federal and state courts have decided over 900 cases in disputes involving special education. While the majority of these judgments are consistent with prior case law, many deal with new issues or matters specific to the 2004 IDEA amendments. The third edition will add discussions based on the cases that break new ground. Further, we will update our discussions of what have been treated as settled issues to include specific citations to more recent, and arguably more relevant, case law.
  • A new chapter on Section 504 and the ADA: In light of increased litigation filed under Section 504 and the ADA, coupled with the recent guidance issued by the U.S. Department of Education regarding school board obligations to athletes with disabilities under these laws, we will add a new chapter on the obligation of school boards to provide reasonable accommodations to students with disabilities who may not qualify for services under the IDEA but are covered by these antidiscrimination statutes. This chapter will include a section devoted to sports and other extracurricular activities. Moreover, the chapter will address such cases as D.L. v. Baltimore City Board of School Commissioners and Baltimore City Public Schools (2013) wherein the Fourth Circuit found that Section 504 of the Rehabilitation Act does not require local boards to provide services to students whose parents have enrolled them in non-public schools.
  • Include a one-sentence quotation from a judicial opinion right under each chapter title: Quotations selected will exemplify the chapter content and help to set the tone for the chapter. In addition, they will give readers a sample of actual judicial language.
  • Add a text box at the beginning of each chapter outlining the key concepts of the chapter: We have done this in our other books and it has received favorable comments from reviewers.
  • Change citations from APA style to numbered endnotes placed at the end of each chapter: We did this in our last book, based on comments from reviewers, and have been told that it makes the text easier to read. Using APA style citations tends to interrupt the flow of the text.
  • Revise the "Frequently Asked Questions (FAQs)" section of each chapter: The answers to many of these questions need to be revised based on recent litigation. Also, since new issues have emerged, we are likely to develop additional questions and answers.
  • Revise the "Recommendations" section of each chapter: This section also needs to be revised for the same reason as the FAQ material.

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ISBN: 9781483303147
$41.95

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