Special Education and the Law: A Guide for Practitioners / Edition 2

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Overview

This revised 2007 edition provides current information on Section 504, Free Appropriate Public Education (FAPE), Least Restrictive Environment (LRE), and the reauthorization of IDEA 2004.

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Editorial Reviews

Randall L. De Pry
"The book provides comprehensive coverage of federal mandates, statutes, regulations, and special education case law. I believe it will make a strong text for a Special Education Director program, special education law classes, and as a desk reference for practitioners. "
Susan M. Dannemiller
"This book should be required reading for anyone in education–regular and special education alike. It is very readable and, overall, is an excellent introduction to what special education really means on a day-to-day operational basis. "
California Bookwatch Education Shelf
"Anyone operating in special education cannot be without this guide. Detailed, in-depth reviews of the 2004 IDEA regulations, along with surveys of related issues, from statues of limitation and cases under other statutes to educational services, attorney's fees, claims processes, and more. "
Dennis Dunklee
"This is a badly needed book both for reference purposes as well as preservice and inservice practice. The book is well researched and well written and will quickly enhance the knowledge base regarding special education case law for the reader. It is a valuable resource for special education teachers and administrators as well as school district officials. In addition, attorneys will find the book to be an excellent aide in their practice. Finally, coursework in special education law, as offered in many university programs, has consistently sufferedfor the lack of a foundational textbook. This book fills that gap nicely. "
Bill Killian

"The material is useful to anyone needing a quick review of previous case law and regulations. It also addresses the history and legal processes involved in the IDEA and the delivery of instruction based on IDEA regulations. All of this is done in a concise format. "

Karen Bessette

"The major strength of this book lies in the fact that it provides information about legal issues in a way that appeals to educators. The authors do a good job of avoiding 'legal jargon' and instead rely on 'educational jargon,' which is, of course, more appropriate for the intended audience. "

Nelda Cambron-McCabe
"One of the most complex arenas to navigate in schools is special education with its extensive laws, regulations and legal decisions. Osborne and Russo have written a comprehensive, well-documented, easy to understand book that will be invaluable for both educators and parents as they work to ensure that the needs of children with disabilities are met. "
Martha McCarthy
"Special Education and the Law includes the most current legal requirements as well as background information that makes the statutes, regulations, and court decisions more meaningful. Osborne and Russo have done an outstanding job of comprehensively covering this topic in a very readable manner. I consider this book a 'must read' for educators! "
Nelda Cambron-Mc Cabe
"One of the most complex arenas to navigate in schools is special education with its extensive laws, regulations and legal decisions. Osborne and Russo have written a comprehensive, well-documented, easy to understand book that will be invaluable for both educators and parents as they work to ensure that the needs of children with disabilities are met. "
Martha Mc Carthy
"Special Education and the Law includes the most current legal requirements as well as background information that makes the statutes, regulations, and court decisions more meaningful. Osborne and Russo have done an outstanding job of comprehensively covering this topic in a very readable manner. I consider this book a 'must read' for educators! "
Dr. Karen L. Tichy
"The authors write dense legal material in a manner that enables the education practitioner to readily understand the applicable principles and procedures. "
Dr. Elizabeth Alvarez
"Every administrator should have this manuscript in their professional library to guide them in making appropriate decisions in scheduling and meeting students’ needs. "
Richard Fossey
"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. "
Todd A. De Mitchell
"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. "
Suzanne E. Eckes
"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. "
Kevin Brady
"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. "
Todd A. DeMitchell
"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."
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Product Details

  • ISBN-13: 9781412926225
  • Publisher: SAGE Publications
  • Publication date: 4/11/2006
  • Edition description: Second Edition
  • Edition number: 2
  • Pages: 304
  • Product dimensions: 7.20 (w) x 10.30 (h) x 0.79 (d)

Meet the Author

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 Ed D 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 Mc Ghehey 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, JD, Ed D, 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 Mc Ghehey (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 Ed D (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 Ph D Honoris Causa from the Potchefstroom Campus of North-West University, South Africa, in May 2004 for his contributions to the field of education law.

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Table of Contents

Preface
Acknowledgments
About the Authors
1. Special Education Law: An Introduction
Sources of Law
History of the Equal Educational Opportunity Movement
Legislative Mandates
Recommendations
References
2. Rights to a Free Appropriate Public Education
Introduction
Free Appropriate Public Education
Least Restrictive Environment
Entitlement to Services
Child Find
Students in Private Schools
Recommendations
References
3. Related Services, Assistive Technology, and Transition Services
Introduction
Related Services
Assistive Technology
Transition Services
Recommendations
References
4. Due Process Procedures for Evaluation, Development of IEPs, and Placement
Introduction
Evaluation Procedures
Development of Individualized Education Programs
Parental Rights
Change in Placement
Recommendations
References
5. Student Discipline
Introduction
Case Law Before 1997
The 1997 and 2004 IDEA Amendments
Authority of School Personnel
Recommendations
References
6. Dispute Resolution
Introduction
Mediation
Resolution Sessions
Due Process Hearings
Judicial Review
Statues of Limitation
Cases Under Other Statutes
Recommendations
References
7. Remedies for Failure to Provide a Free Appropriate Public Education
Introduction
Tuition Reimbursement
Contemporary Educational Services
Attorney's Fees and Costs
Damages
Recommendations
References
8. Conflict Management: IDEA Compliance
Introduction
Preventive Law
Dispute Resolution
Conclusion
References
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

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Sort by: Showing 1 Customer Reviews
  • Anonymous

    Posted June 29, 2006

    Excellent resource!

    I am thoroughly enjoying this book. I am somewhat new to the field of special education and this book gives practical knowledge of the scope and practice of special ed. Well written, it is a great resource book!

    Was this review helpful? Yes  No   Report this review
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