Special Education and the Law: A Guide for Practitioners

by Allan G. Osborne, Charles Russo

Overview

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.

Product Details

ISBN-13:	9781071818961
Publisher:	SAGE Publications
Publication date:	12/27/2020
Sold by:	Barnes & Noble
Format:	eBook
Pages:	280
Sales rank:	483,547
File size:	14 MB
Note:	This product may take a few minutes to download.

About 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 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, 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

Editorial Reviews

"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

The perfect resource for special education staff to refer to case law in a succinct presentation.

Rebecca Brooks

"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

"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. "

Susan M. Dannemiller

"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

"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 suffered for the lack of a foundational textbook. This book fills that gap nicely. "

Dennis Dunklee

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 Gartland

"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

"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

"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. "

Randall L. De Pry

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

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 Schons

"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."

California Bookwatch Education Shelf

"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. De Mitchell

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. Berlin

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 Gartland (6/8/2020 12:00:00 AM)

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 Schons (6/8/2020 12:00:00 AM)

The perfect resource for special education staff to refer to case law in a succinct presentation.

--Rebecca Brooks (6/8/2020 12:00:00 AM)

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. Berlin (6/8/2020 12:00:00 AM)

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 (6/8/2020 12:00:00 AM)

From the Publisher

"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."

Nelda Cambron-McCabe

"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."

Bill Killian

"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."

Karen Bessette

"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!"

Martha McCarthy

"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. "

Nelda Cambron-Mc Cabe

"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! "

Martha Mc Carthy

"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