Special Education and the Law

A Guide for Practitioners
Fourth Edition
Allan G. Osborne - Snug Harbor Community School (Retired), Quincy, Massachusetts
Charles Russo - University of Dayton, USA
Special Education and the Law
December 2020 | 288 pages | Corwin
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ISBN: 9781071818985
Available from January 0001
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ISBN: 9781071818954
Available from January 0001

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.
 

Contents

Online Resources for Special Education and the Law, Fourth Edition

Online Resources for Special Education and the Law, Fourth Edition

Foreword - Richard D. Lavoie

Foreword - Richard D. Lavoie

Foreword - Suzanne Eckes

Foreword - Suzanne Eckes

Preface

Preface

Acknowledgements

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

Endnotes

Glossary

Glossary

Index

Index

Resources

Osborne 4e Companion Website

resources.corwin.com/spedandthelaw4e

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.
 

Contents

Online Resources for Special Education and the Law, Fourth Edition

Online Resources for Special Education and the Law, Fourth Edition

Foreword - Richard D. Lavoie

Foreword - Richard D. Lavoie

Foreword - Suzanne Eckes

Foreword - Suzanne Eckes

Preface

Preface

Acknowledgements

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

Endnotes

Glossary

Glossary

Index

Index

Resources

Osborne 4e Companion Website

resources.corwin.com/spedandthelaw4e
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Special Education and the Law

A Guide for Practitioners


December 2020 | 288 pages | Corwin

Format Published Date ISBN Price
Paperback 01/01/2025 9781071818954 $41.95
Lifetime 01/01/2025 9781071818985 $38.00

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.
 

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

Recent Product 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 Gartland, 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 Schons, 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 Brooks, 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. Berlin, 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

Recommendations