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Essential Concepts and School-Based Cases in Special Education Law
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Essential Concepts and School-Based Cases in Special Education Law

November 2007 | 368 pages | Corwin
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Special education law experts, Charles J. Russo and Allan G. Osborne, explore the most difficult and contentious areas of special education law:

- Entitlement Procedural due process

- Free appropriate public education related services, assistive technology, transition services

- Disciplinary sanctions

- Dispute resolution

- Remedies

- Anti-discrimination laws

The authors offer a case-based approach to analysing these areas, sharing the fundamental special education legal cases, and guiding school leaders and aspiring school leaders on how to better understand and navigate today's most pressing special education legalities.

 
Preface
 
Acknowledgments
 
About the Authors
 
1. Introduction: The Law of Special Education
Sources of Law

 
The Development of Special Education Laws

 
Legislative Initiatives

 
Case No. 1: Pennsylvania Association for Retarded Children v. Commonwealth of Pennsylvania

 
Case No. 2: Mills v. Board of Education of the District of Columbia

 
References

 
 
2. Entitlement to Special Education and Related Services
Entitlement to Services

 
Students in Religious and Other Private Schools

 
Homeschooled Students

 
Case No. 3: Timothy W. v. Rochester, New Hampshire, School District

 
Case No. 4: Zobrest v. Catalina Foothills School District

 
References

 
 
3. Procedural Due Process
Student Records

 
Evaluation

 
Development of Individualized Education Programs

 
Parental Rights

 
Change in Placement

 
Case No. 5: Blackmon v. Springfield R-XII School District

 
Case No. 6: Stock v. Massachusetts Hospital School

 
References

 
 
4. Free Appropriate Public Education
Definition of Appropriate

 
Least Restrictive Environment

 
Placement in Private Facilities

 
Extended School Year Programs

 
Case No. 7: Board of Education of the Hendrick Hudson Central School District v. Rowley

 
Case No. 8: Sacramento City Unified School District, Board of Education v. Rachel H.

 
References

 
 
5. Related Services, Assistive Technology, and Transition Services
Required Related Services

 
Assistive Technology

 
Transition Services

 
Case No. 9: Cedar Rapids Community School District v. Garret F.

 
Case No. 10: Fick ex rel. Fick v. Sioux Falls School District

 
References

 
 
6. Student Discipline
Judicial History

 
The 1997 and 2004 IDEA Amendments

 
Case No. 11: Honig v. Doe

 
Case No. 12: AW ex rel. Wilson v. Fairfax County School Board

 
References

 
 
7. Dispute Resolution
Mediation

 
Resolution Sessions

 
Due Process Hearings

 
Judicial Review

 
Statutes of Limitations

 
Cases Under Other Statutes

 
Case No. 13: Schaffer ex rel. Schaffer v. Weast

 
Case No. 14: Winkelman ex rel. Winkelman v. Parma City School District

 
References

 
 
8. Remedies for Failure to Provide a Free Appropriate Public Education
Tuition Reimbursement

 
Compensatory Educational Services

 
Attorney Fees and Costs

 
Damages

 
Case No. 15: Florence County School District Four v. Carter

 
Case No. 16: Arlington Central School District Board of Education v. Murphy

 
References

 
 
9. Emerging Issues
Child Find

 
State Testing Programs

 
State Responsibility to Ensure Compliance

 
Responsibility of Insurance Carriers

 
Disbursement of Federal Funds

 
Policy Letters

 
Programs for Infants and Toddlers

 
Report Cards and Transcripts

 
Case No. 17: Rene v. Reed

 
Case No. 18: Gadsby v. Grasmick

 
References

 
 
10. Antidiscrimination Statutes
Eligibility

 
Discrimination Prohibited

 
Otherwise Qualified Students With Disabilities

 
Reasonable Accommodations

 
Defenses

 
Case No. 19: Southeastern Community College v. Davis

 
Case No. 20: School Board of Nassau County, Florida v. Arline

 
References

 
 
Glossary
 
Index

"A must-read, must-purchase, must-save reference. This text provides relevant cases that can be used as part of professional development for teachers and the leadership team, presents a clear explanation of laws for graduate courses, and offers an educational chronology for educators."

Marian White Hood, Principal
Ernest Everett Just Middle School, Mitchellville, MD

"This is a reference book I would want on my bookshelf when considering action in a special education situation."

Laurie Emery, Principal
Old Vail Middle School, Vail, AZ

"I’m very impressed with this book as a potential resource for principals, directors of special education, superintendents, members of boards of directors, professors, and aspiring educators. It would be extremely useful for checking the original language of a controlling case on a wide variety of topics."

Peter Hilts, Principal
The Classical Academy, Colorado Springs, CO

"Gathers concepts from leading special education cases and provides excerpts from selected legal decisions to help educators understand special challenges in special education law. The result is an important desk reference needed by any school teaching special education."

The Bookwatch, June 2008
Midwest Book Review

Sample Materials & Chapters

Preface

Chapter 1 excerpt

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,... More About Author

Allan G. Osborne, Jr.

Biography 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... More About Author

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