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Special Education and the Law
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Special Education and the Law
A Guide for Practitioners

Fourth Edition


320 pages | Corwin
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.
 
 
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

 
Conclusion

 
Questions for Discussion

 
 
Endnotes
 
Glossary
 
Index

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

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

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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

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