Essential Concepts and School-Based Cases in Special Education Law

by Charles J. Russo, Allan G. Osborne

Overview

The ideal resource for practicing or aspiring school leaders, this comprehensive book by special education law experts explores the most difficult and contentious areas of the Individuals with Disabilities Education Improvement Act and its accompanying regulations. The authors synthesize concepts from leading special education cases and provide excerpts from selected legal decisions to help educators understand and more easily navigate the most pressing issues in special education law. Readers will find assistance in examining: Entitlement to special education services, Procedural due process, Free Appropriate Public Education (FAPE), Related services, assistive technology, and transition services, Disciplinary sanctions for students with disabilities, Dispute resolution, Antidiscrimination laws. This text serves as a current and concise desk reference for educators, increasing their awareness of the legal requirements related to special education and strengthening their ability to work effectively with families and students.

Product Details

ISBN-13:	9781412927031
Publisher:	SAGE Publications
Publication date:	11/13/2007
Pages:	368
Product dimensions:	7.10(w) x 10.10(h) x 1.10(d)

About the Author

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.

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.

Table of Contents

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

Editorial Reviews

"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 lawsfor graduate courses, and offers an educational chronology for educators. "

Marian White-Hood

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

Laurie Emery

"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

"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

"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 lawsfor graduate courses, and offers an educational chronology for educators."

Marian White Hood