Special Education and the Law: A Guide for Practitioners

Author:   Allan G. Osborne ,  Charles Russo
Publisher:   SAGE Publications Inc
Edition:   4th Revised edition
ISBN:  

9781071818954


Pages:   288
Publication Date:   12 April 2021
Format:   Paperback
Availability:   In Print   Availability explained
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Special Education and the Law: A Guide for Practitioners


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Overview

The essential resource for success in special education Educators face major challenges when addressing the needs of students with disabilities. This includes understanding special education law. The authors, past presidents of the Educational Law Association and experts in translating legalese, have created a resource that examines legislation and interprets the statutes and their regulations in a reader-friendly format. With a preventative approach to litigation, this book features * Developments from the almost-1000 cases decided since 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

Full Product Details

Author:   Allan G. Osborne ,  Charles Russo
Publisher:   SAGE Publications Inc
Imprint:   SAGE Publications Inc
Edition:   4th Revised edition
Weight:   0.800kg
ISBN:  

9781071818954


ISBN 10:   1071818953
Pages:   288
Publication Date:   12 April 2021
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   In Print   Availability explained
This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us.

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

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


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


Author Information

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 Sao 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 81/2 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.

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