Essential Concepts and School-Based Cases in Special Education Law

Essential Concepts and School-Based Cases in Special Education Law

By: Charles J. Russo (author), Allan G. Osborne (author)Hardback

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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.

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About Author

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. 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.


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

Product Details

  • publication date: 05/02/2008
  • ISBN13: 9781412927031
  • Format: Hardback
  • Number Of Pages: 368
  • ID: 9781412927031
  • weight: 907
  • ISBN10: 141292703X

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