Special Education and the Law: A Guide for Practitioners

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.

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.

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

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.

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.

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

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