โ Scribed by Allan G. Osborne, Jr.; Charles J. Russo
No coin nor oath required. For personal study only.
The ultimate resource for success in special educationโnewly updated!
If youโd wanted to be a lawyer, you would have gone to law school. How could you have predicted youโd need legal knowledge after all? Here is your essential guide. Osborne and Russo, past presidents of the Educational Law Association, are experts in translating legalese into a language educators can understand.
Updated to reflect significant court decisions and new legal developments, this is your road map to meeting todayโs special education requirements. The latest edition features
Extensive coverage of IDEAโs reauthorization, Section 504 and the ADA, and FAPE and LRE
New analysis of parent and student rights
Guidance on discipline
A preventative approach to special education litigation
Focus on federal and state interpretations of the law
Designed for educators, this practical resource allows you to focus on your core competency: providing excellent education for students with special needs.
"Some books are carefully placed on bookshelves and easily forgotten, while others sit on desks with their spines cracked and well worn from use. My copy of Osborneโฒs and Russoโฒs Third Edition of Special Education and the Law will soon be dog eared, highlighted in yellow, its margins scribbled with notes. Read it and you will use it."
โTodd A. DeMitchell, Professor
University of New Hampshire
"Every administrator should have this in their professional library to guide them in making appropriate decisions in scheduling and meeting studentsโ needs."
โDr. Elizabeth Alvarez, Principal
Chicago Public Schools
Foreword
Richard D. Lavoie
Preface
Acknowledgments
About the Authors
Chapter 1. Special Education Law: An Introduction
Sources of Law
History of the Equal Educational Opportunity Movement
Legislative Mandates
Individuals with Disabilities Education Act
Section 504 of the Rehabilitation Act of 1973
Americans with Disabilities Act
No Child Left Behind Act
State Statutes
Frequently Asked Questions
Recommendations
Endnotes
Chapter 2. Rights to a Free Appropriate Public Education
Free Appropriate Public Education
The Rowley Standard
Indicators of Educational Benefit
Failure to Implement an IEP Fully
Failure to Identify a Placement Location in an IEP
Least Restrictive Environment
Entitlement to Services
Eligibility
Extracurricular Activities
Nontraditional Program Schedules and Extended School Year Programs
Private and Residential School Placements
Child Find
Students in Private Schools
Private School Students Defined
Spending Restrictions
Comparable Services
Delivery of Services
Dispute Resolution
Child Find in Private Schools
Frequently Asked Questions
Recommendations
Endnotes
Chapter 3. Related Services, Assistive Technology, and Transition Services
Related Services
Transportation
Counseling, Psychological, and Social Work Services
Physical, Occupational, and Speech Therapy
Recreation and Enrichment Programs
School Nurse Services
Diagnostic and Evaluative Services
Substance Abuse Prevention and Treatment
Habilitation Services
Cochlear Mapping
Physical Plant Alterations
Parent Training and Counseling
Residential Placements and Lodging
Teacher Training
Assistive Technology
Transition Services
Frequently Asked Questions
Recommendations
Endnotes
Chapter 4. Parent and Student Rights
Parental Rights
Parental Notification
Parental Consent
Effect of Procedural Errors
IEP Conferences
IEP Revisions
Noncustodial Parents
Adult Students
Student Records and Privacy
Records Covered
Access Rights
Amending Records
Destruction of Records
Enforcement
Frequently Asked Questions
Recommendations
Endnotes
Chapter 5. Due Process Procedures for Evaluation, Development of IEPs, and Placement
Evaluation Procedures
Developing Individualized Education Programs
Change in Placement
Then-Current Placement
Placement Pending Appeals
Change in Program Location
Graduation Is a Change in Placement
Adjustments to IEPs
Services Not in IEPs
Programs That Are No Longer Appropriate
Altering the Length of a School Year
Annual Reviews and Reevaluations
Frequently Asked Questions
Recommendations
Endnotes
Chapter 6. Student Discipline
Pre-1997 Case Law
Early Decisions
Supreme Court Decision
Post-Honig Litigation
The 1997 and 2004 IDEA Amendments
Authority of School Personnel
Case-by-Case Determination
Suspensions and Placements in Interim Alternative Educational Settings
Expulsions
Manifestation Doctrine
Appeals
Injunctions to Allow School Boards to Exclude Dangerous Students
Rights of Students Not Yet Identified as Having Disabilities
Effect of the IDEA on the Juvenile Court and Law Enforcement Authorities
Frequently Asked Questions
Recommendations
Endnotes
Chapter 7. Dispute Resolution
Mediation
Resolution Sessions
Due Process Hearings
Subject Matter of Hearings
Impartiality of Hearing Officers
Authority of Hearing Officers
Training of Hearing Officers
Burden of Proof
Exhaustion of Administrative Remedies
Rights of Parties to a Hearing
Judicial Review
Pro Se Parents
Standing
Burden of Proof
Judicial Deference
Admission of Additional Evidence
Mootness
Exchange of Information
Res Judicata
Settlement Agreements
Statutes of Limitations
Beginning and Waiving a Limitations Period
Cases Under Other Statutes
Frequently Asked Questions
Recommendations
Endnotes
Chapter 8. Remedies for Failure to Provide a Free Appropriate Public Education
Tuition Reimbursement
Supreme Court Cases
Reimbursement Ordered Under Burlington, Carter, and Forest Grove
Reimbursement for Related Services
The Hearing Officer May Grant Reimbursement Awards
Compensatory Educational Services
Compensatory Services Granted
Compensatory Services Denied
Attorney Fees and Costs
When Parents Prevail
When Parents Do Not Prevail
Catalyst Theory
Fees for Administrative Hearings
Settlement Offers
Fees to Attorneys From Public Agencies
Fees to Lay Advocates and Pro Se Parents
Costs of Expert Witnesses and Consultants
Fees for Representation in Complaint Resolution Procedures
Fees for Representation at IEP Meetings
Awards to School Boards
Damages
Failure to Provide an Appropriate Education
Section 1983
Torts
Frequently Asked Questions
Recommendations
Endnotes
Chapter 9. Section 504 and the Americans with Disabilities Act
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
Endnotes
Chapter 10. Conflict Management: IDEA Compliance
Preventative Law
Working With Parents
Dispute Resolution
Mediation
Resolution Conference
Preparing for Hearings
Selecting an Attorney
Conclusion
Endnotes
Resource A. Glossary
Resource B. Department of Special Education Websites, by State
Resource C. Useful Special Education Websites
Resource D. Useful Education Law Websites
Index
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