Description
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. 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 So 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 8 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. 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
