Special Education and the 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.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 São 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 8½ 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.

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.

• Online Resources for Special Education and the Law, Fourth EditionForeword - Richard D. LavoieForeword - Suzanne EckesPrefaceAcknowledgementsAbout the AuthorsChapter 1: Special Education Law: An IntroductionKey UpdatesSources of LawCourt SystemsFinding Legal MaterialHistory of the Equal Educational Opportunity MovementLegislative MandatesFrequently Asked QuestionsRecommendationsQuestions for DiscussionChapter 2: Rights to a Free Appropriate Public EducationKey UpdatesFree Appropriate Public EducationLeast Restrictive EnvironmentEntitlement to ServicesChild-FindStudents in Non-Public SchoolsFrequently Asked QuestionsRecommendationsQuestions for DiscussionChapter 3: Related Services, Assistive Technology, and Transition ServicesKey UpdatesRelated ServicesAssistive TechnologyTransition ServicesFrequently Asked QuestionsRecommendationsQuestions for DiscussionChapter 4: Parent and Student RightsKey UpdatesParental RightsStudent Records and PrivacyFrequently Asked QuestionsRecommendationsQuestions for DiscussionChapter 5: Due Process Procedures for Evaluation, Development of IEPs, and PlacementKey UpdatesEvaluation ProceduresDeveloping Individualized Education ProgramsChanges in PlacementsFrequently Asked QuestionsRecommendationsQuestions for DiscussionChapter 6: Student DisciplineKey UpdatesPre-1997 Case LawThe 1997 and 2004 IDEA AmendmentsFrequently Asked QuestionsRecommendationsQuestions for DiscussionChapter 7: Dispute ResolutionKey UpdatesResolution SessionsMediationDue Process HearingsJudicial ReviewStatutes of LimitationsCases Under Other StatutesFrequently Asked QuestionsRecommendationsQuestions for DiscussionChapter 8: Remedies for Failure to Provide a Free Appropriate Public EducationKey UpdatesTuition ReimbursementCompensatory Educational ServicesAttorney Fees and CostsDamagesFrequently Asked QuestionsRecommendationsQuestions for DiscussionChapter 9: Section 504 and the Americans with Disabilities ActKey UpdatesEligibility for Protections Under Section 504 and the ADADiscrimination in Education ProhibitedOtherwise Qualified Students with DisabilitiesProviding Reasonable AccommodationsTesting and EvaluationParticipation in Athletics and Extracurricular ActivitiesSection 504 Service PlansDefenses to Charges of NoncomplianceFrequently Asked QuestionsRecommendationsQuestions for DiscussionChapter 10: Conflict Management: IDEA ComplianceKey UpdatesPreventative LawDispute ResolutionSelecting an AttorneyConclusionQuestions for DiscussionEndnotesGlossaryIndex