Legal Issues in Special Education

Kevin P. Brady, Ph.D. is Associate Professor and Program Director, University Council of Educational Administration (UCEA) Program Center for the Study of Leadership and the Law at the University of Arkansas, USA.Charles J. Russo, J.D., Ed.D. is Joseph Panzer Chair in Education, Director of the Ph.D. Program, and Research Professor of Law at the University of Dayton, USA.Cynthia A. Dieterich, Ph.D. is Professor of Special Education at Baldwin Wallace University, USA.Allan G. Osborne, Jr., Ed.D. is the former principal of the Snug Harbor Community School in Quincy, Massachusetts, and former visiting Associate Professor at Bridgewater State College, USA.Nicole D. Snyder, J.D. is a shareholder at Latsha Davis & McKenna, P.C. and represents numerous schools in special education law, education law, and charter school law matters.

"Most textbooks used in American law schools rely on the case-based learning method, in which actual judicial opinions or parts of judicial opinions are the primary method of teaching the law. Unfortunately, this method has been viewed as a less useful form of instruction for nonlawyers. In Legal Issues in Special Education, however, the authors combine direct instruction of important special education legal principles with illustrative cases. The result is a very successful and much appreciated addition to the literature on teaching special education law to teachers and administrators."Mitchell L. Yell, Ph.D., Fred and Francis Lester Palmetto Chair in Teacher Education at the University of South Carolina."This book fills an important need in the professional learning of all educators. As a former superintendent of schools, I wish this resource had been available for our faculty and leadership team. As the current director of an Ed.D. Program, I see the need for practicing school and district leaders to deepen their knowledge in special education law. Courses in school law cannot devote sufficient attention to special education. This resource will help fill a critical gap for novice and experienced educators."David G. Title, Ed.D., Assistant Clinical Professor, Director, Ed.D. Educational Leadership, Farrington College of Education, Sacred Heart University and former superintendent for Fairfield Public Schools and Bloomfield Public Schools in Connecticut. "Legal Issues in Special Education is essential reading for school administrators, policymakers, teachers, and parents alike. This book carefully provides a framework for improving special education legal literacy. In addition, it explores contemporary special education law topics using clear, practical, and focused legal analysis. Legal Issues will be a resource for us all in the years to come."Natasha M. Strassfeld, J.D., Ph.D., Assistant Professor of Special Education in the Department of Teaching and Learning at the New York University Steinhardt School of Culture, Education, and Human Development."This book is a helpful resource and provides an important need in the professional learning of all educators. School and district leaders need to expand their knowledge in special education law and this book helps in accomplishing this." Kevin M. McKenna, Esquire, Managing Shareholder of the Exton, Pennsylvania office of Latsha Davis and McKenna P.C. and is Chairman of the firm’s statewide education practice.

• Acknowledgements; About the Authors; Preface; Part I Addressing and Maintaining Special Education Legal Literacy; Chapter 1 Introduction: Making the Case for Special Education Legal Literacy; Chapter 2 Historical Development of Laws Impacting Students with Disabilities; Chapter 3 Finding Special Education Legal Information in a Digital Age; Part II IDEA 2004: A Legal Primer; Chapter 4 IDEA 2004: Basic Structure and Major Principles; Chapter 5 Student Identification, Evaluation, and Eligibility; Chapter 6 The Individualized Education Program (IEP); Chapter 7 Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE); Chapter 8 Related Services, Assistive Technology, and Student Transition Services; Chapter 9 Student Discipline; Chapter 10 Dispute Resolution: Alternatives to Litigation; Chapter 11 Legal Remedies Available Under the IDEA; Chapter 12 Parental Involvement in the Special Education Decision-Making Process; Part III Federal Antidiscrimination Statues Impacting Students with Disabilities; Chapter 13 Eligibility and Legal Protections Under Section 504 and the ADA; Epilogue; Appendices