Essential Concepts and School-Based Cases in Special Education Law

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.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.

"A must-read, must-purchase, must-save reference. This text provides relevant cases that can be used as part of professional development for teachers and the leadership team, presents a clear explanation of laws for graduate courses, and offers an educational chronology for educators."

• PrefaceAcknowledgmentsAbout the Authors1. Introduction: The Law of Special EducationSources of LawThe Development of Special Education LawsLegislative InitiativesCase No. 1: Pennsylvania Association for Retarded Children v. Commonwealth of PennsylvaniaCase No. 2: Mills v. Board of Education of the District of ColumbiaReferences2. Entitlement to Special Education and Related ServicesEntitlement to ServicesStudents in Religious and Other Private SchoolsHomeschooled StudentsCase No. 3: Timothy W. v. Rochester, New Hampshire, School DistrictCase No. 4: Zobrest v. Catalina Foothills School DistrictReferences3. Procedural Due ProcessStudent RecordsEvaluationDevelopment of Individualized Education ProgramsParental RightsChange in PlacementCase No. 5: Blackmon v. Springfield R-XII School DistrictCase No. 6: Stock v. Massachusetts Hospital SchoolReferences4. Free Appropriate Public EducationDefinition of AppropriateLeast Restrictive EnvironmentPlacement in Private FacilitiesExtended School Year ProgramsCase No. 7: Board of Education of the Hendrick Hudson Central School District v. RowleyCase No. 8: Sacramento City Unified School District, Board of Education v. Rachel H.References5. Related Services, Assistive Technology, and Transition ServicesRequired Related ServicesAssistive TechnologyTransition ServicesCase No. 9: Cedar Rapids Community School District v. Garret F.Case No. 10: Fick ex rel. Fick v. Sioux Falls School DistrictReferences6. Student DisciplineJudicial HistoryThe 1997 and 2004 IDEA AmendmentsCase No. 11: Honig v. DoeCase No. 12: AW ex rel. Wilson v. Fairfax County School BoardReferences7. Dispute ResolutionMediationResolution SessionsDue Process HearingsJudicial ReviewStatutes of LimitationsCases Under Other StatutesCase No. 13: Schaffer ex rel. Schaffer v. WeastCase No. 14: Winkelman ex rel. Winkelman v. Parma City School DistrictReferences8. Remedies for Failure to Provide a Free Appropriate Public EducationTuition ReimbursementCompensatory Educational ServicesAttorney Fees and CostsDamagesCase No. 15: Florence County School District Four v. CarterCase No. 16: Arlington Central School District Board of Education v. MurphyReferences9. Emerging IssuesChild FindState Testing ProgramsState Responsibility to Ensure ComplianceResponsibility of Insurance CarriersDisbursement of Federal FundsPolicy LettersPrograms for Infants and ToddlersReport Cards and TranscriptsCase No. 17: Rene v. ReedCase No. 18: Gadsby v. GrasmickReferences10. Antidiscrimination StatutesEligibilityDiscrimination ProhibitedOtherwise Qualified Students With DisabilitiesReasonable AccommodationsDefensesCase No. 19: Southeastern Community College v. DavisCase No. 20: School Board of Nassau County, Florida v. ArlineReferencesGlossaryIndex