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Essential Concepts and School-Based Cases in Special Education Law

Essential Concepts and School-Based Cases in Special Education Law

February 2008 | 368 pages | Corwin
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.

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


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


3. Procedural Due Process
Student Records


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


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.


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


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


7. Dispute Resolution

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


8. Remedies for Failure to Provide a Free Appropriate Public Education
Tuition Reimbursement

Compensatory Educational Services

Attorney Fees and Costs


Case No. 15: Florence County School District Four v. Carter

Case No. 16: Arlington Central School District Board of Education v. Murphy


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


10. Antidiscrimination Statutes

Discrimination Prohibited

Otherwise Qualified Students With Disabilities

Reasonable Accommodations


Case No. 19: Southeastern Community College v. Davis

Case No. 20: School Board of Nassau County, Florida v. Arline



"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."

Marian White Hood, Principal
Ernest Everett Just Middle School, Mitchellville, MD

"This is a reference book I would want on my bookshelf when considering action in a special education situation."

Laurie Emery, Principal
Old Vail Middle School, Vail, AZ

"I’m very impressed with this book as a potential resource for principals, directors of special education, superintendents, members of boards of directors, professors, and aspiring educators. It would be extremely useful for checking the original language of a controlling case on a wide variety of topics."

Peter Hilts, Principal
The Classical Academy, Colorado Springs, CO

"Gathers concepts from leading special education cases and provides excerpts from selected legal decisions to help educators understand special challenges in special education law. The result is an important desk reference needed by any school teaching special education."

The Bookwatch, June 2008
Midwest Book Review

Sample Materials & Chapters


Chapter 1 excerpt

For instructors

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