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"This practical, easy-to-follow guide is an informative and well-organized resource for busy administrators who are trying to run safe, orderly schools." —Lois F. Berlin, Superintendent Falls Church City Public Schools, VA "The authors present readable, practical guidelines detailing the full spectrum of discipline-related legal issues impacting students with special needs." —Kevin P. Brady, Assistant Professor North Carolina State University Make appropriate disciplinary decisions without violating the rights of students with disabilities! Leading experts Allan G. Osborne, Jr., and Charles J. Russo illustrate how existing legislation affects the rights of students with disabilities and provides educators with clear guidelines for taking suitable disciplinary actions under the reauthorization of IDEA 2004. Ideal for school principals, assistant principals, guidance counselors, school board members, and special education faculty, this resource includes frequently asked questions, a glossary of terms, acronyms, and abbreviations for easy reference. In language that is current and reader friendly, this book also: Analyzes case law, including Honig v. Doe, the primary court decision concerned with disciplining students with disabilities Offers a thorough overview of IDEA′s many detailed disciplinary mandates and provides suggestions for implementing each of the mandates Clarifies the IDEA provisions that protect students to help ensure they are not being disciplined for actions that stem from their disabilities Discipline in Special Education helps school personnel gain a solid foundation for making disciplinary decisions that are fair and legal.
The essential resource for success in special education Educators face major challenges when addressing the needs of students with disabilities. This includes understanding a complex legal field: special education law. Special Education and the Law, Fourth Edition: A Guide for Practitioners is the ultimate for busy educators. Osborne and Russo, past presidents of the Educational Law Association, are experts in translating legalese into language that educators can understand. They have created a resource that examines legislation and interprets the statutes and their regulations in a reader-friendly format. Major topics include rights of access to public education, procedural due process, placement requirements, delivery of related services, discipline of students with disabilities, and remedies for failure to adhere to the law. With a preventative approach to litigation that separates it from other publications, this book features: Updates on legal developments from the almost-1000 federal and state cases decided since publication of the third edition in 2014 Coverage of IDEA, ADA, FAPE, 504, discipline, IEPs, LRE, parental considerations, public vs. private school considerations, and attorney fees A focus on federal and state interpretations With its user-friendly format, this resource will help educators focus on their core competency: providing exemplary education to students with special needs.
This volume in the pointunterpoint Debating Issues in American Education reference series tackles the topic of standards and accountability in schools, providing readers with views on multiple sides of standards and accountability issues and pointing them toward more in-depth resources for further exploration.
Covers IDEA and its accompanying regulations and analyzes cases involving procedural due process, assistive technology, disciplinary sanctions, dispute resolution, antidiscrimination laws, and special services entitlement.
Authored by a legal specialist and an education professor, this study is targeted to everyone involved in the education of students with disabilities and provides a full examinatiaon of the legal issues. Each chapter blends classroom vignettes and teachable moments with relevant legal rights and responsibilities of all school personnel. Disability rights laws are an essential part of every classroom, not just special education classrooms. Laws providing rights and protections to students and teachers with disabilities will be limited in utility unless all teachers understand the laws and the roles of the laws in the classroom. As the number of lawsuits in education is on the rise, Teachers must learn about the numerous legal issues possible in order to protect themselves against becoming involved in court cases. Teacher preparation programs must prepare all teachers to deal with these issues and to be aware of legal requirements for an equal education. A legal mandate for an individual education plan, a less restrictive environment, and a free appropriate public education for students with disabilities are topics that all general education teachers must know and understand. This text is geared to all general education majors at all levels and in every content area, as well as administrators, teachers, parents of students with disabilities, and those involved in legal research.
The presence of children with special needs in public schools has created diverse and shifting tensions. During the 1970s, parents and advocates sought to remove existing barriers and secure greater educational opportunity for handicapped children in public education, insisting that all children can learn and that all children suffer adverse effects from the exclusion of the handicapped from public schools. The legislation that was the product of their efforts, The Education for All Handicapped Children Act of 1975 (EAHCA), has become central to the continuing debate over the role of public schools in educating children with special needs. The authors of the essays included in this volume contribute to this debate in two ways. First, they evaluate the success of EAHCA and other legal mechanisms designed to ensure that the requirements of children with special needs are adequately met from a variety of historical, empirical, analytical and comparative perspectives. Second, they suggest steps that might be taken to help such legal strategems attain their goals. These suggestions respond to tensions that have shaped, and will continue to shape, the reaction of educators, parents, and the legal system to children with special needs during the years to come.