Table of Contents

Preface
Acknowledgments
About the Authors
1. Education and the American Legal System
Introduction
Sources of Law
Court Systems
Legal Resources and References
Understanding Legal Citations
Summary
References
2. Discipline in the Public Schools
Introduction
Student Rights and School Punishments
Due Process
The Fourth Amendment Rights of Students
Summary
References
3. Laws Affecting Discipline for Students With Disabilities
Introduction
Statutes Relevant to Students With Disabilities
Early Case Law
Amendments to the IDEA
Summary
References
4. Removal of Students From General Educational Settings
Introduction
Authority of School Personnel
Functional Behavioral Assessments and Behavior Intervention Plans
Expulsions of Students With Disabilities
Suspensions of Students With Disabilities
Manifestation Determinations
Hearings to Challenge Manifestation Determinations
Summary
References
5. Transfers to More Restrictive Settings
Introduction
Changes in Placement to More Restrictive Environments
Transfers to Interim Alternative Placements for Weapon or Drug Violations or Infliction of Serious Bodily Injuries
Injunctions to Remove Dangerous and/or Disruptive Students
Summary
References
6. Other Disciplinary Considerations
Minor Disciplinary Sanctions
Rights of Students Not Yet Identified as Having Disabilities
Rights of Former Special Education Students
Effect on the Juvenile Court and Law Enforcement Agencies
Summary
References
7. Conclusions and Recommendations for Practice
Introduction
Required Due Process
Manifestation Determination
Emergency Removals
Summary
References
Resource A: Provisions of the IDEA Relevant to Discipline
Resource B: IDEA Regulations Relevant to Discipline
Resource C: Honig v. Doe
Resource D: Useful Education Law Web Sites
Resource E: Glossary of Terms, Acronyms, and Abbreviations
Index

About the Author

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.

Reviews

"While school officials are vested with the authority to ensure an orderly school environment, they must conform to a complex array of legal and regulatory mandates extending entitlements to special education students. Whether discussing parental notification, the manifestation determination, the requirements for free appropriate education in alternative placements, or emergency removal of a dangerous student, this book provides the educator with a concise guide that combines a proactive approach to problem solving with a pragmatic approach for best practice in special education."
*Joseph Beckham, Allan Tucker Professor of Educational Leadership*

"Osborne and Russo provide practitioners with a practical, easy-to-follow guide for best practice in response to disciplinary transgressions for special education students. Their book is informative, well organized, and a ready resource for busy administrators who are trying to run safe, orderly schools."
*Lois F. Berlin, Superintendent*

"Disciplining students with disabilities is one of the more controversial and confusing aspects of special education law. Osborne and Russo′s book provides readable, practical guidelines detailing the full spectrum of discipline-related legal issues impacting students with special needs. School leaders will benefit greatly from the authors′ legal expertise and ability to deconstruct the myriad of legal topics into a comprehensible text."
*Kevin P. Brady, Assistant Professor*

"A compelling read. I found myself making notes in the margin to remind me to share excerpts with colleagues, both administrators and teachers. Discipline in special education can be a daunting issue for school administrators who are not familiar with the laws and regulations. This is a valuable overview of school law and how to apply it. One of the most useful books I have read as a building principal."
*Laurie Emery, Principal*

"Prepares administrators to help our most vulnerable children get the best education possible. A quick yet thorough resource for understanding and navigating the US legal system. This should be in every principal’s office."
*Barb Keating, Principal*

"Full of highly useful information that will particularly benefit school administrators. Educators out in the field have long needed a clear and concise explanation of this very complex area in special education."
*Bill Morgan, Special Education Coordinator*