Discipline in Special Education

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.

• PrefaceAcknowledgmentsAbout the Authors1. Education and the American Legal SystemIntroductionSources of LawCourt SystemsLegal Resources and ReferencesUnderstanding Legal CitationsSummaryReferences2. Discipline in the Public SchoolsIntroductionStudent Rights and School PunishmentsDue ProcessThe Fourth Amendment Rights of StudentsSummaryReferences3. Laws Affecting Discipline for Students With DisabilitiesIntroductionStatutes Relevant to Students With DisabilitiesEarly Case LawAmendments to the IDEASummaryReferences4. Removal of Students From General Educational SettingsIntroductionAuthority of School PersonnelFunctional Behavioral Assessments and Behavior Intervention PlansExpulsions of Students With DisabilitiesSuspensions of Students With DisabilitiesManifestation DeterminationsHearings to Challenge Manifestation DeterminationsSummaryReferences5. Transfers to More Restrictive SettingsIntroductionChanges in Placement to More Restrictive EnvironmentsTransfers to Interim Alternative Placements for Weapon or Drug Violations or Infliction of Serious Bodily InjuriesInjunctions to Remove Dangerous and/or Disruptive StudentsSummaryReferences6. Other Disciplinary ConsiderationsMinor Disciplinary SanctionsRights of Students Not Yet Identified as Having DisabilitiesRights of Former Special Education StudentsEffect on the Juvenile Court and Law Enforcement AgenciesSummaryReferences7. Conclusions and Recommendations for PracticeIntroductionRequired Due ProcessManifestation DeterminationEmergency RemovalsSummaryReferencesResource A: Provisions of the IDEA Relevant to DisciplineResource B: IDEA Regulations Relevant to DisciplineResource C: Honig v. DoeResource D: Useful Education Law Web SitesResource E: Glossary of Terms, Acronyms, and AbbreviationsIndex

"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."