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Russo, Charles J.; Osborne, Allan G., Jr.; Massucci, Joseph D.; Cattaro, Gerald M. – Journal of Research on Christian Education, 2011
The adoption of Section 504 of the Rehabilitation Act of 1973 (Section 504) and the Education for All Handicapped Children's Act, now the Individuals with Disabilities Education Act (IDEA), have had a major impact on the delivery of services for children with special needs. In light of the legal issues surrounding the delivery of special education…
Descriptors: Legal Problems, Disabilities, Court Litigation, Special Needs Students
Osborne, Allan G., Jr.; Russo, Charles J. – School Business Affairs, 2010
A major expense associated with litigating disputes under the Individuals with Disabilities Education Act (IDEA) is the right of parents who succeed in suits against their school boards to recover attorney fees. Yet until recently, boards were generally unable to recover attorney fees from parents even when they succeeded in demonstrating that…
Descriptors: Fees, Court Litigation, Disabilities, Boards of Education
Osborne, Allan G., Jr.; Russo, Charles J. – School Business Affairs, 2009
Students with disabilities are entitled to a free appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA). If school officials fail to provide students with a FAPE, the courts may grant appropriate relief. Courts often direct educators to provide students with disabilities with a FAPE and to compensate…
Descriptors: Disabilities, Federal Legislation, Student Rights, Court Litigation
Osborne, Allan G., Jr.; DiMattia, Philip – 1992
Major court decisions concerning the least restrictive environment for students with severe disabilities are analyzed and conclusions are drawn outlining the current status of case law. Court cases have weighed the benefits of mainstreaming against the benefits of providing greater or more specialized services in a segregated program. In general,…
Descriptors: Compliance (Legal), Court Litigation, Decision Making, Educational Change

Osborne, Allan G., Jr. – Remedial and Special Education (RASE), 1988
The four Supreme Court decisions interpreting the Education for All Handicapped Children Act which have been handed down to date are reviewed: Board of Education v. Rowley (1982), Irving v. Tatro (1984), Smith v. Robinson (1984), and Burlington v. Department of Education (1985). Implications and pending legislation are discussed. (JW)
Descriptors: Court Litigation, Disabilities, Disability Discrimination, Educational Legislation

Osborne, Allan G., Jr.; DiMattia, Philip – West's Education Law Reporter, 1991
The Handicapped Children's Protection Act allows the courts to provide an award of reasonable attorney fees to prevailing parents or guardians in any action or proceeding brought under the Education for All Handicapped Children Act. Discusses issues litigated in attorney fee reimbursement cases. (60 references) (MLF)
Descriptors: Court Litigation, Elementary Secondary Education, Federal Legislation, Hearings
Osborne, Allan G., Jr. – West's Education Law Quarterly, 1994
Several court cases have involved the provision of special education services to students who attend parochial schools. In "Zobrest," the Supreme Court ruled in favor of providing a sign-language interpreter to a parochial school student. Reviews that decision against the backdrop of establishment clause decisions in general. (MLF)
Descriptors: Court Litigation, Disabilities, Elementary Secondary Education, Federal Courts

Osborne, Allan G., Jr. – NASSP Bulletin, 1998
Under provisions of the 1997 Individuals with Disabilities Education Act Amendments, school officials may change a disruptive student's placement before the situation escalates and requires disciplinary measures. IDEA's purpose is to address students' disabilities, including those causing them to misbehave. Also, disabled students may be suspended…
Descriptors: Behavior Problems, Disabilities, Discipline, Elementary Secondary Education
Osborne, Allan G., Jr. – 1997
The rights and privileges granted by the Constitution were affirmed for special-needs students through passage of the Individuals with Disabilities Education Act (IDEA). However, difficulties can arise when the duty of the school administrator to maintain order, discipline, and a safe environment clashes with special education students' rights to…
Descriptors: Compliance (Legal), Disabilities, Discipline Policy, Elementary Secondary Education
Osborne, Allan G., Jr. – West's Education Law Quarterly, 1994
The Individuals with Disabilities Education Act (IDEA) requires school districts to educate students with disabilities in the least restrictive environment (LRE). The IDEA does not require mainstreaming in all cases; however, in several recent cases, courts began to tip the scales in favor of inclusive programming for these students. Reviews cases…
Descriptors: Compliance (Legal), Court Litigation, Disabilities, Elementary Secondary Education

Osborne, Allan G., Jr.; DiMattia, Philip; Russo, Charles J. – Exceptional Children, 1998
Summarizes and analyzes major court decisions concerned with the provision of special education and related services to parochial school students. Implications are discussed for providing on-site special education services at parochial schools. The level of services required and concerns with providing on-site services are discussed. (Author/CR)
Descriptors: Access to Education, Court Litigation, Disabilities, Elementary Secondary Education

Osborne, Allan G., Jr. – West's Education Law Reporter, 1990
The Education for All Handicapped Children Act requires school districts to provide handicapped children with an appropriate education in the least restrictive environment. Analyzes several circuit court decisions that provide a reasonable framework for courts to use in deciding least restrictive environment controversies. (MLF)
Descriptors: Compliance (Legal), Disabilities, Elementary Secondary Education, Federal Courts
Osborne, Allan G., Jr. – West's Education Law Quarterly, 1993
Examines two cases, both involving hearing-impaired students. In each situation the student's parents had requested the services of a sign language interpreter for all classes at a parochial school. Emphasis is placed on the First Amendment issues the Supreme Court is expected to address in the "Zobrest v. Catalina Foothills School…
Descriptors: Court Litigation, Deaf Interpreting, Deafness, Disabilities

Osborne, Allan G., Jr. – West's Education Law Reporter, 1988
School districts are required to provide special education and related services to handicapped students enrolled in private schools. Generally, a school district can provide these services offsite but must provide transportation between sites. (MLF)
Descriptors: Court Litigation, Disabilities, Elementary Secondary Education, Parochial Schools
Osborne, Allan G., Jr. – West's Education Law Quarterly, 1995
If extended school year (ESY) programming is required in order for the student with disabilities to receive an appropriate education, school districts must make the necessary provisions. Reviews court decisions. (31 footnotes) (MLF)
Descriptors: Court Litigation, Disabilities, Extended School Year, Federal Courts
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