9th Circuit, McIntyre v. Eugene SD, decided September 2020 We at SPEDLAWBLOG periodically will be presenting recent cases that lay out good information for teachers, administrators and parents. This will be an occasional feature of this Blog. We will provide brief commentary on what to look for in the case […]
David F. Bateman, Ph.D., is a professor at Shippensburg University in the Department of Educational Leadership and Special Education where he teaches courses on special education law, assessment, and facilitating inclusion. He is a former due process hearing officer for Pennsylvania for over 580 hearings. He uses his knowledge of litigation relating to special education to assist school districts in providing appropriate supports for students with disabilities and to prevent and to recover from due process hearings. He has been a classroom teacher of students with learning disabilities, behavior disorders, intellectual disability, and hearing impairments. Dr. Bateman earned a Ph.D. in special education from the University of Kansas. He has recently co-authored the following books: A Principal’s Guide to Special Education, A Teacher’s Guide to Special Education, Charting the Course: Special Education in Charter Schools, Special Education Leadership: Building Effective Programming in Schools, and Current Trends and Issues in Special Education. He was also recently co-editor of a special issues of TEACHING Exceptional Children focusing on legally proficient IEPs.
November 29, 2020 marks the 45th Anniversary of the signing of PL 94-142, the now titled Individuals with Disabilities Education Act or IDEA. Many do not remember 45 years ago, so therefore we here at SpedLawBlog would like to share some memories and reminders of what life was like prior […]
A Case We Are Watching at SPEDLAWBLOG Z. B. v. DC Board of Education As a service, we at SPEDLAWBLOG will follow all appeals to the US Supreme Court and work to keep our loyal readers up to date on cases that may have major input into special education law […]
New Ruling on FBA’s and IEE’s Second Circuit In the case of D.S. v. Trumbull Board of Education, issued on September 17, 2020, the United States Court of Appeals for the Second Circuit ruled FBAs are not evaluations or reevaluations within the meaning of the IDEA. This decision is inconsistent with […]
A special education lawsuit was filed in federal court in New York against every school district and every state department of education in the United States. The suit alleged virtual learning without in-person support denied a FAPE to students with disabilities nationwide. Some school districts across the nation, well outside of […]
The 30th anniversary of the American’s with Disabilities Act is July 26, 2020. The NY Times did a great collection of articles related to this. It is worth your time.
Given many states and localities have experienced a significant reduction in tax revenue over the past few months as a result of the COVID-19 pandemic, and many schools are heavily reliant on this revenue for their operating budgets, we can expect less (sometimes significantly less) money for schools during the […]
NEW!OSEP COVID-19 Questions & Answers: Implementation of IDEA Part B and Part C Procedural SafeguardsColleagues:The Office of Special Education and Rehabilitative Services’ Office of Special Education Programs (OSEP) released Questions and Answers (Q&A) documents in response to inquiries concerning implementation of the Individuals with Disabilities Education Act (IDEA) Part B and […]
OSEP COVID-19 Questions & Answers: Implementation of IDEA Parts B and C Use of Funds Flexibility in Implementation of IDEA Part B Fiscal Requirements
OSEP COVID-19 Questions & Answers: Implementation of IDEA Parts B and C Use of FundsFlexibility in Implementation of IDEA Part B Fiscal Requirements Colleagues: The Office of Special Education and Rehabilitative Services’ Office of Special Education Programs (OSEP) released Questions and Answers (Q&A) documents in response to inquiries concerning implementation of […]
OSEP issued Q&A documents in response to inquiries concerning implementation of the IDEA Part B and Part C dispute resolution procedures in the current COVID-19 environment. IDEA Part B https://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/qa-dispute-resolution-procedures-part-b.pdf?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term= IDEA Part C https://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/qa-dispute-resolution-procedures-part-c.pdf?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=
INDIAN EDUCATION: Actions Needed to Ensure Students with Disabilities Receive Special Education Services
INDIAN EDUCATION: Actions Needed to Ensure Students with Disabilities Receive Special Education Services GAO-20-358: Published: May 22, 2020. Publicly Released: Jun 5, 2020. Found at: https://www.gao.gov/products/gao-20-358 In a recent Government Accounting Office (GAO) report, the Bureau of Indian Education (BIE) did not provide or could not account for almost 40 […]
Supreme Court Update May 26, 2020 The first case was McMillen v. New Caney Independent School District, (5th Cir. 2019), had similarities to the Fry case from three years ago. In McMillan the 5th Circuit ruled the exhaustion provision, which requires a parent to seek relief in a due process […]