Author Archives

David Bateman

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.

Ableist Language

As a special educator, it is crucial to be aware of and avoid using ableist language when interacting with students, colleagues, and families. Ableist language can perpetuate harmful stereotypes, reinforce discriminatory attitudes, and create a negative and exclusionary environment. Here are some warnings and guidelines to consider: Remember, using inclusive […]

Top Ten Tips for Parents

1. Know Your Rights: The Individuals with Disabilities Education Act (IDEA) is the federal law that guarantees a free, appropriate public education (FAPE) for students with disabilities. It is important for parents and educators to understand the rights and protections IDEA provides. 2. Understand the Evaluation Process: IDEA requires that […]

New Supreme Court Case

Acheson Hotels, LLC v. Laufer U.S. Supreme Court announced it will hear a case involving the Americans with Disabilities Act in the case of Acheson Hotels, LLC v. Laufer. There is interest in this case as it might resolve the question of whether individuals who serve as “tester” plaintiffs have standing to bring […]

Possible Supreme Court Case

Richardson v. Omaha There may be an IDEA related case in front of the Supreme Court. Stay tuned to SpedLawBlog for the latest on IDEA related actions at the High Court. Given the sheer volume of cases at the Circuit Courts on attorney’s fees, it is maybe about time to […]

Health Data and Student Outcomes

We at SpedLawBlog will periodically cover other aspects of education for students eligible for special education and related services that need to be addressed and considered. Given what we have gone through this past year, health data is of major importance. Many school district personnel do not have a good […]

Health Data and Student Needs

Health Data We at SpedLawBlog will periodically cover other aspects of education for students eligible for special education and related services that need to be addressed and considered. Given what we have gone through this past year, health data is of major importance. Many school districts do not have a […]

CEC Conference is This Week!

CEC is this Week! The Council for Exceptional Children Annual International Conference. Due to the COVID-19 pandemic the conference is virtual, so there is no reason why you should not attend. The sessions are loaded into the website, and will be available to view until the end of May. To […]

There Was No Signing Ceremony

            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 […]

New Ruling on FBA’s and IEE’s

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 […]

SPED LAW Manhattan Case

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 […]