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.

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 […]

OSEP COVID-19 Questions & Answers: Implementation of IDEA Part B and Part C Procedural Safeguards

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 […]

COVID- New Dispute Resolution Guidance from OSEP

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 […]

Extended School Year (ESY) and Covid-19

Given the current situation with just about all schools across the nation shut down, along with expectations of social distancing, what should we reasonably expect out of extended school year (ESY) programming for students eligible for special education and related services? This post will seek to remind readers of the […]