Author Archives
David Bateman
David Bateman, PhD, is a nationally recognized expert in special education dispute resolution and legal compliance. He has ten-years of experience as a due process hearing officer and complaint investigator and has since served as a second-tier hearing officer in multiple states. In addition, over the past ten years, he has worked as a mediator in seven states and one U.S. territory. Dr. Bateman is the lead author of one of the primary books on special education dispute resolution (Bateman et al., 2023) and is the co-author of one of the most widely visited blogs on special education legal issues. He restructured the special education complaint system for Guam. He is a frequent keynote speaker for not only state special education administration conferences, but also conferences for families of students with disabilities.
After the Endrew F. Supreme Court decision in 2017, Dr. Bateman developed a module for administrators on legally compliant IEPs for the U.S. Department of Education which received its “stamp of approval” as legally compliant. He also provided extensive guidance for the module developed for classroom teachers. He recently (2024) co-authored the fourth edition of the leading textbook for principals related to special education. He coauthored the leading textbook on IEP development (Yell et al., 2022), coauthored the recent special edition of TEACHING Exceptional Children on legally compliant IEPs (Yell & Bateman, 2020), and has helped rewrite and lead the trainings on new IEPs and procedures for multiple states and U.S. territories. He authored a document on how to write a 504-plan that is being used in 48 states and two territories. He was the lead author on the American Association of School Administrators policy brief Rethinking Special Education Dispute Resolution at IDEA’s 50th Anniversary. Recently, he was the neutral factfinder in the class action lawsuit against the Oregon Department of Education relating to special education services.
He is a former special education classroom teacher and building-level administrator, and the parent of two adult children—one who had an IEP in school and the other who had a Section 504 plan.
In October 2025, the U.S. Department of Education executed one of the most consequential reductions-in-force (RIF) in its history—466 positions eliminated, including nearly all staff from the Office of Special Education Programs (OSEP) and Rehabilitation Services Administration (RSA). The Office of Special Education and Rehabilitative Services (OSERS)—the federal backbone for IDEA oversight—was effectively dismantled […]
OverviewThe 2025–2026 Supreme Court term begins with a narrowed docket but potentially sweeping implications for K–12 education, particularly in civil rights, Title IX, and First Amendment jurisprudence. Following the end of Chevron deference, federal agencies—including the U.S. Department of Education—face weakened authority to interpret and enforce IDEA, Section 504, and […]
CADRE (https://cadreworks.org) has released national IDEA dispute resolution (DR) data that offers a stark picture of both rising demand and mounting strain on state systems. While families are exercising their rights under IDEA at unprecedented levels, the numbers show states are struggling to keep pace. These are excellent summaries and […]
Special education teachers operate at the intersection of instruction and legal compliance. Unlike most educators, their decisions are not only pedagogical—they are legal. An Individualized Education Program (IEP) is not just a teaching tool; it is a legally binding document. A misstep in service provision or documentation is not just […]
Lead the Change: A No-Cost Opportunity for Principals Ready to Level Up Leading a school is not easy. The demands are high, the expectations even higher, and ensuring every student receives the support they need? That takes more than good intentions; it takes the right knowledge, tools, and community. That’s […]
In the unanimous June 12, 2025, Supreme Court decision in A.J.T. v. Osseo Area Schools, the Court eliminates the “bad faith or gross misjudgment” standard, lowering the bar for Section 504 and ADA claims in education. Schools must now meet the same anti-discrimination standards as other public entities, with failures to provide […]
On the seventy-first anniversary of the Brown v. Board of Education Supreme Court decision (May 17, 1954), it is important to recognize that while the ruling did not specifically address disability rights, it was instrumental in laying the legal and constitutional groundwork for Public Law 94-142, the Education for All Handicapped Children […]
Case Summary: A.J.T. v. Osseo Area SchoolsIssue at Stake:The core question in A.J.T. v. Osseo Area Schools is whether students with disabilities must meet a uniquely high standard—proving “bad faith or gross misjudgment”—to prevail in disability discrimination claims under Section 504 of the Rehabilitation Act and Title II of the Americans with […]
President Donald Trump’s recent announcement that the Department of Health and Human Services (HHS) will assume responsibility for students with disabilities has sparked widespread backlash and confusion among disability advocates, educators, and legal experts. The brief announcement, made during an unrelated event about a fighter jet, offered no specifics on […]
The PBS NewsHour recently interviewed one of the writers of SpedLawBlog about potential cuts to special education and the removal of the U.S. Department of Education. It is worth a watch.
SPED LAW BLOG 