Author Archives
David Bateman
David F. Bateman, Ph.D., is a Principal Researcher at the American Institutes for Research. He is also a professor emeritus at Shippensburg University in the Department of Educational Leadership and Special Education where he taught 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.
October Special Education Law and Policy News
October 2024 Special Education Law and Policy Update Articles from September address critical issues affecting individuals with disabilities, including unfair labor practices, education inequalities, and barriers to accessing necessary care. The stories explore the impact of systemic challenges on workers with disabilities, students, and families, highlighting legal and ethical dilemmas. […]
September Special Education Law/Policy Update
Special Education and Disability-Related IssuesNationwide Shortage of Special EducatorsState-Level Special Education InitiativesChallenges and Legal Issues in Special EducationAutism and Special EducationSpecial Education During and Post-PandemicHigh-Profile Special Education Cases Legal and Policy Developments in EducationSupreme Court and Title IXUpcoming Supreme Court Cases School Safety and Environmental ConcernsSchool Crime and SafetyLead Contamination in Schools Notable […]
Monthly Special Education Law and Policy Updates -August, 2024
If you see anything that should be included, please let me know at DavidBateman@me.com Supreme Court Ruling May Upend Disability Rights Protections, Advocates Fear Countless federal regulations ensuring the rights of people with disabilities could face legal challenges after the U.S. Supreme Court overturned a 40-year-old precedent. The recent ruling […]
Chevron Defense and Students with Disabilities
Chevron Deference Explained Chevron deference is a judicial doctrine stemming from the 1984 Supreme Court case Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. It directs courts to defer to a federal agency’s interpretation of ambiguous statutory language, provided the interpretation is reasonable. The doctrine follows a two-step process: Impact of […]
Update on Recent Special Ed Law News
Special Education Law Update Special Education Case Appealed to the Supreme Court The U.S. Supreme Court is being asked to take up a case centering on whether parents have the right to record meetings with their child’s school district about special education services. https://www.usatoday.com/story/news/politics/2024/06/05/iep-disabilities-autism-supreme-court-massachusetts/73879835007/ Rejected: 504 No new regs, but […]
Teachers and Due Process Hearings
CADRE Published a great piece about special education teachers testifying in due process hearings. “I Didn’t Sign Up For This!”: Considering The Impact of Due Process On Teachers https://www.cadreworks.org/resources/literature-article/i-didnt-sign-considering-impact-due-process-teachers Summary:The Individuals with Disabilities Education Act (IDEA) offers a framework to resolve disputes between schools and parents over a student’s Individual […]
Title IX Summary
The 2024 Title IX Final Rule significantly expands and updates the regulatory framework governing sex discrimination in education programs receiving federal financial support. Here are more detailed insights into several key aspects of the rule: 1. Comprehensive Definitions: 2. Clarification and Expansion of Sex Discrimination Scope: 3. Administrative and Training […]
New Title IX Regulations
New Title IX regulations were released today. They were two years in the making. Expect a lot of commentary and push-back. We will have a summary of the new regulations within the next week. They can be found here: https://titleixforall.com/new-title-ix-regulations-released
New Assistive Technology Guidance
Last week the US Department of Education released updated guidance on the use of Assistive technology in schools for students eligible for special education and related services. There are a lot of misconceptions related to the use of AT. Below, we have summarized some of the key components. A lot […]
Extend School Year Determinations: Steps to Take Before the Winter Break
Now is the time to consider ESY determinations-before the Winter Break. We will address what is ESY, how to make determinations, and the steps to consider over the next ew weeks. What is ESY? STANDARDS FOR DETERMINING NEED FOR ESY SERVICES Courts have delineated various standards that school districts should […]
The December 1 Child Count
As many of your districts are getting ready for a Thanksgiving Break, it is VERY important for all to be aware (or be reminded of) the December 1 Child Count. The Individuals with Disabilities Education Act (IDEA) requires school administrators to conduct an annual count of all children receiving special […]