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 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.
A.J.T. v. Osseo Area Schools The following is a summary of the request by the parents for the Supreme Court to hear this case. The Court accepted the case with oral arguments expected in April. Summary of the Petitioners Brief The petition for a writ of certiorari to the U.S. […]
We highly recommend you read the attached link from a report written by CADRE. The 2024 Trends in Dispute Resolution report indicates a significant rise in written state complaints and mediation requests under IDEA for the 2022-23 school year, with a notable shift towards early conflict resolution strategies to reduce […]
Using Functional Behavioral Assessments to Create Supportive Learning Environments Civil Rights Commission to Examine Special Education Teacher Shortages How Trump’s Policies Could Affect Special Education How One Woman Became the Scapegoat for America’s Reading Crisis Schools are Scrambling to Find Special Education Teachers: 3 Ways to Address the Shortage School […]
November 2024 Update The U.S. Department of Education (ED) supports schools and colleges affected by natural disasters, offering resources through the Office of Elementary and Secondary Education (OESE) and specialized centers like the National Center for Homeless Education and the Disaster Recovery Unit. Additionally, mental health resources are available for […]
The following are recommendations for what to do in October to get ready for the December 1 Child Count. The December 1 Child Count is an annual data collection process mandated by the Individuals with Disabilities Education Act (IDEA). It requires each state to report the number of children receiving […]
