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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.

Section 508-Yes,Another Law.

Section 508 of the Rehabilitation Act of 1973 mandates entities receiving federal funds make their electronic and information technology (EIT) accessible to individuals with disabilities. This includes any EIT that’s developed, procured, maintained, or used by these entities, which includes ALL public schools. While Section 508 is a federal requirement, […]

Section 504 Birthday!

September 26, 2023 is the 50th Anniversary of the Rehabilitation Act of 1973. In schools, this is better known as where we get Section 504. There are new regulations on Section 504 coming soon. While you wait, if you follow the link below you can get a document that describes […]

Section 1983

Section 1983, titled “Civil action for deprivation of rights,” is part of Title 42 of the United States Code. It is one of the primary means for individuals to sue state and local officials for violations of federal constitutional and statutory rights. Here’s a more detailed look at Section 1983: […]

FIRE DRILLS!!

Fire drills: a routine obligation for all school kids, yet their execution often overlooks the unique needs of students with disabilities. I was recently reminded of this gap when I had a conversation with my daughter. She teaches at a specialized school for students with autism in Charlottesville. She recounted […]

FERPA!!

FERPA, the Family Educational Rights and Privacy Act, is a federal privacy law enacted in the United States to safeguard the privacy and confidentiality of students’ personal information. It grants specific rights to parents concerning their children’s educational records. The scope of FERPA covers all school districts that receive funding […]

Summer Programming?

From OSEP: Comparable services include services during the summer, such as Extended School Year (ESY) services.  Requirements: When a child with an individualized education program (IEP) from a school district transfers into a new school district, whether in the same State or a different State, and enrolls in a new […]

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 […]