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.
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 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
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 […]
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 […]
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 […]
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, […]
Recently, the Office of Civil Rights announced its investigation into Fairfax County related to notice and results from working with parents related to COVID. There are many very important lessons ALL school districts should learn from this investigation. The title of the report is:U.S. Department of Education’s Office for Civil […]
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, 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: 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, 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 […]
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 […]
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