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.
Supreme Court Update: Special Education Cases on the Horizon As the U.S. Supreme Court begins its new term on October 7, two significant special education cases may come under review, potentially shaping the future of disability rights in public schools. A.J.T. v. Osseo Area Schools and Luo v. Owen J. […]
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. […]
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 […]
If you see anything that should be included, please let me know at DavidBateman@me.com Supreme Court Rulings Supreme Court Ruling May Upend Disability Rights Protections The Supreme Court’s Loper Decision: Preliminary Conclusions Federal and State Compliance More States Failing To Meet Special Education Requirements Michigan Officials Deny Claims State Failed […]
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: Step One: […]
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 […]
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 […]
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: Sex-Based Harassment: This includes not only sexual harassment but also harassment based […]
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? Each public agency must ensure that extended school year services are available as necessary to provide […]
