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.
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 […]
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: Understand Ableist Language: […]
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 […]
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 […]
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 […]
