Tremendous changes have occurred over the past decade in the provision of services to students with disabilities. Federal mandates continue to define requirements for a free appropriate public education (FAPE) in the least restrictive environment. Additionally, there has been an increase in the number of lawsuits filed against school districts regarding the provision of educational services for students with disabilities. Case studies are a helpful way to understand these difficult issues. The case studies presented here are actual students eligible for special education and related services. The case studies are represented not to tell districts and parents that this is the only way questions about special education law can be answered, but to provide likely answers along with commentary for analysis. The cases were developed to help new (and experienced) special education leaders and supervisors survive the pressures of working with students with disabilities while working to provide appropriate services and prevent litigation.
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David F. Bateman, PhD, is a Special Education Consultant, and Professor Emeritus at Shippensburg University of Pennsylvania. He is a former due process hearing officer for Pennsylvania for hundreds of 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, and a building administrator. Dr. Bateman earned a PhD in special education from the University of Kansas. Over the past 28 years he has either been a hearing officer or consultant on over 1,005 special education lawsuits. He frequently is a keynote presenter at principal and administrator conferences. 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, Current Trends and Legal Issues in Special Education, and A School Board Members Guide to Special Education. He has also recently worked as the neutral fact-finder in the class action lawsuit involving the Oregon Department of Education. After the 2017 Supreme Court decision in Endrew F., the U.S. Department of Education reached out to him to develop a training module for administrators on legally compliant IEPs. He is co-author of the special education legal blog:SPEDLAWBLOG.com
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