A Note from CADRE: As conversations continue around the reauthorization of the IDEA, CADRE welcomes ideas and dialogue around possible improvements to the law. This webinar was offered in the spirit of starting a conversation around concerns with the due process system and exploring possible solutions. It was not intended to represent all perspectives, nor do the opinions of the presenters in this webinar necessarily represent the opinions of CADRE. Healthy dialogue is likely to include areas of disagreement but can lead to better outcomes. The important thing is that we engage each other in a willingness to work together. Our hope is that this will encourage additional sharing of perspectives and movement toward workable solutions.
About the Webinar: This webinar will focus on the IDEA due process procedures with attention to the complexities and inefficiencies inherent in the current system. The webinar will explore the following:
- How due process can be overly legalistic creating barriers for parents, especially those from marginalized communities
- How inequities in the system lead to disparities in the quality of outcomes
- How delays in hearings result in significant setbacks in the delivery of critical services
- How high costs and bureaucracy drain already depleted resources
Recommendations will be offered for the next reauthorization, including:
- Simplifying the process to make it more accessible to all families
- Adopting a less adversarial approach focusing on collaboration
- Proposing strict timelines for hearings and decisions emphasizing the importance of timely resolutions
- Increasing funding for IDEA programs, particularly training and resources to help local agencies better meet the needs of children with disabilities
About the Presenters:
David F. Bateman, Ph.D., is a Principal Researcher at the American Institutes for Research, and is finishing up this academic year as a professor at Shippensburg University in the Department of Educational Leadership and Special Education where he teaches courses on special education law, assessment, and facilitating inclusion. 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. 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, Current Trends and Legal Issues in Special Education, and A School Board Members Guide to Special Education.
Mitchell L. Yell, Ph.D., is the Fred and Francis Lester Palmetto Chair in Teacher Education and a Professor in Special Education at the University of South Carolina. He earned his Ph.D. in special education from the University of Minnesota. His professional interests include special education law, IEP development, progress monitoring, and parent involvement in special education. Dr. Yell has published 142 journal articles, 8 textbooks, 36 book chapters, and has conducted numerous workshops on various aspects of special education law, classroom management, and progress monitoring. His textbook, Special Education and the Law, is in its 5th edition. He co-authored the text Developing Educationally Meaningful and Legally Sound IEPs. Dr. Yell also serves as a State-level due process review officer (SRO) in South Carolina and is on the Board of Directors of the Council for Exceptional Children. He is serving as the special education expert for the U.S. Department of Justice on two cases on discrimination against students with disabilities brought under the Americans with Disabilities Act. Prior to working in higher education, Dr. Yell was a special education teacher in Minnesota for 14 years.