Speech-Language Pathologists as Expert and Fact Witnesses in Special Education Disputes and Civil Litigation Cases: A Tutorial

Abstract

Purpose Speech-language pathologists (SLPs) are not likely to enter practice in school systems with anticipation of special education disputes, or civil and criminal cases that could involve them either as fact or expert witnesses. In this tutorial, we differentiate between the roles of expert and fact witness with guidance to assist SLPs preparing to serve in either role. Method Using two sample cases, we present details of conflicts that involve SLPs; Case 1 involves an SLP as expert witness and Case 2 involves an SLP as a fact witness. We offer information to guide SLPs agreeing to serve as an expert witness, important preparation steps for SLPs as expert and fact witnesses, and practice suggestions, including attention to ethical codes, in serving either role. Conclusions We caution readers that special education, civil, and criminal disputes vary by case, state and federal statutes, and professional and personal details. We draw several recommendations from the two sample cases that should inform and guide any SLP involved as a fact witness or as an expert witness in cases of dispute.