Special Education Expert Witnesses: 5

A Special Education expert for five decades, Dr. Steven C. Imber served as a professor of special education from 1973 2021. He serves as a special education advocate, consultant to attorneys, parents and schools. He has conducted more than 600 independent educational evaluations.

Education:

• B.S. Psychology (High Honors) State University of New York at Buffalo
• Doctoral Studies, Clinical Psychology, University of Connecticut
• M.A. from the Department of Educational Psychology (Special Education - Learning Disabilities), University of Connecticut (Kappa Delta Phi)
• Ph.D. from the Department of Educational Psychology (Special Education -Emotional Disturbance (High Honors)

As a special education expert, Dr. Imber has worked on cases with children, adolescents and adults with a broad array of disabilities. He provides professional advocacy and consultation for children with the following disabilities:

• Autism Disorders
• Attention Deficit Disorders
• Emotional and Behavioral Disorders
• Emotional and Behavioral Disorders Intellectual Disabilities (Cognitive Deficits)
• Learning Disabilities
• Other Disabilities and Disorders

Areas of Expertise:

• Criminal Defense of Individuals with Disabilities – competence to stand trial and comprehension of Miranda Warning Rights
• Family Custody Matters involving Disputes regarding matters of Education and Special Education
• School Safety
• Special Education Regulations and Law
• Wrongful Death

Dr. Imber has been involved in cases from the following states: Alaska, Arizona, Connecticut, Delaware, Florida, Hawaii, Illinois, Massachusetts, Michigan, New Jersey, New York, Pennsylvania, Rhode Island, Tennessee, Utah, Vermont, Washington and West Virginia. 

Depositions and Direct Testimony
Dr. Imber has testified in federal court, various district courts, superior court, family and probate court and in numerous due process hearings since 1975.

Below are listed recent cases in which Dr. Imber provided testimony during depositions or directly in various court matters:

• October 21, 2021, Family Court: State of Hawaii, Plaintiff
• October 19, 2021, Hancock County Circuit Court, West Virginia Criminal Action, Defendant
• September 29, 2021, Chicago Public  Schools Cook County, Defendant
• July 6, 2021, Worcester County Probate and Family Court, Plaintiff
• August 10, 2021, Springfield District Court, Defendant
• May – June 2019, Commonwealth of Massachusetts, Division of Administrative Law Appeals, Bureau of Special Education Appeals BSEA, Plaintiff

Additional Accomplishments

• Published several articles in national and international journals within the fields of special education and psychology
• Presented at several local, state, regional, national and international conferences and meetings

Dr. Imber's CV is available upon request.

Dr. Erika Simmons’ work as a Certified Life Care Planner is distinguished by more than 20 Years of experience in Education, Special Education, and Educational Leadership, combined with doctoral-level training and real-world systems oversight. This background uniquely positions Dr. Simmons to serve as both a life care planning professional and a credible expert witness, particularly in cases involving children, adolescents, and young adults with educational, behavioral, and developmental needs.

As a former principal, district director, and adjunct professor in special education, Dr. Simmons brings an applied understanding of how services are designed, delivered, documented, and evaluated within public and private educational systems. This enables her to develop life care plans that are not only comprehensive, but realistic, evidence-based, and aligned with how supports are actually implemented in schools and related service environments.

Dr. Simmons’ expertise in IEP Development, Functional Behavior Assessments, MTSS, and Progress Monitoring allows her to clearly articulate educational and behavioral needs in a manner that withstands legal scrutiny. She is able to explain complex educational concepts, service delivery models, and future support needs in clear, accessible language for judges, juries, and attorneys—bridging the gap between educational practice and legal standards.

Areas of Expertise:

• Forensic review of educational records, evaluation of IEP development and implementation, and analysis of progress monitoring practices to determine whether students were provided a Free Appropriate Public Education (FAPE).
• Examination of the legal and procedural integrity of Functional Behavior Assessments (FBA), Behavioral Intervention Plans, accommodations, and related services, assessing alignment with statutory requirements and established professional standards.

Having served in leadership roles responsible for compliance, program evaluation, and assessment at the district level, Dr. Simmons understands the legal and regulatory frameworks governing special education and related services. This perspective strengthens her expert testimony by grounding opinions in established standards, data-driven decision-making, and accepted professional practices.

In expert witness settings, Dr. Simmons is experienced in reviewing records, identifying service gaps, projecting future educational and functional needs, and supporting opinions with documentation, research, and professional standards. Her testimony reflects a balanced, objective approach rooted in professional experience, methodological rigor, and a clear understanding of the long-term educational and life impacts of injury or disability.

Dr. Joseph S. Schwartzberg, is an Educational Consultant / Expert Witness who provides consultation and testimony on cases involving students with disabilities and School safety matters.. Dr. Schwartzberg was responsible for developing and administering legally compliant special education and general programs for 35 school districts in NY before doing likewise for the 14 districts of North San Diego County. For 13 years, he served as the Senior Director of the North Coastal Consortium for Special Education for the San Diego County Office of Education. 

Litigation Support - Dr. Schwartzberg has provided expert witness services to counsel representing both plaintiff and defense in state,federal as well as family court. 

Areas of Expertise:

• IDEA
• School Safety
• ADA
• Standards of Care
• Other Agency Responsibilities
• Non-public Schools
• Appropriate Programming for Students with Disabilities

Certification / Credentials:

• School Administrator and Supervisor (SAS)
• School District Administrator (SDA)
• Professional Clear Administrative Services Credential
• Professional Clear Single Subject Teaching Credential : Health Science
• Learning Disabilities, Emotionally Handicapped, General Special Education
• Nursery, Kindergarten, Grades 1-6
• Health and special classes of the orthopedically and similarly handicapped
• Teacher of children with special learning handicaps

View Dr. Schwartzberg's Consultant Profile.

Virginia Rhodes, Ed.D. has an extensive background in public schooling with over 35 years of experience in duty and standard of care: teacher, principal, hiring, supervision, evaluation and instruction in K-12 settings. Her research and role as an elected school board member in a large city district informs her expertise in school policy and district administrative and teaching functions. Dr. Rhodes provides expert witness research, reports & testimony for districts and law firms, working with both plaintiff and defense cases. Dr. Rhodes' services are available nationally and internationally, as she is culturally competent, and travels regularly, presenting at conferences and observing schools. Previous cases have included student injury & death, religious/race, disability discrimination, wrongful termination, sexual abuse, physical abuse of children with multiple abilities, administrative supervision, teacher supervision, actions of paraprofessionals including teacher assistants, security guards, and school resource officers, as well as school evaluations & recommendations for school selection in domestic cases. 

Areas of school-related expertise include:

• Disciplinary policy & practices
• Standard of care and duty for administrative, teachers, paraprofessionals, support staff
• Safety issues: accidents, health & other safety and emergency procedures
• Physical and/or sexual abuse of students by staff or peers
• Teacher & administrator personnel issues: hiring/firing/discrimination/training/evaluation
• School climate, culture, SEL (social-emotional learning), trauma-informed practice
• Diversity, Equity & Inclusion (DEI) issues or incidents within both personnel and student settings
• Challenges of hIgh-poverty schools & districts
• Urban school research & new trends in teacher leadership
• Issues involving STEM, environmental, magnet, and other specialty programming
• Deposition & court testimony, document review & analysis
• Innovative & 21st-century practices vs. typical or common but unacceptable practices

View Dr. Rhodes' Consulting Profile.

Dr. John F. Doherty is an experienced Public and Private School Educator who has focused his work on improving schools through effective hiring practices, supervision and training of staff, and building a school culture of sustainability. In his current role, he serves as a School Liability Expert Witness.

Dr. Doherty has over 35 years of experience as a superintendent, assistant superintendent, principal, assistant principal, department chair, coach, and teacher. He is the co-chair of the Massachusetts Department of Education Safe and Supportive Schools Commission and chair of the Massachusetts Association of School Superintendents Professional Development Committee.

Litigation Support - Dr. Doherty provides consultation and expert witness services to plaintiff and defendant attorneys throughout the US and Canada. As a court-qualified education administration and supervision expert, he applies his experience, education, and training to the review and analysis of cases to determine the professional standard of care from case inception to resolution, including expert reports, deposition, and trial testimony.

Ideal Client Engagement - Attorneys litigating matters involving the question of liability for school or youth-serving agencies (daycare, camps, aftercare, church childcare) regarding the standard of care, student-supervision, staff training, in any type of injury or incident involving the school/agency, such as wrongful death, personal injury, sexual harassment/abuse, Title IX, Section 1983, in daycare through college/university and more.

Areas of Expertise: