Archived Client Memoranda

Archived Memoranda

FFEDLAW Memo re LIPA PILOT and 2017-18 Tax Levy Cap Calculation.
February 27, 2017.
A number of our client school districts have raised questions about the LIPA PILOT statements received from Nassau County for the 2016-17 school year and whether those statements reflect the amount of LIPA PILOTs that should be used for purposes of calculating the District’s tax levy limit for 2017-18.
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Amendments to Local School District Wellness Policies.
February 24, 2017.
This is to inform you that the Food and Nutrition Service of the United States Department of Agriculture has released its final rule regarding wellness policies under the Healthy, Hunger-Free Kids Act of 2010 ("Kids' Act"). A wellness policy is a written document that guides a school district's efforts to establish a school environment that promotes student health and well being, as well as an ability to learn. Most of you originally adopted a wellness program policy in 2006, and revised it in 2010 to comply with the Kids' Act.
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Transgender Guidance Rescinded by the U.S. Departments of Education and Justice’s Offices of Civil Rights
February 23, 2017.
As you may know, in late June 2015, Governor Andrew Cuomo expressed his “outrage” over what he viewed as the State Education Department’s (“SED”) “failure to implement and monitor the provisions of the Dignity For All Students Act (“DASA”) relating to gender identity and expression.” In response, on July 20, 2015, the State Education Commissioner released guidance aimed to ensure that transgender and gender noncomforming (“GNC”) students have “a safe and harassment-free” school environment. SED’s guidance (attached for your convenience), is intended to promote an “educational environment that is safe and free from discrimination . . . and to facilitate compliance with local, state and federal laws concerning bullying, harassment, discrimination and student privacy.”
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Transgender Guidance Issued by the State Education Department
Additional Information Regarding Participation by Transgender Students in Athletics

New Laws Regarding School Budgets and Finances.
February 23, 2017.
This memorandum provides information about recent amendments to the Education Law, effective July 1, 2017, that relate to reserve funds, school finances, annual budgets and multi-year financial plans. The amendments were designed to increase transparency in school district fiscal operations. Set forth below is a summary of each major change.
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NYSHIP Policy Memorandum No. 122r3
February 17, 2017.
This memorandum updates the status of litigation over NYSHIP Policy Memorandum No. 122r3 (“122r3"). As you will recall, 122r3 prohibited health insurance opt-out payments to employees who retain NYSHIP coverage through a spouse or parent.
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Undocumented Students.
February 16, 2017.
This memorandum is to review a school district’s responsibility to educate all children who reside in the geographic boundaries of the school district, regardless of immigration status. Recently, enforcement actions by U.S. Immigration and Customs Enforcement (“ICE”), the federal agency responsible for immigration, have received greater media scrutiny. With this scrutiny, we have begun to receive a number of questions as to how school administration should respond to this rapidly evolving situation.
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Undocumented Students attachement

2016-17 Application for 1% Cap Exception
February 08, 2017.
This memorandum is to alert you to the recently released application from the New York State Education Department ("SED") regareding how to report student alternate assessment scores. As background, under the federal Elementary and Secodary Education Act ("ESEA"), a school district is limited in the number of students it can count as "proficient" using alternate achievement testing. Generally, alternate achievement assessments are used to evaluate the performance of those students whose disabilities are so significant that they are unable to participate in New York State assessments, even with accomodations.
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Child Abuse Reporting
January 31, 2017.
This memorandum provides information about recent amendments to the Commissioner’s Regulations pertaining to child abuse reporting. 8 N.Y.C.R.R. §100.2(nn). The purpose is to increase awareness and make it easier for members of the school community to report allegations of suspected child abuse or maltreatment.
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Epinephrine Auto-Injectors and School Health Services
January 25, 2017.
This memorandum provides information about recent amendments to New York State laws and regulations pertaining to epinephrine auto-injectors, such as EpiPen or EpiPen Jr., in the school setting. Effective March 28, 2017, the amendments will simplify the existing requirements for the maintenance and use of epinephrine auto-injectors in schools and other public places. See N.Y. Pub. Health Law §§3000-a, 3000-c and 8 N.Y.C.R.R. Part 136. An overview of each major change is set forth below.
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Optional Headgear for Girls’ Lacrosse
January 20, 2017.
This memorandum provides information about a new rule regarding the use of headgear by participants in interscholastic girls' lacrosse. For several years, except for goalkeepers, the use of headgear in girls' lacrosse has been optional. This continues to be the case; however, the New York State Public High School Athletic Association ("NYSPHSAA") recently amended its rules for girls' lacrosse to include the following provision: "Rule 2 Section 10: Effective January 1, 2017, the only optional headgear allowed for use must meet the new ASTM1 standard, F31317."
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Education Law, Labor and Employment
January 11, 2017.
As an education law firm that is AV Preeminent® rated by Martindale-Hubbell®, Frazer & Feldman, LLP offers strong general, special education, and labor counsel services, as well as a pro-active approach in advising clients.
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2017 Annual Election and Budget Vote Materials.
January 10, 2017.
As you know, on January 10, 2017, our office presented a legal seminar to provide our clients with information about the 2017 Annual Election and Budget Vote. For your information, attached please find a copy of the legal outline entitled “A Primer on School District Elections,” which was distributed to all of our attendees during the seminar.
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A PRIMER ON SCHOOL DISTRICT ELECTIONS

A Monthly Synopsis of Salient Cases in Special Education
December 27, 2016.
In this installment of the Attorney’s Corner, we review a federal court decision, three NYSED Office of State Review (SRO) decisions, a State Educational Agency decision from Massachusetts, and an OSEP policy guidance letter.
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Testing Accommodations for Grades 3-8 ELA Assessments.
December 1, 2016.
This memorandum provides information about recent guidance from the New York State Education Department ("NYSED") regarding updates to the testing accommodation "tests read" for students with disabilities.' This guidance, issued on November 22, 2016, replaces prior NYSED guidance concerning testing accommodations for students with disabilities on the Grades 3-8 NYS English Language Arts ("ELA") Assessments.
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Preliminary Injunction Staying Changes to the U.S. Department of Labor's Overtime Rule
November 30, 2016.
As you may recall, we sent a Client Memorandum regarding "Changes to the U.S. Department of Labor Overtime Rule" on June 1, 2016. This memorandum is to advise you that the rule change, which was scheduled to go into effect on December 1, 2016, was stayed by the issuance of a preliminary injunction on November 22, 2016. State of Nevada, et al v. United States Department of Labor, et al., 2016 WL 6879615.1 The rule would have raised the threshold amount that disqualifies executive, administrative and professional salaried employees from overtime pay eligibility to $913 per week or $47,476 per year. In addition, the rule would have raised the total annual salary threshold for highly compensated employees who regularly perform at least one of the duties or responsibilities of an exempt executive, administrative or professional employee to $134,004.
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Annual District Election and Budget Vote Seminar - Save the Date.
November 29, 2016.
This is to inform you that we will be holding our annual seminar on School District Elections for all Superintendents, Administrators, Board of Education members and District Clerks who would like to attend. Topics to be covered will include pertinent dates for the 2017 annual district election, legal notice requirements, submission of propositions, voter qualifications, absentee and affidavit ballots, campaigning and electioneering, budget issues, recent Commissioner's decisions and other quirky election-related items.
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Read All About It! July, 2016
July 2016.
In this installment of the Attorney’s Corner, we review some of the more peculiar SRO decisions issued so far this calendar year, as well as provide an update on two recent matters presently before the U.S. Supreme Court.
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Cold War Veterans Exemption.
October 26, 2016.
This client memorandum provides additional information regarding the Cold War Veterans school tax exemption and the procedures to be followed for holding public hearings. We have also attached a chart showing the range of maximum exemption limits which may be adopted by school boards and a model resolution for authorizing the exemption.
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Electronic Notice Under the Open Meetings Law.
October 24, 2016.
This client memorandum provides information about a recent law that allows school districts to expand school property tax exemptions to Cold War veterans. Previously, only veterans who served during certain designated military conflicts were eligible for a school property tax exemption, if authorized by the local school board in accordance with the Real Property Tax Law ("RPTL"). Effective August 19, 2016, RPTL §458-b was amended to allow school districts to offer a real property tax exemption to Cold War veterans as well.
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Electronic Notice Under the Open Meetings Law.
October 14, 2016.
This memorandum provides information about an amendment to the Open Meetings Law(“OML”) regarding the provision of public notice of school board meetings. As you know, whenever a public meeting has been scheduled more than one week in advance, notice of the meeting must be given to the news media and posted conspicuously in one or more designated public locations at least 72 hours before the meeting. For any meeting that has been scheduled less than one week in advance, public notice must be given to the news media “to the extent practicable,” and posted conspicuously within a “reasonable amount of time” prior to the meeting. Public Officers Law §104(2). When videoconferencing will be used, the public notice must state as much, identify the locations for the meeting, and state that the public has the right to attend the meeting at any of the locations. Id., §104(4).
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U.S. Department of Education and White House Guidance Regarding Sexual Assault in Schools.
October 13, 2016.
Last week, we issued a memorandum advising our clients that the United States Department of Education (“DOE”) and the White House Task Force to Protect Students from Sexual Assault (“Task Force”) released guidance documents highlighting issues for school districts to consider when developing sexual misconduct policies. In our memorandum, we recommended that you revisit your sexual harassment policies to ensure that they comply with intent and spirit of this new guidance, and indicated that we would follow-up with a sample policy.
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Revised Sex Assault Policy

Recent U.S. Department of Education and White House Guidance Regarding Sexual Assault in Schools
October 5, 2016.
This is to advise you that the United States Department of Education (“DOE”) and the White House Task Force to Protect Students from Sexual Assault (“Task Force”) recently released guidance documents highlighting issues for school districts to consider when developing sexual misconduct policies, and reminding districts of their responsibilities and obligations under existing federal law.
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LLP regarding Lead Testing in Schools
September 13, 2016.
This is a follow-up to our June 29, 2016 client memorandum which provided information about a new law requiring school districts to test their potable water systems periodically for lead contamination. See Public Health Law §1110; Education Law §§3602 and §1950. While the new law does not go into effect until December 5, 2016, the State Department of Health (“DOH”) recently issued implementing regulations on September 6, 2016 that are effective immediately. Set forth below is an overview of the new regulations, including their fast-approaching compliance deadlines.
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Preparation for 2017 Annual Election and Budget Vote
September 1, 2016.
The followsing is intended to provide an outline of pertinent election dates for the May 16, 2017 Annual Election and Budget Vote. Please note that we will host our annual election workshop in mid January, at which time we will address all elements of the school district election process, review the latest decisions of the Commissioner, and answer any all questions you may have. We will notify you of the date and time of the workshop in early December. In the meantime, please review the following and let us know if you have any questions or concerns.
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Update - FFEDLAW Memo re LIPA PILOT Lawsuit
September 1, 2016.
In our August 25, 2016 update we advised that we and counsel for the other school district parties had asked for the date of a previously scheduled conference with the Court to be advanced. We did this in light of recent information that LIPA and the County wished to modify certain provisions of the approved settlement agreement. Our request was granted and we met with Justice Marano and opposing counsel yesterday and today.
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FFEDLAW Memo re LIPA PILOT Lawsuit
August 25, 2016.
As you will recall, in late June we advised all of our Districts that a settlement of the LIPA litigation had reached and the terms of the settlement agreement worked out with all counsel and with the Court's imprimatur. By the middle of July all 55 school district parties had formally approved that settlement agreement. The attorneys for LIPA, Nassau County, and PSEG LI were thereafter provided with documentation of that fact.
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Recent U.S. Department of Education Guidance regarding ADHD and Positive Behavioral Supports
August 18, 2016
This is to inform you two important Dear Colleague letters recently issued by the U.S. Department of Education (DOE) regarding: (1) the obligation of school districts to provide students diagnosed with attention-deficit/hyperactivity disorder (ADHD) with equal educational opportunities under Section 504: and (2) the requirement that school districts provide positive behavioral supports to students with disabilities.
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ADHD Attachment

McKinney-Vento Homeless Assistance Act (“McKinney-Vento”)
August 17, 2016
This memorandum provides information about changes to the McKinney-Vento Homeless Assistance Act (“McKinney-Vento”) that will be made by the Every Student Succeeds Act of 2015 (“ESSA”). Effective October 1, 2016, ESSA will expand transportation requirements for formerly homeless students, enhance access to preschool, and implement privacy protections for students who are experiencing homelessness, among other things.
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Update - Administration of Opioid Antagonists in School
August 1, 2016
If you recall, in August 2015, our office distributed a client memorandum regarding a change to the Commissioner's Regulations and the Education Law which established standards for the provision, maintenance and administration of opioid antagonists by school districts......
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Addressing the Needs of Transgender Students in Schools
August 1, 2016
Transgender students and how to address their unique educational needs in a school setting is a topic that has been in the forefront of the news of late. This can be credited to the U.S. Department of Education's Office of Civil Rights ("OCR") December 2014 opinion letter "Questions and Answers on Title IX and Single-Sex Elementary and Secondary Classes and Extracurricular Activities."......
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Changes to the Commissioner's Regulations Regarding One-to-One Aides and Other Special Education Programs
July 19, 2016
The New York State Board of Regents recently approved amendments to the Commissioner's Regulations regarding, among other things, the provision of one-to-one aides for preschool and school aged students with disabilities......
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One to One Aides Q+A

New Amendments to the APPR Regulations
July 18, 2016
This memorandum provides information about recent amendments to the State Regulations pertaining to transition annual professional performance reviews ("APPRs") of classroom teachers and building principals, which were created in order to avoid using State assessment results......
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APPR Compliance Delay
June 29, 2016
This client memorandum provides information about a new law that extends the deadline for obtaining approval from the State Education Department ("SED") for annual professional performance review ("APPR") plans of classroom teachers and building principals under Education Law §3012-d. The new law extends......
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Lead Testing in Schools
June 29, 2016
This client memorandum provides information about a new law requiring school districts to test their potable water systems periodically for lead contamination. See Public Health Law §1110; and Education Law §§3602 and §1950......
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Amended Procedural Safeguards Notice
June 24, 2016
NYSED has published a new Procedural Safeguards Notice: Rights for Parents of Children with Disabilities, Ages 3-21 ("Notice"). Districts must begin using the amended Notice immediately......
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Superintendent Determination of Graduation with Local Diploma
June 23, 2016
NYSED's Board of Regents recently adopted emergency amendments to part 100 of the Commissioner's Regulations requiring superintendents to make local determinations whether a student classified with a disability meets the standards for a local diploma......
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Recent Second Circuit Case – A Pattern of Procedural Errors Denies FAPE
June 15, 2016
This memo is to inform you of a recent federal appellate court decision in, L.O. ex rel K.T. v. New York City Dep't of Educ., F.3d -, 2016 WL 2942301 (2d Cir., May 20, 2016), which highlights the importance of ensuring that a child's IEP is developed in accordance......
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NYSHIP Policy Memorandum 122r3
June 10, 2016
This memorandum provides information about recent developments involving NYSHIP Policy Memorandum 122r3, which prohibited the payment of declination payments to employees who opted out of NYSHIP health insurance coverage while being covered by NYSHIP through a spouse or parent......
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Changes to the U.S. Department of Labor's Overtime Rule
June 1, 2016
This memorandum provides information about recent changes to the U.S. Department of Labor's ("DOL") overtime rule under the Fair Labor Standards Act......
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CPS Interviews at School
May 26, 2016
On May 23rd, the New York State Social Services Commissioner promulgated emergency regulations, effective immediately, to address concerns regarding in-school interviews of students conducted by Child Protective Services ("CPS") without parental knowledge or consent, and/or without a court order......
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Expansion of CDOS Graduation Pathway to General Education Students
May 16, 2016
This memorandum provides you with information regarding a recent emergency amendment to the regulations concerning high school diplomas and the Career Development and Occupational Studies ("CDOS") Commencement Credential......
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Attorney Attendance at CSE Meetings
April 14, 2016
This memorandum is to alert you of a recent advisory opinion issued by the U.S. Department of Education concerning an attorney's attendance at special education meetings......
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Testing Accommodations Update April 1
April 1, 2016
This memorandum is to alert you to NYSED's updated policy on testing accommodations. This update follows the issuance of the New York Common Code Task Force's Final Report......
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LIPA PILOT Lawsuit - Update 2-24-16
February 24, 2016
We are writing to update you on the LIPA lawsuit and are pleased to report that the Court has granted a significant portion of our requested interim relief. Specifically, Justice Anthony Marano yesterday ordered LIPA to immediately pay the full amount of the payments in lieu of taxes ("PILOTs").......
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Testing Accommodations Update
February 23, 2016
This memorandum is to alert you to NYSED's updated policy on test accommodations following the issuance of the New York Common Core Task Force's ("Task Force") Final Report and passage of the Every Student Succeeds Acts ("ESSA").......
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LIPA PILOT Litigation
February 8, 2016
This memorandum is to update you on the status of the legal action against Nassau County and LIPA in connection with LIPA's payments in lieu of taxes ("PILOTs"). We returned to court last Thursday, February 4, 2016, to present our case for initial temporary relief against the County and LIPA.......
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Status Quo Letter - Bellmore UFSD v. Nassau County (Index No. 2016-710)

Municipal Restructuring Fund
February 8, 2016
This memorandum is to alert school districts to the creation of the "Municipal Restructuring Fund," ("MRF"), a program recently enacted by Governor Cuomo which provides a $25 million pool of grant money for local governmental entities. The goal of the MRF is to.......
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Legal Leaders 2015
Frazer & Feldman is proud to announce that Jack and Florence have been recognized by New York Magazine as Legal Leaders-New York Area's Top Rated Lawyers of 2015 in the fields of education, labor and employment law. The recognition is based upon their having achieved the peer reviewed rating of "AV Preeminent" by Martindale Hubbell, the company that has set the standard for lawyer ratings. The AV Preeminent rating is a significant accomplishment and demonstrates that a lawyer's peers have ranked him/her at the highest level of professional excellence.
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2015-16 Application for 1% Cap Exception
January 15, 2016
This memorandum is to alert you to the upcoming April 1, 2016 deadline for the application to seek an exception to exceed the one percent (1%) cap on students counted as postmarked by this date, or submitted electronically or by facsimile.......
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2015-16 Application for 1% Cap Exception

New York Common Core Task Force Final Report
January 12, 2016
This memorandum is to alert you to the recent issuance of the New York Common Core Task Force's ("Task Force") Final Report. Governor Cuomo empowered the Task Force to review New York's adoption and implementation of the.......
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LIPA PILOT Payments
January 12, 2016
This memorandum is to apprise you of the current status of our efforts to work with Nassau County to address a number of issues regarding LIPA PILOT payments and the implementation of the LIPA Reform Act of 2013 ("LIPA Reform Act"). We have been participating in these efforts as part of a group of attorneys representing most, if not all, of the affected Nassau County school districts. Unfortunately,.......
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Registration of Legally Blind Students
January 4, 2016
This memorandum is intended to call your attention to a December 2015 Special Education Field Advisory issued by the State Education Department ("SED") entitled "Annual Registration of All New Students Classified as Legally Blind for Procurement of Adapted Educational Materials Produced by the American Printing House for the Blind.".......
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Least Restrictive Environment Guidance ("LRE")
December 31, 2015
The State Education Department issued a Special Education Field Advisory Memo this month entitled "School Districts' Responsibilities to Provide Students with Disabilities with Specially-Designed Instruction and Related Services in the Least Restrictive Environment." The Field Advisory includes a proposed policy concerning the district's collection and analysis of Least Restrictive Environment data.......
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The Every Student Succeeds Act of 2015
December 29, 2015
This memorandum is to alert you to the recent passage of the Every Student Succeeds Act ("ESSA" or "the Act")1 by Congress. The President signed ESSA into law on December 10, 2015. ESSA essentially replaces the No Child Left Behind Act, which was passed over a decade ago, and represents a major overhaul of federal education law. While ESSA deals mainly with the responsibilities of state educational.......
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"Transition" APPRs
December 18, 2015
Effective December 31, 2015, two new State Regulations were passed to create "transition" annual professional performance reviews ("APPRs") of classroom teachers and building principals that avoid using State assessment results. See 8 NYCRR §§30-2.14 and §30-3.17. The purpose of the new Regulations is to ensure that there will be no consequences for teachers and principals related to the.......
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SED - Regents Regs 30-2.14 and 30-3.17 - APPR Transition Ratings

Dear Colleague Letter: Academic Content Standards for IEPs
December 15, 2015
This memorandum is to alert you to a recent Dear Colleague Letter issued by the U.S. Department of Education ("DOE") that concerns academic content standards for students with individualized education programs ("IEPs"). Specifically, the Dear Colleague Letter states that special education instruction must be designed so that a special education student can meet academic content.......
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Exemption from CPR Instruction Requirements for Students with Disabilities
December 15, 2015
This memorandum is to alert you to a recent amendment to the Regulations of the Commissioner of Education regarding instruction in cardiopulmonary resuscitation ("CPR") and the use of Automated External Defibrillators ("AEDs") for students with disabilities. As you may know, students in grades 9 through 12 must complete CPR/AED training at least once prior to graduation. Such instruction.......
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Annual District Election and Budget Vote Seminar - Save the Date
December 2, 2015
This is to inform you that we will be holding our annual seminar on School District Elections for all Superintendants, Administrators, Board of Education members and District Clerks who would like to attend.......
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IEP Facilitation Pilot Program
October 22, 2015
This memorandum is to alert you to a new three year pilot program being offered by the State Education Department ("SED") whereby parents and school districts can now engage in a voluntary early dispute resolution process called "IEP Facilitation." This new program allows parents and school districts to invite a neutral third party to participate in a CSE/CPSE meeting to help the parties.......
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IEP Facilitation Request Form
Agreement to Participate in IEP Facilitation Form

Preparation for 2016 Annual Election and Budget Vote
October 5, 2015
In accordance with Education Law §§2002(1) and 2022(1), your next Annual Meeting and Election is scheduled to be held on Tuesday, May 17, 2016, at which time your district's budget for the 2016-2016 school year will be voted on and candidates elected for positions on the Board of Education.......
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CPS Interviews at School
October 1, 2015
This memorandum is a follow-up to our September 28, 2015 memorandum entitled, "Child Protective Services Student Interviews," which discussed the new federal district court case, Phillips v. County of Orange, 10-CV-00236 (SHS) (August 19, 2015).1 Generally, we recommend that school districts proceed with caution when considering whether to grant requests from Child Protective Services......
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Child Protective Services Student Interviews
September 28, 2015
This memorandum is to alert you to a recent federal court decision in which the Southern District of New York held that a school district may face liability when it allows employees of Child Protective Services ("CPS") and/or the police to interview a student about suspected child abuse without parental notification or consent and without a lawful court order.......
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CDOS Informational Brochures for Parents and Businesses
September 22, 2015
This memorandum provides you with information regarding recent information published by the New York State Education Department ("SED"), Office of Special Education, regarding the Career Development and Occupational Studies ("CDOS") Commencement Credential. As you are aware, the CDOS may be awarded upon high school commencement to qualifying students who receive special education......
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CDOS Business Brochure
CDOS Parent Brochure

Alternative Transportation Options in the Event of a School Bus Strike
September 9, 2015
As you know, generally, school districts are required to transport all students in grades kindergarten through 12 in accordance with statutory or voter adopted distance limitations, including those attending nonpublic schools, special education placements and charter schools. Education Law §§2853(4)(b) and 3635. Consistent with this obligation, the State Education Department......
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SED Memo on Baumann Bus

Updated Department of Health Regulations for Immunizations
September 1, 2015
This memorandum is to alert you to the recent changes to the Regulations of the Department of Health regarding immunizations for public school students. Under the new Regulations, effective September 1, 2015, all students entering grades kindergarten through 12 must receive several vaccines before they can be admitted to school. As you may recall, our office sent out a......
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2015-16 School Year New York State Immunization Requirements for School Entrance/Attendance
View Immunizations Update 2/9/15

Administration of Opioid Antagonists
August 19, 2015
This memorandum is to alert you to the recent addition of Section 136.8 to the Commissioner's Regulations and Section 922 of the Education Law, both which establish standards for the provision, maintenance and administration of opioid antagonists by school districts as necessary for the preservation of the general welfare. Properly trained school district employees are......
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Additional Information Regarding Participation by Transgender Students in Athletics
August 6, 2015
The purpose of this memorandum is to update our July 29, 2015 correspondence reviewed guidelines adopted by the New York State Education Department ("SED") aimed to ensure that transgender and gender nonconforming ("GNC") students have "a safe and harassment-free" school environment. As we indicated in our memorandum, SED's guidelines ("Guidance to School Districts......
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United States Department of Education's Response to New York State Education Department Waiver Requests
August 4, 2015
This memorandum provides you with a summary of a recent decision from the United States Department of Education ("DOE") regarding requested waivers under Title I of the Elementary and Secondary Education Act ("ESEA"). New York's Acting Commissioner of Education, Elizabeth Berlin, requested waivers to allow New York to exempt English language learners.....
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Commissioner's Decisions Regarding Boycotting of Student Assessments
July 30, 2015
As you know, we have previously provided memoranda regarding the authority of school districts to require students to participate in state and local assessments, as well as the potential consequences that may befall districts that fail to obtain adequate student participation in such assessments. This is to inform you that the Commissioner of Education......
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Transgender Guidance Issued by the State Education Department
July 29, 2015
As you may know, in late June 2015, Governor Andrew Cuomo expressed his "outrage" over what he viewed as the State Education Department's ("SED") "failure to implement and monitor the provisions of the Dignity For All Students Act ("DASA") relating to gender identity and expression." In response, on July 20, 2015, the State Education Commissioner.....
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View Guidance to School Districts for Creating a Safe and Supportive School Environment For Transgender and Gender Nonconforming Students JULY 2015

OSEP Opinion Letter – Independent Educational Evaluations at Public Expense
July 27, 2015
This memorandum provides you with information concerning a recent opinion letter from the United States Department of Education's Office of Special Education Programs ("OSEP") concerning requests for Independent Educational Evaluations ("IEE"). As you know, an IEE is an evaluation of a student with a disability or a student suspected of......
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The New APPR Regulations – An In-Depth Review
July 27, 2015
This memorandum provides an in-depth review of new emergency regulations that were adopted on June 15, 2015 in order to implement the new annual professional performance reviews ("APPRs") for teachers and principals under Education Law §3012-d. As you may recall, earlier this year, Education Law §3012-d was enacted as part ("Act").....
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Second Circuit Decision Regarding a District's Obligation to Provide FAPE When a Student is Unilaterally Placed in a Private School
July 16, 2015
This memorandum provides you with information regarding a recent decision of the Second Circuit Court of Appeals, Doe v. East Lyme Board of Educ., 2015 WL 3916265 (2d Cir. 2015). In this case, the Court answered the question of whether a public school district is responsible for developing an individualized education program ("IEP") for a student.....
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Recent Ninth Circuit Decision Regarding the IDEA and FAPE
July 8, 2015
This memorandum provides information on a recent decision of interest from the Ninth Circuit Court of Appeals. In M.M. v. Lafayette Sch. Dist., 767 F.3d 842 (9th Cir. 2014), the court held that a school district violated the IDEA and denied a student FAPE when it failed to provide his parents with his RtI data......
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FOIL "Media Request" from American Transparency
July 6, 2015
It has come to our attention that many of our client school districts recently received an email Freedom of Information Law ("FOIL") request from an entity calling itself "American Transparency." The request asks that a copy of the following records be electronically transmitted to.....
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New Tenure Regulations and Model Resolution
June 25, 2015
This memorandum provides an overview of new emergency regulations that were adopted on June 15, 2015 in order to implement the new law extending the traditional three-year probationary period for newly hired teachers under the "Education Transformation Act of 2015" ("Act"). These new emergency regulations are effective July 1, 2015, and will apply to all probationary.....
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View Model Proationary Appointment Resolution

Ohio v. Clark: Teachers Who Report Suspected Cases Of Abuse Are Not Agents of Law Enforcement
June 24, 2015
This memorandum provides you with information on a recent decision of the United States Supreme Court, Ohio v. Clark, 576 U.S. __ (2015), which involved teacher reports of suspected child abuse. One of the issues resolved by the Court was whether a teacher, who is required to report instances of child abuse by statute, should be considered an agent of law.....
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SED Guidance for Evaluating Students with High Cognition
June 11, 2015
This memorandum provides you with an update of our June 3, 2015 memo entitled, "Twice Exceptional Students and Specific Learning Disabilities" (see attached). The New York State Education Department ("SED") recently issued a Field Advisory on the same issue regarding public school district obligations to evaluate all students suspected of having a disability.....
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Twice Exceptional Students and Specific Learning Disabilities
June 3, 2015
This memorandum provides you with information contained in a recent United States Department of Education, Office of Special Education and Rehabilitative Services ("OSEP") letter concerning twice exceptional students (Letter to Delisle). Twice exceptional, or "2E," refers to students who are both gifted (i.e., possessed with very superior cognitive ability.....
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Selecting and Appointing Impartial Hearing Officers
May 6, 2015
This memorandum provides you with information contained in a recent New York State Education Department ("SED") Special Education Advisory regarding the selection and appointment of Impartial Hearing Officers ("IHOs"). As you know, each school district must keep a rotational selection list of IHOs that have been approved by the Board of Education.....
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New APPR Laws under the "Education Transformation Act of 2015"
April 30, 2015
This memorandum is the third in our series of client memoranda that will provide information about new laws that were enacted as part of the 2015-2016 State Budget, which was adopted on April 1, 2015 (S.2006-B/A.3006-B). As you know, the 2015-2016 Budget included the "Education Transformation Act of 2015" ("Act"). Among other things, the Act included a.....
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Update: SED Statement on New Probationary Term Provisions
April 23, 2015
Earlier this week, we sent out a memorandum that discussed the probationary term periods for newly hired teachers under the "Education Transformation Act of 2015" ("Act").1 As you know, under the new law, probationary teachers who are appointed on or after July 1, 2015 shall be appointed to a probationary period of four (rather than three) years.....
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View April SED Statement

Additional Information Regarding the New Tenure Laws
April 21, 2015
This memorandum is the second in our series of client memoranda that will provide information about new laws that were enacted as part of the 2015-2016 State Budget (S.2006-B/A.3006-B). As you know, the 2015-2016 Budget included the "Education Transformation Act of 2015" ("Act"), which, among other things, provides school districts with.....
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Updated Student Enrollment Regulations
April 16, 2015
This memorandum is to inform you about the latest amendments to the Commissioner's Regulations regarding student residency, registration and enrollment. As you may recall, on December 16, 2014, the Board of Regents adopted several major amendments to these Regulations as an emergency measure. On April 14, 2015, the Board of Regents adopted yet.....
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New Tenure Laws under the "Education Transformation Act of 2015"
April 10, 2015
This memorandum is the first in our series of client memoranda that will provide information about new laws that were enacted as part of the 2015-2016 State Budget, which was adopted on April 1, 2015 (S.2006-B/A.3006-B). The 2015-2016 Budget included the "Education Transformation Act of 2015" ("Act"), which is designed to implement significant.....
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New Regulations Regarding Epinephrine Auto-Injectors
April 1, 2015
This client memorandum provides information about the provision, maintenance and use of epinephrine auto-injectors, such as EpiPen or EpiPen Jr., in the school setting. As you may know, an epinephrine auto-injector is an automated delivery device that is approved by the U.S.Food and Drug Administration for injecting a measured dose of.....
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Revised FMLA Regulations
March 26, 2015
This memorandum is to inform you about revised Regulations that provide a new definition of "spouse" under the Family Medical Leave Act of 1993 ("FMLA"). As you may know, FMLA is a federal law that requires school districts to provide up to 12 weeks of unpaid leave to eligible employees for certain medical or family care purposes within a 12-month period.....
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View § 825.102 Definitions

Athletic Placement Process
March 24, 2015
This memorandum is to inform you about a revised athletic placement process for interscholastic athletics, effective for the Fall 2015 season. The New York State Education Department ("SED") recently issued a guidance document entitled "Athletic Placement Process for Interschool Athletic Programs." In that document, SED sets forth new and revised standards.....
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Effective Communication for Students with Hearing, Vision, or Speech Disabilities
March 9, 2015
This memorandum provides you with information regarding a recent "Dear Colleague" letter that was jointly issued by the United States Department of Justice ("DOJ") and the United States Department of Education, Office of Civil Rights ("OCR"). It summarizes the responsibilities of public school.....
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Information About Special Education Upon Entry to School
February 11, 2015
We recently issued a client memo entitled "Information About Special Education Upon Entry to School" that is attached again to this email for your review. The memo discussed an amendment to Section 4402 of the Education Law that requires school districts to notify parents of their right to.....
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View Sample Parent Letter

Information About Special Education Upon Entry to School
February 11, 2015
This memorandum provides you with information regarding the recent change in Section 4402 of the Education Law that will go into effect on July 1, 2015. This amendment will require public school districts to notify parents of student rights regarding referral and evaluation for.....
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Frequently Asked Questions regarding School Immunization Laws
February 9, 2015
This memorandum provides information about the State laws that require students to be immunized against certain diseases before they can enroll in public schools. As you may know, in New York, public schools must exclude students who have not been immunized in accordance with State vaccination.....
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ELL Students Federal Guidance
January 9, 2015
This memorandum provides information on recent federal guidance regarding English Language Learners ("ELLs").
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English Language Learners
January 7, 2015
This memorandum provides information on amendments to the Commissioner's Regulations, 8 N.Y.C.R.R. Part 154, regarding requirements for identifying and educating English Language Learners ("ELLs"), and new procedures for identifying ELLs as students with disabilities.....
Click to Read More about this client memo School Closings for Religious Holidays and Observances
December 26, 2014
This memorandum provides information regarding a recent amendment to Education Law §3210, which permits school districts to close on days where a large number of students will likely not be in attendance due to a religious holiday or observance. The new law was passed on December 17, 2014 and is effective immediately.......
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Student Enrollment Emergency Regulations
December 19, 2014
This memorandum is to inform you about new emergency State Regulations enacted to help ensure that children are admitted into public school in accordance with applicable federal and state laws. These Regulations were adopted by the Board of Regents as an emergency measure on December 16, 2014, and amend section 100.2(y) of the Commissioner's Regulations. The Regulations, intended to......
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Disease Outbreaks in the School Setting
December 2, 2014
This memorandum provides you with guidance to help school districts respond effectively in the event of a potential outbreak of a highly infectious disease, such as the ebola virus. As you may know, the State Department of Health ("DOH") and State Education Department ("SED") recently issued a related guidance document ("joint guidance"), which is enclosed for your convenience......
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Click to Read More about Guidance on the Ebola Outbreak

Obligations of Public Schools to Address Bullying of Students with Disabilities
November 18, 2014
This memorandum provides you with information contained in a recent "Dear Colleague" letter dated October 21, 2014 and issued by the United States Department of Education, Office of Civil Rights ("OCR"). Specifically, the letter discussed public schools' responsibilities in addressing bullying of students with disabilities.....
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Health Care Reform, Part XI: Reminders and Resolutions
November 12, 2014
This memorandum is the eleventh of our series of client memoranda that address the federal health care reform laws that have become known collectively as the Affordable Care Act ("ACA"). As you know, ASA has imposed major requirements on individuals, health insurance plans and "large employers," including.....
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Download BOE Resolution to Adopt ACA Look-Back Method Periods 2014-15 Annotated Version
Download BOE Resolution to Adopt ACA Affordability Safe Harbors 2014-15 Annotated Version 2

The Role of the Committee on Special Education in Relation to the Common Core Learning Standards
October 23, 2014
This memorandum provides you with information contained in a recent New York State Education Department ("SED") Special Education Field Advisory containing the role of the Committee on Special Education in Relation to the New York State P-12 Common Core Learning Standards ("Common Core").
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New York State Credential for Providers of Applied Behavior Analysis to Individuals with Autism Spectrum Disorder
October 8, 2014
On July 1, 2014, Education Law §8800 et seq. went into effect and created a new state credential for applied behavior analysis (ABA) providers. The credential permits providers with the necessary academic and training requirements to provide ABA services to individuals with autism spectrum disorders (ASD) in home and community settings.
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Preparation for 2015 Annual Election and Budget Vote
October 7, 2014
In accordance with Education Law §§2002(1) and 2022(1), your next Annual Meeting and Election is scheduled to be held on Tuesday, May 19, 2005, at which time your district's budget for the 2015-2015 school year will be voted on and candidates elected for positions on the Board of Education.
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Parent Bill of Rights
August 8, 2014
As you may be aware, as part of the Common Core Implementation Reform Act Education Law Section 2-d was adopted to insure the protection of student data. On July 29, 2014, the New York State Education Department ("SED") issued guidance regarding certain provisions of Education Law Section 2-d that school districts should be aware of.
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New Second Circuit Decision Regarding Retrospective Testimony in Impartial Hearings
July 31, 2014
Last summer, we distributed a memorandum about a Supreme Court ruling denying a request to review a Second Circuit Court of Appeals ("Second Circuit" or "the Court") decision in a case with a significant impact on Individualized Education Program ("IEP") development.
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SED Q&A Regarding Impartial Hearing Procedures
May 16, 2014
The State Education Department ("SED") has released a Q&A document concerning the amendments to the Regulations concerning Impartial Hearing Procedures.
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Download Impartial Hearing Procedures Q&A

2014-2015 State Budget Amendments and Education-Related Reforms
May 9, 2014
The attached client memorandum provides information about three different areas of the new 2014-2015 State Budget legislation that directly affect school districts. Specifically, this memorandum covers:
(1) the new "Real Property Tax Freeze Credit" (pps. 2-6);
(2) the new "Common Core Implementation Reform Act" (pps. 6-8); and
(3) new laws seeking to protect the privacy of student data (pps. 8-11).
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Consent for the Initial Provision of Extended School Year ("ESY") Services
May 1, 2014
The New York State Education Department has revised the mandatory Procedural Safeguards Notice to make it consistent with the amendment to the Education Law, which removed the requirement that the District obtain a separate parental consent prior to the initial provision of ESY services to a child.....
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Download Procedural Safeguards Notice April 2014

Student Elopement-Updated Guidance From SED
April 21, 2014
This Memorandum is to inform you of a recent Field Advisory Memo from SED, which updates its November 2013 Field Advisory Memo concerning student elopement. Based upon the updated guidance, we have enclosed the revised policy regarding.....
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Download Special Education Field Advisory

Placements of Students with Disabilities in Approved Out-of-State Residential Schools
April 11, 2014
This memorandum is to inform you about a recent favorable decision from the United States Court of Appeals for the Second Circuit, which ruled that the Board of Education of the City of New York ("Board")1 may bar religious.....
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Placements of Students with Disabilities in Approved Out-of-State Residential Schools
April 4, 2014
As you are developing IEPs for the 2014-2015 school year, you may be considering out-of-State residential placements. This memorandum is to remind you of the District's responsibility to submit timely requests for.....
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SRO Decision - Requests for Independent Educational Evaluations
March 20, 2014
This memorandum provides you with information concerning a recent decision from the Department of Education's Office of State Review ("SRO") concerning requests for Independent Educational Evaluations ("IEE").....
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Legal Presentation on the Family and Medical Leave Act ("FMLA") and the Americans with Disabilities Act Amendments Act ("ADAAA")
March 7, 2014
This memorandum is to advise our clients that, on Tuesday, March 4, 2014, Christie R. Jacobson presented an in-depth legal seminar entitled, "The Family and Medical Leave Act ('FMLA') and the Americans with Disabilities Act Amendments Act ('ADAAA')," for the Long Island Association of School.....
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Download FMLAA and ADAAA Presentation Outline

Nassau County Tax Certiorari Proceedings - Court of Appeals Decision
February 18, 2014
We are pleased to inform you that the New York State Court of Appeals has rejected Nassau County's attempt to repeal the County Guaranty. In the attached decision issued earlier today, the Court affirmed the Appellate Division's decision that the County overstepped its authority by purporting to.....
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Download Court of Appeals Decision

Amendments to the Regulations Governing Impartial Due Process Hearings
February 6, 2014
This memorandum is to inform you that effective February 1, 2014, the Regulations of the Commissioner of Education concerning Impartial Due Process Hearings have been amended. The amendments address the following: certification and appointment of IHOs, consolidation of multiple due process.....
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Veterans' Exemption - Public Notice Requirements
February 6, 2014
On January 17, 2014, we sent a memorandum containing information about the Veterans Exemption. This memorandum is an addendum addressing the procedures to be followed for holding the requisite public hearings.....
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Veterans' Exemption
January 17, 2014
This memorandum is to inform you of an amendment to the Real Property Tax Law that allows boards of education to extend various tax exemptions to certain property owners based on military service.....
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Latest Legal Publication
January 15, 2014
Enclosed please find a copy of the latest article published by Frazer & Feldman, LLP, associate Christie R. Jacobson, Esq. The article is entitled, "Who is an "Applicable Large Employer" Under the Affordable Care Act?" It is featured in the January 2014 Edition of the Nassau Lawyer, which contains.....
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Download "Who is an "Applicable Large Employer" Under the Affordable Care Act?" Article

SRO Decision - ELIJA School Defeated As Overly Restrictive
January 14, 2014
This memorandum is to inform you of a recent, highly favorable Office of State Review ("SRO") decision received by this office, determining that a District's recommended special education program of individualized instruction for a student with autism.....
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Recommended Responses to Boycotting of Student Assessments
December 18, 2013
This memorandum provides information about the broad authority of school districts to require students to participate in state and local assessments, as well as the potential consequences that may befall districts that fail to obtain adequate student.....
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Special Education Field Advisory
November 21, 2013
Tragically, a young student with autism wandered from his school building during the school day in New York City and remains missing. In light of this, I would like to take this opportunity to remind all public and private schools servicing students with disabilities.....
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Student Elopement
November 20, 2013
This memorandum is to inform you of a recent New York State Education Department Field Advisory regarding "Health and Safety Precautions for Students With Disabilities," issued on light of recent elopement case involving a New York City student with autism......
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Superstorm Sandy Assessment Relief Act - Update
November 15, 2013
We have prepared this update for our Nassau County school district clients in light of recent correspondence concerning the Nassau County Assessor's opinions on the Assessment Relief Act and the County Guaranty. James Davis, the Acting County Assessor, has urged all.....
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Superstorm Sandy Assessment Relief Act
November 13, 2013
We have prepared this memorandum to provide our school district clients with information and guidance on the Superstorm Sandy Assessment Relief Act (Chapter 424, Laws of 2013) which was signed into law by Governor Cuomo on October 22, 2013. The Act provides.....
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Download Summary of Legislation Superstorm Sandy Assessment Relief Act

Legal Loop
November 12, 2013
On Thursday, October 31, 2013, 25 Special Education Administrators from many of our school district clients convened for the first in a series of roundtable discussions regarding the latest special education issues (the "Legal Loop").....
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Annual District Election and Budget Vote Seminar - Save the Date
November 4, 2013
This is to inform you that we will be holding a seminar on School District Elections for all Superintendents, Administrators, Board of Education members and District Clerks who would like to attend.....
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Preparation for 2014 Annual Election and Budget Vote
October 1, 2013
In accordance with Sections 2002(1) and 2022(1) of the Education Law, your next Annual Meeting and Election is scheduled to be held on Tuesday, May 20, 2014 at which time your district's budget for the 2014-2015.....
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Health Care Reform, Part IX: ACA Exchange Notice FAQs
September 24, 2013
This memorandum is the ninth of our series of client memoranda that address the recent federal health care reform laws, which have become known collectively.....
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Modification of AIS Regulations in Light of Results of Latest State Testing
September 20, 2013
This memorandum provides information about a September 17, 2013 amendment to the Commissioner's Regulations concerning Academic Intervention Services ("AIS")......
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CPSE Additional Parent Member - Amendment to the Education Law
September 4, 2013
This memorandum provides information about a recent amendment to the Education Law. As you know, effective August 1, 2012, the Education Law was amended to remove the requirement that committees.....
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Bullying of Students with Disabilities
September 3, 2013
This memorandum is to inform you of a recent Dear Colleague Letter from the Department of Education's ("DOE") Office for Civil Rights ("OCR"). The purpose of the Dear Colleague Letter is to remind school districts of.....
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Requests for Disclosure of APPR-Related Records
August 23, 2013
Now that the State Education Department ("SED") has released the results of the April 2013 state assessments that were needed to finalize annual professional performance reviews ("APPRs") for the 2012-2013 school year.....
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IEP development in light of recent Supreme Court action denying certiorari
August 22, 2013
This memorandum is to inform you of a recent Supreme Court decision denying a request to review a Second Circuit Court of Appeals ("Second Circuit" or "the Court") decision in a case which has a significant.....
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Health Care Reform, Part VIII: The ACA Exchange Notice
August 21, 2013
For your convenience, enclosed please find the Word version of our "F&F Revised Model Exchange Notice" ("Exchange Notice"). This is identical to the PDF version that was part of our August 15, 2013.....
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Download New Health Insurance Exchange Coverage Options

Education and Rehabilitative Services
August 20, 2013
The U.S. Department of Education's Office of Special Education and Rehabilitative Services (OSERS) is committed to working with States to ensure that school districts provide all children with.....
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Parental Consent for the Use of Public Benefits or Insurance; and Procedural Safeguards Notice
August 20, 2013
This memorandum is to inform you of new requirements regarding (1) obtaining parental consent prior to billing Medicaid and other public insurance benefits for special education services, and.....
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Health Care Reform, Part VIII: The ACA Exchange Notice
August 15, 2013
This memorandum is the eighth of our series of client memoranda that address the recent federal health care reform laws, which have become known collectively as the Affordable Care Act ("ACA").....
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New PERB Decision Regarding NYSHIP Buyouts
August 9, 2013
This memorandum provides information about a new administrative decision issued by the New York State Public Employment Relations Board ("PERB"), holding that school districts must collectively.....
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Career Development and Occupational Studies Commencement Credential
July 5, 2013
This memorandum is to inform you of a recent addition to the Regulations of the Commissioner of Education that establishes a new highs school exiting credential for students with disabilities.....
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Uniform Notice of Claim Act
July 5, 2013
This memorandum provides new information about the "Uniform Notice of Claim Act" ("Act"), which was recently amended. As you may know a Notice of Claim is a notice that.....
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Download Model Resolution

Health Care Reform, Part VII: Delayed Implementation of Employer Mandate
July 3, 2013
This memorandum provides critical new information with regard to the recent federal health care reform laws that have become known collectively as the Affordable Care Act ("ACA").1 As you know.....
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DASA Regulation Updates
June 18, 2013
This memorandum provides information about the latest Regulations implementing the "Dignity For All Students Act" ("DASA"), Chapter 482 of the Laws of 2010, adding Education Law §§10-18.....
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DASA Codes of Conduct Guidance
June 17, 2013
The New York State Education Department (NYSED) and the Dignity Act Task Force Local Policy and Implementation Work Group developed this guidance document to help schools, districts and BOCES in.....
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Free Legal Seminar on Health Care Reform: Presentation Handouts
June 14, 2013
Enclosed please find the presentation handouts that were provided to our school district clients at our recent legal seminar held on Wednesday, June 14, 2013, which addressed the federal health care reform laws.....
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Download Health Care Reform For School Districts under The Affordable Care Act ("ACA")
Download General Guidelines for Applying the "Look-Back Measurement Method"

Health Care Reform, Part VI: Applying the "Look-Back Measurement Method"
June 12, 2013
This memorandum is the sixth of our series of client memoranda that address the recent federal health care reform laws, which have become known collectively as the Affordable Care Act ("ACA").....
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Budget Re-vote
May 15, 2013
This memorandum will provide you with the options available to the Board of Education should the budget be defeated by the voters on May 21, 2013. As in previous years, the Board may.....
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Free Legal Seminar on Health Care Reform
May 3, 2013
We are pleased to announce that our office will present a free legal seminar addressing the recent federal health care reform laws known as the Affordable Care Act ("ACA"). As you are aware, ACA seeks to expand access to affordable health insurance coverage, and is.....
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Continuation of Expired APPR Plans
April 22, 2013
This memorandum provides information about a recent amendment to New York State Education Law §3012-c, which governs the annual professional performance review ("APPR") system for.....
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Health Care Reform, Part IV: Non-Discrimination and Administrative Duties
April 17, 2013
This memorandum is the fourth of our series of client memoranda that will provide information about recent federal health care reform laws, which have become.....
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"Opting Out" of State Assessments
April 11, 2013
There has been a great deal of publicity about the recent movement by some parents to have their children "opt out" of the upcoming state assessments, and some confusion among.....
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Health Care Reform, Part III: What Type of Coverage is Required?
April 5, 2013
This memorandum is the third of our series of client memoranda that will provide information about recent federal health care reform laws, which have become.....
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Health Care Reform, Part II: Which Employers and Employees are Covered?
March 29, 2013
This memorandum is the second of our series of client memoranda that will provide information about recent federal health care reform laws, which have become.....
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Health Care Reform and School Districts: Part 1
March 22, 2013
This memorandum is the first of our series of client memoranda that will provide information about recent federal health care reform laws, which have become.....
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Permanent Adoption: Amendment to 34 C.F.R. §300.154(d) of the Federal Regulations - Parental Consent to Access Public Benefits or Insurance (Medicaid)
March 20, 2013
This memorandum is to inform you that effective March 18, 2013, the amendments to the federal regulations (34 C.F.R. §300.154[d]) relating to parental consent to bill Medicaid for Medicaid reimbursable related services.....
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Nassau County Tax Certiorari Proceedings – Appellate Division Decision
March 1, 2013
As you know, on February 27, 2013, the Appellate Division, Second Department, handed down a unanimous decision overturning the lower court's ruling and invalidating the County Law that sought to repeal the County Guaranty.....
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FERPA and Foster Care Students
January 28, 2013
This memorandum is to inform you of a recent change to the Family Educational Rights and Privacy Act of 1974 ("FERPA") that relates to the disclosure of education records of students who are in foster care. Generally.....
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Permanent Adoption: Amendment to Section 100.5 of the Regulations of the Commissioner of Education - Compensatory Score Option
January 15, 2013
This memorandum is to inform you that the Amendment to Section 100.5 of the Regulations of the Commissioner of Education ("Regulations") governing Safety Net Options for students with disabilities has been approved for permanent......
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Observations of Parentally Placed Classified Students
January 14, 2013
The U.S. District Court for the Southern District of New York issued a decision on January 2, 2013, which prompts us to highlight CSE responsibilities regarding on-site observations of classified students unilaterally placed.....
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FOIL Requests for Voter Lists
January 11, 2013
This memorandum provides information about Freedom of Information Law ("FOIL") requests for the disclosure of voter lists from previous school years. Generally, under FOIL, such voter lists must be disclosed.....
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Nassau County Tax Certiorari Proceedings Update
December 20, 2012
As you know, on November 28, 2012 our office held a seminar for our clients with David H. Stonehill, an attorney with substantial experience with real property tax law and real estate assessment. Mr. Stonehill discussed the.....
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Transportation Services for Homeless Students Attending Nonpublic Schools
November 27, 2012
This memorandum is to advise you of a new position taken by the State Education Department ("SED") with regard to transportation services for homeless students attending nonpublic schools.....
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Appellate Division Decision on Student Discipline and First Amendment Rights
November 15, 2012
We are pleased to inform you of a favorable decision received from the Third Department of the New York State Supreme Court's Appellate Division ("Appellate Division"), in which this office.....
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Impartial Due Process Hearings in the Aftermath of Hurricane Sandy
November 9, 2012
As a follow-up to our November 8, 2012 memorandum, Homeless Students with Disabilities, this memorandum summarizes a recent Question and Answer ("Q&A") guidance document from the State Education Department ("SED") regarding.....
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School Calendar and Minimum Session Requirements
November 8, 2012
Due to the disruption caused by Hurricane Sandy, many school districts are struggling to rearrange their calendars to make up their missed school days. Further, as we enter into the winter season, it is likely that many.....
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Amendment to Section 100.5 of the Regulations of the Commissioner of Education - Compensatory Score Option
November 5, 2012
This memorandum provides important information regarding the emergency adoption of an amendment to the Regulations of the Commissioner of Education ("Regulations") relating to the safety net options for students with.....
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Registration of Homeless Students
November 5, 2012
In recognition of the recent displacement of many students and families caused by "superstorm" Sandy, this memorandum provides an overview of student protections provided.....
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State Policy on Use of Cell Phones and Electronic Devices During State Assessments
November 1, 2012
This memorandum provides information about a recently adopted State Policy concerning the use of cell phones and other communication devices during New York State assessments.....
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New Second Circuit Guidance on Tuition Reimbursement
October 22, 2012
This memorandum provides important information regarding a recent, precedent setting decision from the Second Circuit Court of Appeals, the federal appeals court with jurisidicion.....
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Parental Revocation of Consent to Individual Services
October 15, 2012
Several of our clients have inquired recently about whether parents have the right to approve certain IEP services and reject others.
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Preparation for 2013 Annual Election and Budget Vote
October 1, 2012
In accordance with Sections 2002(1) and 2022(1) of the Education Law, your next Annual Meeting and Election is scheduled to be held on Tuesday, May 21, 20131 at which time your district's budget for the 2013-2014 school year will be voted on and candidates elected for.....
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Iran Divestment Act of 2012
September 28, 2012
On August 10, 2012 the NYS Office of General Services ("OGS") published on its website, the first list of "persons" who have been determined to be engaged in investment activities in Iran.1 These are the entities which.....
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DASA Incident Reporting
September 12, 2012
This memorandum provides information about the latest Regulations implementing the "Dignity For All Students Act" ("DASA").1 As you know, DASA seeks to provide elementary and secondary students with a safe and supportive school environment that is.....
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DASA Dignity Act Coordinator
August 22, 2012
This memorandum is to remind you of each school district's responsibilities with respect to the Dignity Act Coordinator ("DAC") as required by the "Dignity For All Students Act" ("DASA").
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New Guardianship Decision
July 27, 2012
We are pleased to share a recent decision, In re Bianca B.1, wherein the Appellate Division, Second Department ("Appellate Division"), granted the school district's motion to deny a guardianship petition that was filed for the improper purpose of.....
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New DASA Amendments
July 12, 2012
This memorandum provides information about the most recent amendments to the "Dignity For All Students Act" ("DASA"). 1 As you know, DASA seeks to provide elementary and high school students with a safe and supportive school environment free from.....
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Concussion Management Regulations
July 5, 2012
This memorandum is to inform you about new Regulations that implement the Concussion Management and Awareness Act ("Act"), which became effective July 1, 2012. See Education Law §305(42). As you may know, the Act directed the Commissioner.....
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APPR Litigation and SED Advisory Letter
June 18, 2012
This memorandum provides new information related to the submission of annual professional performance review ("APPR") plans to the State Education Department ("SED") in accordance with Education Law.....
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Updated DASA Model Policies
May 18, 2012
Enclosed within this memorandum are two model policies to help districts implement the "Dignity For All Students Act" ("DASA") and its implementing Regulations by July 1, 2012. See Chapter 482 of the Laws of.....
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Florence Frazer and Jack Feldman Named "Top Legal Eagles" in 2012
April 4, 2012
We are proud to announce that two of our partners, Florence Frazer and Jack Feldman, were honored – once again in 2012! – by the Long Island Pulse Magazine for their contributions to the field of education law.....
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Adapted Physical Education Annual Goals
April 3, 2012
As you are developing IEPs for the 2012-2013 school year, you may be considering recommending adapted physical education ("APE") for certain students. This memorandum is to remind you of.....
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New APPR Regulations
April 2, 2012
This memorandum provides an overview of the latest amendments to Subpart 30-2 of the Commissioner's Regulations that were adopted on March 20, 2012 in order to conform to the latest amendments to.....
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Key APPR Deadlines
March 23, 2012
This memorandum lists the key deadlines found in the latest proposed amendments to New York State Education Law §3012-c, which established the new annual professional performance review ("APPR") for.....
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Records Scheduled for Discussion at Open Meetings
February 21, 2012
This memorandum provides new and updated guidance regarding Public Officers Law §103(e), which now requires the prior disclosure of records that are scheduled to be discussed at open meetings, including.....
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Revised New York State Procedural Safeguards Notice: Rights for Parents of Children with Disabilities, Ages 3-21
January 20, 2012
This memorandum is to inform you that the New York State Education Department ("SED") has recently released a revised mandatory Procedural Safeguards Notice. As you may know, effective July 1, 2005, federal and State law required that.....
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Property Tax Cap and Transportation
January 10, 2012
This memo is in response to the questions which have been raised by school districts regarding the effect of a voter proposition (or a proposition placed on the ballot by the Board of Education) requiring an expenditure which, if approved, would result in.....
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Freedom of Information Law ("FOIL") Update
January 9, 2012
This memorandum provides information about a recent amendment to the New York State Freedom of Information Law ("FOIL") that was signed into law on January 3, 2012. Effective February 3, 2012, FOIL will require school boards and other public agencies to.....
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New FERPA Amendments
January 3, 2012
This memorandum is to inform you of changes to the Family Educational Rights and Privacy Act of 1974 ("FERPA") Regulations. Generally, FERPA prohibits school districts from disclosing personally identifiable information about students from.....
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Preparation for 2012 Annual Election and Budget Vote
October 6, 2011
In accordance with Education Law §§2002(1) and 2022(1), your next Annual Meeting and Election is scheduled to be held on Tuesday, May 15, 2012 at which time your district's budget for the 2012-2013 school year will be voted on and candidates elected for positions on the Board of Education. This memorandum is intended to.....
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Recent Federal Court Decision (Special Education Appeal Dismissed)
September 12, 2011
The purpose of this memorandum is to inform you of a recent favorable decision from the United States District Court for the Eastern District of New York, dismissing a special education appeal brought by the parents of a middle school student wherein our office defended one of our school district clients. The Court found.....
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APPR Plans and Application to Principals
September 2, 2011
This memorandum provides additional information about Education Law §3012-c and its implementing Regulations, which establish a new annual professional performance review ("APPR") system for teachers and principals.....
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Court Decision Invalidates Parts of the New APPR Regulations
August 25, 2011
This memorandum is to inform you about the court decision in the recent lawsuit filed by the New York State United Teachers ("NYSUT") Union, which challenged the State Regulations pertaining to teacher evaluations.....
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Rubric Variance Application for the New APPRs
August 22, 2011
This memorandum provides additional information about the new annual professional performance review ("APPR") system for teachers and principals established by.....
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Title I ARRA Allocation Status
August 11, 2011
With the close of the project period for most American Recovery and Reinvestment Act (ARRA@) programs, including ARRA Title I, we are reminding you of the need to expeditiously claim and expend any ARRA funds that have been allocated to your school district and.....
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Rubric Variance Process for New APPRs
July 29, 2011
This memorandum provides additional information about Education Law §3012-c and its Regulations, which establish a new annual professional performance review.....
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Transportation Mandate Relief
July 27, 2011
This memorandum provides additional information about the recent legislation that, along with capping the growth of school taxes, includes mandate relief in.....
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For more information on how to access our client memoranda and documents, please contact info@ffedlaw.com.

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Events Calendar
  • UPCOMING EVENTS
  • 2018 Annual School Law Conference, Touro Law Center 225 Eastview Boulevard, Central Islip, NY

    Friday, December 7, 2018

    Jacob S. Feldman, Esq., will present a seminar on “Special Education”.

    Christie Jacobson, Esq., will present a seminar on “The Non-Resident "Resident" Student”.

    Joseph Lilly, Esq., will present a seminar on “Alcohol and Drugs in the Workplace”.

    Laura Dilimetin, Esq., will present a seminar on “School Safety”.

    For additional information visit www.nassaubar.org..


  • RECENT EVENTS
  • Friday, October 19, 2018

    Jack Feldman conducted a full-day seminar on "Developing a Bulletproof IEP." The program covered IDEA and its regulations, as well as the New York State Regulations. It is important for those working in special education to keep up to date with procedures for conducting a CSE meeting and developing a defensible, bulletproof IEP. This seminar provides a comprehensive, one-day approach to the impact of IDEA on New York Special Education Law, for those working within the education system. Administrators, board members, regular and special educators, related service providers, counselors, psychologists, and social workers find this seminar invaluable. The seminar is sponsored by PESI. The seminar also covers discipline for students with disabilities, including a discussion about the standards to be applied in manifestation determinations and when and why FBAs should be conducted and BIPs developed and reviewed. The seminar also covers initial referrals, evaluations, medical diagnoses, classification and more. For additional information visit www.PESI.com.


  • Friday, October 26, 2018

    Christie Jacobson, Esq., presented at the New York State School Boards Association Annual School Law Conference held on October 25-27, 2018. Ms. Jacobson presented on the topic of “Student Residency, Undocumented Students and Homelessness.” The audience for this presentation were school board members, school administrators and school attorneys from throughout the State of New York. For additional information visit WWW.NYSSBA.ORG.


    Jacob Feldman, Esq., presented at the New York State School Boards Association Annual School Law Conference held on October 25-27, 2018. Mr. Feldman presented on the topic of “Special Education - An Ever Changing Landscape.” The audience for this presentation were school board members, school administrators and school attorneys from throughout the State of New York. For additional information visit WWW.NYSSBA.ORG.



  • June 15, 2018

    Jacob S. Feldman, Esq., and Timothy M. Mahoney, Esq., presented “Applying Special Education Law to Everyday Issues” on June 15, 2018, the second day of a two-day event, for the National Business Institute. Mr. Feldman presented on preparing for and testifying at due process hearings. Mr. Mahoney presented on prior written notices, behavioral issues, and student discipline. The workshop was held at the Four Points by Sheraton Plainview, 333 South Service Road, Plainview, NY 11803. For further information please visit www.nbi-sems.com.



  • Christie Jacobson, Esq., to Present at Annual Law Conference

    June 1, 2018

    Christie Jacobson, Esq., presented at the New York State Association of School Attorneys 18th Annual School Attorney Law Conference, held on June 1-3, 2018. Ms. Jacobson presented on the topic of “Student Enrollment: Practical and Legal Challenges Involved in Verifying Resident Students.” The audience for this presentation were school attorneys from throughout the State of New York.



  • Christie Jacobson, Esq., to Present on Free Speech Rights

    March 27, 2018

    Christie Jacobson, Esq., recently presented “The Contours of Student Free Speech Rights” on March 27, 2018 at the New York State School Boards Association’s 2018 Policy Workshop. The workshop was held at the Holiday Inn Plainview, 215 Sunnyside Boulevard, Plainview, NY 11803. For further information please visit www.nyssba.org.



  • Legal 1

    Friday, January 19, 2018

    • Special Education Presentation
    Jacob S. Feldman, Esq.



  • LIASEA Conference

    Thursday, January 11, 2018

    The Impact on IEP Development of the Supreme Court Decision in Endrew F. and the Second Circuit Decision in T.K.
    Jacob S. Feldman, Esq. For more information visit www.liasea.org.



  • Click for more Past Events
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