Archived Client Memoranda

Archived Memoranda

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.......
Click to Read More about this client memo

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......
Click to Read More about this client memo

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......
Click to Read More about this client memo
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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo
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").
Click to Read More about this client memo

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.
Click to Read More about this client memo

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.
Click to Read More about this client memo

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.
Click to Read More about this client memo

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.
Click to Read More about this client memo

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.
Click to Read More about this client memo
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).
Click to Read More about this client memo

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.....
Click to Read More about this client memo
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.....
Click to Read More about this client memo
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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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").....
Click to Read More about this client memo

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.....
Click to Read More about this client memo
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.....
Click to Read More about this client memo
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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo
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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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......
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo
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").....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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")......
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo
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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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").....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo
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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo
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").....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

"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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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......
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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").
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo

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.....
Click to Read More about this client memo



For more information on how to access our client memoranda and documents, please contact info@ffedlaw.com.

« BACK

Connect With Us
  • Frazer & Feldman, LLP BBB Business Review
  • Email Us
Events Calendar
  • UPCOMING EVENTS

  • RECENT EVENTS
  • June 4, 2017

    Christie Jacobson co-presented a program on school attorney ethics at the 17th Annual School Attorney Law Conference, which is sponsored by the New York State Association of School Attorneys (“NYSASA”) and New York State School Boards Association (“NYSSBA”). Her presentation was entitled, “The Ethics of Dealing with a Divided School Board.” The seminar examined the unique and complex legal issues involved in the representation of school district boards of education. The Conference was held on June 2-4, 2017 at the Sagamore Hotel in Bolton Landing, New York.

  • April 25, 2017

    On April 25, 2017, Timothy Mahoney will be presenting at LRP’s 38th National Institute on Legal Issues of Educating Individuals with Disabilities. There he will present “Addressing Bullying in the IEP,” reviewing the effects of the 2d Circuit’s 2016 landmark decision of T.K. v. New York City Department of Education and Judge Weinstein’s four-prong test to determine when bullying constitutes a denial of FAPE, offering insights into IEP-based responses to bullying — both for the victim and assailant, and addressing schoolwide and districtwide prevention strategies available to school districts to address bullying. For additional information please visit http://www.lrpinstitute.com/.

  • March 23, 2017

    On March 23, 2017 at 12:30pm, Joseph Lilly and Timothy Mahoney will be presenting “DASA, FAPE, and TK: the Acronyms of Bullying” to a joint meeting of the Civil Rights and Education Law Committees at the Nassau County Bar Association. There, they will review the requirements of the Dignity for All Students Act, the effects of the 2d Circuit’s 2016 landmark decision of T.K. v. New York City Department of Education, and discuss best practices school districts may adopt to address bullying and harassment in the school environment for all children, classified and non-classified alike.

  • IEPs and 504 Plans: A Legal Compliance Guide Seminar

    December 6-7, 2016

    On December 7, 2016, Jack Feldman presented a program on 504 plans on behalf of National Business Institute. 504 plans, like IEPs, are essential tools to ensure positive learning outcomes for many students. They also have the potential to cause legal issues for schools if they aren't properly planned and carried out. The seminar addressed creating legally compliant 504 plans, addressed tricky eligibility questions, and provided guidance to avoid common pitfalls under Section 504 of the Rehabilitation Act. www.nbi-sems.com.

  • RESIDENCE INN PLAINVIEW, 9 GERHARD ROAD, PLAINVIEW, NY 11803

    Friday, October 21, 2016

    Jack Feldman will conduct a full-day seminar on "Developing a Bulletproof IEP." The program will cover 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 aims to provide 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 will find this seminar invaluable and are encouraged to attend. The seminar is sponsored by PESI. The seminar will also cover 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 will also cover initial referrals, evaluations, medical diagnoses, classification and more. For additional information visit www.PESI.com.

  • NYSSBA Annual Conference

    October 28, 2016

    Florence Frazer and Jack Feldman will be presenting at the New York State School Board Association's upcoming Annual Convention. On October 28, 2016, Florence will participate in a clinic on "Educator Discipline - How are the New Rules Working?" New Rules that went into effect last year have been changing the way in which school boards approach the discipline of tenured teachers and administrators, and how hearing officers are conducting section 3020-a disciplinary proceedings. Hear from seasoned attorneys about some of the lessons learned this past year. Find out about the legal and practical issues school boards need to be mindful of moving forward. On October 29, 2016, Jack will participate in a clinic on "Special Education - What is New?" There, find out how recent developments are changing school district responsibilities for the education of students with disabilities. What are the current and emerging challenges facing districts in this area of law? Hear the issues school boards and their administrators need to know about to appropriately serve their disabled students. For more information, visit NYSSBA.

  • DISCIPLINE OF STUDENTS WITH BEHAVIORAL ISSUES

    June 14, 2016

    On June 14, 2016, Jack Feldman, Laura Ferrugiari and Timothy Mahoney presented a full day program on the discipline of students with disabilities who have behavioral issues. The seminar included an overview of the applicable laws regarding IDEA, Section 504 of the Rehabilitation Act, the Americans with Disabilities Act, and jurisdiction of the federal government vs. state government. Discussions regarding FBAs and BIPs; when and why FBAs should be conducted; BIPs and their relation to IEPs, 504 Behavior Management Plans and Section 504. Although no educator enjoys it, disciplining students is a common part of any school day and can create complicated legal dilemmas. Moreover, disciplining students whose misbehavior is a manifestation of their disabilities is also all too common, giving rise to a series of legal issues. These situations require copious and accurate documentation, and this documentation has to be legally sound. This program is designed for teachers, principals and vice principals, counselors, psychologists social workers, school nurses, special education providers, school administrators, attorneys and paralegals. For more information visit www.nbi-sems.com.


  • Permissible Drug Use: The Administration of Medication in the School Setting

    April 2016

    We are pleased to announce that an article written by Laura Ferrugiari and Tim Mahoney has been featured in the Nassau County Bar Association's monthly newspaper, The Nassau Lawyer. The article, entitled "Permissible Drug Use: The Administration of Medication in the School Setting," reviews the administration of medication in emergency circumstances in school, and advises districts about who is authorized to administer emergency medication and under what circumstances.



  • Click for more Past Events
Contact Us

I have read the disclaimer

Submit