Articles

What to do when a student with a disability bullies
By Timothy M. Mahoney
Timothy M. Mahoney was interviewed by LRP regarding steps school districts should take in addressing bullying for students with disabilities, whether the child is on the receiving end of bullying behavior or the perpetrator.

When Students Mimic White Supremacists
By Christie R. Jacobson
New York State Association of School Attorneys, The most recent data compiled by the Federal Bureau of Investigation showed a 5 percent annual increase in the number of hate crimes, which are defined by the FBI as “atraditional offense like murder, arson, or vandalism with an added element of bias.” Notably, almost 10 percent of 6,120 hate crimes in 2016 occurred at schools or universities.

The Conundrum of Homeschooling
By Laura A. Ferrugiari,
Nassau County Bar Association Home instruction, commonly known as homeschooling, occurs when children are instructed at home by their parent or other private instructor arranged by the parent. Home instruction is not a new concept; it has existed since the 1700s and is legal in every state. It is a topic in the news today due in part to reported cases of abuse of homeschooled students by their parents.

Can Schools Limit Student Speech? Should They?
By Christie R. Jacobson,
Nassau County Bar Association
Are student protests even allowed during the school day? Should they be? What if the student protest supports something that the rest of the community does not? This article reviews the basics of student free speech rights, and explores the boundaries of those rights in the public school setting.

Investigate every alleged incident of disability-based bullying, harassm.
Timothy M. Mahoney was interviewed by LRP regarding steps school districts should take in investigating allegations of bullying under DASA, especially for students with disabilities.

RAAI! February-March, 2018.
In this installment of the Attorney’s Corner, we review two federal decision, an appellate decision by the Eighth Circuit Court of Appeals, a decision by NYSED’s Office of State Review, and an opinion letter by the DOE’s Office of Educational Management.

RAAI! November-December 2017
In this installment of the Attorney’s Corner, we review three federal district court decisions, two decisions from NYSED’s Office of State Review (“SRO”), and an opinion from the Department of Education’s Office of Services and Programs (“OSEP”).

Endrew F: The U.S. Supreme Court’s New Standard for Students with Disabilities in Practice
By Laura A. Ferrugiari and Timothy M. Mahoney
Nassau County Bar Association
The Supreme Court of United States issued a rare decision, the first since 1982, ruling on the extent of entitlement a child with disabilities has in a school setting under the Individuals with Disabilities in Education Act (“IDEA”). The Court’s decision will likely have little notable impact on special education in New York; however, committees on special education are advised to pay close attention so that students’ measurable annual goals are drafted based on data that reflect current abilities. And, this data should be used to identify baseline performance, and measurement criteria should reflect high expectations for achievement.

Written by Joe Lilly and Nicole Donatich.
By the New York State Association of School Attorneys
In November 2015, administrators in a Suffolk County school district became aware that a video was circulating among 10th-grade students that showed sexual conduct between two 14-year-olds, one of whom was a student in the district. They confiscated the cellphones of several students, interviewed dozens of students and got the police involved. By the time the investigation was concluded, 28 students had been suspended.

Read All About It!.
In this installment of the Attorney’s Corner, we review three federal court decisions, one administrative decision from New Jersey, and an update on the Endrew F. litigation.

How I advise my clients? September 2017.
How should a district respond when a student with a disability is being bullied?

RAAI! December 2016 and January 2017.
In this installment of the Attorney’s Corner, while we anxiously await a decision from the Supreme Court regarding the level of educational benefit to which a disabled child is entitled under IDEA, we review two federal court decisions (including one from the Second Circuit Court of Appeals) and two Office of State Review (SRO) decisions. In addition, three Office for Civil Rights (OCR) documents are reviewed. This includes two Dear Colleague Letters, and an OCR recently published guidance on Section 504 compliance.






Archived Articles



For further information on earlier updates, or if you have questions about any of the above items, please email info@ffedlaw.com.

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Events Calendar
  • UPCOMING EVENTS
  • August 19, 2019
    Live Teleconference 2:00 – 3:30 p.m.

    Jacob S. Feldman, Esq., will present a Live Teleconference Seminar on “Sexual Harassment in Schools: Interpreting the Latest Legal Guidelines”. The program will cover the latest school sexual harassment guidelines you need to know. How to determine critical Title IX protections for victims of sexual harassment; how to properly respond to and document allegations using the latest federal guidance; and how to handle delicate sexual violence allegations the right way. For more information please visit www.nbi-sems.com.

  • October 25, 2019
    Rochester Riverside Convention Center
    123 E Main St, Rochester, NY 14604

    Christie Jacobson, Esq., will present at the New York State School Boards Association Annual School Law Conference held on October 24-26, 2019. Ms. Jacobson will present on the topic of “Free Speech in the Era of Social Media.” The audience for this presentation will be school board members, school administrators and school attorneys from throughout the State of New York. For additional information visit WWW.NYSSBA.ORG.


  • RECENT EVENTS
  • June 3, 2019
    Four Points by Sheraton Melville Long Island
    333 S Service Road
    Plainview, NY 11803

    Jacob S. Feldman, Esq. and Timothy M. Mahoney, Esq., presented a seminar on “New York Special Education Law”. The program covered compliance with Special Education Laws to avoid liability; Strengthen knowledge of how recent special education legislation affects school policies and operation; Learning what to do and what not to do in 504 plans; Evaluating the legal protection offered by the Individualized Education Program (IEP); How to successfully handle disciplinary actions for students with disabilities; Exploring the role of manifestation determination reviewing the legality of disciplinary actions; and Understanding the rights of special needs students so as to avoid inadvertent illegal actions that may lead to a lawsuit. For further information please visit www.nbi-sems.com.

  • Monday, April 22, 2019
    Hofstra University
    Hempstead, New York

    We are proud to announce that our partner Christie R. Jacobson was honored as one of Hofstra University’s Outstanding Women in Law at an awards dinner reception held on Monday April 22,2019. This recognition celebrates women who have made meaningful and inspiring contributions to the legal community. For more information please visit www.law.hofstra.edu/owl.

  • Friday, December 7, 2018

    Jacob S. Feldman, Esq., presented a seminar on “Special Education”.
    Christie Jacobson, Esq., presented a seminar on “The Non-Resident "Resident" Student”.
    Joseph Lilly, Esq., presented a seminar on “Alcohol and Drugs in the Workplace”.
    Laura Dilimetin, Esq., presented a seminar on “School Safety”.
    For additional information visit www.nassaubar.org..



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