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

    We are proud to announce that our partner Christie R. Jacobson will be honored as one of Hofstra University’s Outstanding Women in Law at an awards dinner reception 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.

  • 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., will present a seminar on “New York Special Education Law”. The program will cover compliance with Special Education Laws to avoid liability; Strengthen your knowledge of how recent special education legislation affects school policies and operation; Learn what to do and what not to do in 504 plans; Evaluate the legal protection offered by the Individualized Education Program (IEP); Successfully handle disciplinary actions for students with disabilities; Explore the role of manifestation determination reviewing the legality of disciplinary actions; and Understanding the rights of special needs students so you can avoid inadvertent illegal actions that may lead to a lawsuit. For further 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
  • 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..


  • 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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