Articles

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.

Read All About It! Fall, 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.”1 OCR reinterpreted the definition of “sex” for the purpose of sex discrimination to implicitly include the gender expressed by an individual under Title IX of the Education Amendments of 1972.

Read All About It! Fall, 2016
In this installment of the Attorney’s Corner, we review a decision from the Second Circuit Court of Appeals, two federal district court decisions, one decision from the Office of State Review, and an advisory opinion by OSEP.

Willingly or Not, Many Districts Heed Transgender Guidance
"Timothy Mahoney was interviewed by Special Education Connections on the topic of transgender students and gender expression in public schools."

Months in Review: May 2016, Read All About It!
A Synopsis of Salient Cases in Special Education
By Jack Feldman
NYSE Directors Attorney's Corner
In this installment of the Attorney's Corner, we review two decisions of the Second Circuit Court of Appeals, and two decisions from the Federal District Court in the Southern District of New York. Each of these decisions explores the importance of fully documenting the information contained in a student's IEP, including all sources of information – whether from an evaluation, report, or participant – and why it is critical to follow the meeting with well-written prior written notice letters...

Permissible Drug Use: The Administration of Medication in the School Setting
By Laura Ferrugiari and Tim Mahoney
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.

Months in Review: March 2016, Read All About It!
A Synopsis of Salient Cases in Special Education
By Jack Feldman
NYSE Directors Attorney's Corner
We are pleased to present our next installment to the Attorney's Corner: "The Month in Review" (March, 2016). In this installment of the Attorney's Corner, we review two decisions of the Second Circuit Court of Appeals, a decision from the Federal District Court in the Southern District of New York, one appeal from the Office of State Review ("SRO"), and an Opinion Letter from the United States Department of Education, Office of Education and Special Services ("OSEP")...

Months in Review: February 2016, Read All About It!
A Synopsis of Salient Cases in Special Education
By Jack Feldman
NYSE Directors Attorney's Corner
We are pleased to present our next installment to the Attorney's Corner: "The Month in Review" (February, 2016). In this installment of the Attorney's Corner, Jack Feldman and Timothy Mahoney review 1 Second Circuit Court of Appeals decision, 4 Federal District Court decisions and 1 SRO decision. The major focus of this publication revolves around a series of decisions regarding retrospective testimony and a school district's burden of proving it provided FAPE at...

Months in Review: January 2016, Read All About It!
A Synopsis of Salient Cases in Special Education
By Jack Feldman
NYSE Directors Attorney's Corner
In this installment of the Attorney's Corner, we review a series of decisions dealing with bullying from the Second Circuit Court of Appeals to a federal district court in New York to a New York State court, to the SRO. In addition, we discuss a decision of the federal district court addressing how graduation with a Regents diploma ends a student's entitlement to IDEA services, and a decision by the SRO exploring a district's responsibilities when a parent refuses...

Months in Review: November - December 2015, Read All About It!
A Synopsis of Salient Cases in Special Education
By Jack Feldman
NYSE Directors Attorney's Corner
In this installment of the Attorney's Corner, we review two district court decisions and several Office of State Review ("SRO") decisions. In one decision, the district court issued an interim order describing the standard by which additional evidence not reviewed during the impartial hearing may be considered. We also review a case in which, after the district court judge upheld the appropriateness of a district's...

Months in Review: September 2015, Read All About It!
A Synopsis of Salient Cases in Special Education
By Jack Feldman
NYSE Directors Attorney's Corner
In this installment of the Attorney's Corner, we review several District Court decisions. One decision found that the School District did not offer a free appropriate public education ("FAPE") when it did not consider the Parents' concerns regarding the student's placement after the Committee on Special Education ("CSE") made its recommendation. The Court determined that this prevented the Parents from being able to meaningfully participate in the CSE process. Another case modified the amount of...

Months in Review: August 2015, Read All About It!
A Synopsis of Salient Cases in Special Education
By Jack Feldman
NYSE Directors Attorney's Corner
In this installment of Read All About It, we review several District Court decisions. One decision ordered a public school district to provide compensatory education services, including credit-bearing instruction, past the student's 21st birthday. Another decision held that a Committee on Special Education ("CSE") appropriately considered the Parents' input, even though it did not grant their requests when developing the student's individualized education program ("IEP"). We review another speculation...

Months in Review: July 2015, Read All About It!
A Synopsis of Salient Cases in Special Education
By Jack Feldman
NYSE Directors Attorney's Corner
In this installment of the Attorney's Corner, we review an important Second Circuit decision holding that a Parent cannot speculate that a District will not appropriately implement an otherwise adequate individualized education program ("IEP"). We review a similar District Court decision where a Parent did not prevail on a speculation case even after testifying that the school principal stated that the proposed placement would not be appropriate for the student. Another District Court case held that...

Months in Review: June 2015, Read All About It!
A Synopsis of Salient Cases in Special Education
By Jack Feldman
NYSE Directors Attorney's Corner
In this installment of the Attorney's Corner, we review an important Second Circuit decision indicating that public school districts must develop individualized education programs ("IEPs") for students who are parentally placed at private schools regardless of where they are located. Failing to offer a free appropriate public education ("FAPE") IEP as though the student...

Months in Review: May 2015, Read All About It!
A Synopsis of Salient Cases in Special Education
By Jack Feldman
NYSE Directors Attorney's Corner
In this installment of the Attorney's Corner, we review a Second Circuit decision which found that a District risks denying a free appropriate public education ("FAPE"), when it adopts a private school's Individualized Education Program ("IEP") goals without also using the private school's teaching methodology to implement those goals. We also examine several District Court decisions. The Southern District Court found that school districts cannot be compelled to contract directly with private schools...

Months in Review: April 2015, Read All About It!
A Synopsis of Salient Cases in Special Education
By Jack Feldman
NYSE Directors Attorney's Corner
In this installment of the Attorney's Corner, we review a Second Circuit decision that found a District provided FAPE by adding a 1:1 aide to a student's IEP in response to Parental concerns regarding a high student-to-staff ratio. We review several District Court decisions that examined whether a Parent was entitled to tuition reimbursement for a unilateral private school placement due to a FAPE denial. In one decision, the Parent did not prevail when she relied on retrospective testimony and...

Months in Review: March 2015, Read All About It!
A Synopsis of Salient Cases in Special Education
By Jack Feldman
NYSE Directors Attorney's Corner
In this installment of the Attorney's Corner, we review six federal district court decisions and two SRO decisions. A number of these federal district court decisions examine whether a school district provided a free and appropriate public education ("FAPE") to students who were unilaterally placed by their parents in nonpublic schools. One decision found that an individualized education program ("IEP") that did not comply with state regulations did not result in a FAPE denial when considering...

Second Circuit Upholds New York's Mandatory Vaccination Requirement
Nassau Lawyer April 2015 Edition
In this installment of Nassau Lawyer on page 5 is Brendan B. Barne's article: Second Circuit Upholds New York's Mandatory Vaccination Requirement

Months in Review: January 2015, Read All About It!
A Synopsis of Salient Cases in Special Education
By Jack Feldman
NYSE Directors Attorney's Corner
In this installment of the Attorney's Corner, we review a decision from the Second Circuit that favors deference to the decisions of the SRO rather than district courts when both the SRO and district court review the same record. This is based on the SRO's educational expertise. In a Federal District Court decision it was found that the short-term objectives for a student who was alternately assessed should be considered in determining whether IEP goals are measurable...




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

    June 1, 2018

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



  • Jacob S. Feldman, Esq., and Timothy M. Mahoney, Esq., to present on Special Education Law

    June 15, 2018

    Jacob S. Feldman, Esq., and Timothy M. Mahoney, Esq., will be presenting “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 will be presenting on preparing for and testifying at due process hearings. Mr. Mahoney will be presenting on prior written notices, behavioral issues, and student discipline. The workshop will be held at the Four Points by Sheraton Plainview, 333 South Service Road, Plainview, NY 11803. For further information please visit www.nbi-sems.com.


  • RECENT EVENTS
  • 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.



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    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.



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