Articles

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...




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
  • 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.

  • UPCOMING EVENTS
  • 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/.


  • RECENT EVENTS
  • 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.



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