|Jacob S. Feldman||PARTNER|
JACOB S. FELDMAN
received his Juris Doctor from Brooklyn Law School in 1976 and his B.A. (cum laude) from Brooklyn College, in 1972. He is admitted to practice law in the State Courts of New York, the United States Supreme Court, the Second Circuit and the Federal Circuit Courts of Appeals, the Court of Federal Claims, and the Southern and Eastern District Courts of New York. From September, 1977 until December 1987, he was an associate senior counsel in the office of the General Counsel to the New York State United Teachers, where he handled school-related litigation involving constitutional and education law rights, seniority disputes, tenure rights and tenure areas in federal and state courts. Since 1987 he has represented public school districts as general counsel. He has handled the defense of public school districts in major federal and state litigation involving civil rights, age, race, disability and sexual discrimination matters, sexual harassment complaints, special education matters, complaints alleging First, Fifth and Fourteenth Amendment violations as related to the collection of school district taxes, and appeals to the Appellate Division, First and Second Departments, the New York State Court of Appeals and to the Second Circuit Court of Appeals. He has handled the successful defense of dozens of impartial hearings and appeals to the SRO on behalf of school districts. He has represented clients in arbitrations administered by the American Arbitration Association, and administrative proceedings before PERB, the State Division of Human Rights and the EEOC. He is a member of the Labor and Employment Law Sections of the New York State Bar Association; and the former Chairperson of the Education Law Committee of the Nassau County Bar Association. Mr. Feldman is a frequent speaker and participant in various special education law programs, speaking on topics including "Developing a Bulletproof IEP," student discipline, preparation for and defense of impartial hearings and Section 504, conducted by the Nassau County Bar Association, the Nassau-Suffolk Academies of Law, NYSSBA, the Long Island Association of School Personnel Administrators, the LIASEA, the Council of New York Special Education Administrators, Lorman Education Services, PESI, St. John's University, and many of our school district clients. He is the author of "Americans With Disabilities Act: Employer Obligations," Journal of Individual Employment Rights, Vol.2, #2 (1993) and "Discipline of Tenured Employees Pursuant to Education Law §3020-a, Journal of Collective Negotiations in the Public Sector, Vol.28, #2 (1999). He is the author of the "Read All About It" column, a monthly compilation of special education cases appearing in the "Attorney's Corner" of the Centris Group's Directors' Website. He received LIASEA's 2010 Award of Distinction for his special education work on behalf of school districts. He has been recognized annually by Pulse magazine as one of Long Island's Top Legal Eagles in the field of Education Law for the period of 2010-2016 and as a "Legal Leader - New York Area's Top Rated Lawyers" of 2013-2016 in the fields of education and labor law.
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.
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/.
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.
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.
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.
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.
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.