|Jonathan Heidelberger||OF COUNSEL|
(Of Counsel) received his Juris Doctor from Cornell University Law School in 1973 and his B.A. from Cornell University College of Arts and Sciences in 1970. He is admitted to practice law in New York and U.S. District Court for the Eastern District of New York. Jon is certified by NYSED as a Special Education Impartial Hearing Officer and is a member of the Nassau County Bar Association. He became associated with the firm in July 2010 and has spent over 40 years actively engaged in every aspect of public school district representation. He has successfully represented school districts in countless rounds of collective bargaining, including mediation; fact finding and super conciliation; hearings and proceedings before PERB and other administrative agencies; negligence and civil rights defense in both state and federal court and before the EEOC, OCR, and SDHR; competitive bidding disputes; all types of appeals to the Commissioner; and certificated and non-certificated employee and student disciplinary proceedings. His depth of experience in the general practice of law has enabled him to develop a special expertise regarding real property law as it relates to school districts. As such, he has successfully negotiated and completed the acquisition, use, leasing, and disposition of numerous parcels of real property on behalf of his school district clients. He presents twice a year at the Eastern Suffolk BOCES Clerks’ Workshop on such issues as elections, FOIL, Open Meetings, FERPA, and clerk’s responsibilities generally. He and Laura Ferrugiari also conduct our in-house school district election workshop for our district clerks, central office staff and board members. Having represented a number of public libraries over the years, he has also developed an expertise in the law as it relates to public libraries and their relationship with their local school districts. He also served as Village Attorney or Assistant Village Attorney for the villages of Asharoken and Northport for many years and is currently special counsel to the Northport Board of Zoning Appeals. In addition, Jon has maintained an active general practice serving private clients including one of the largest school bus transportation companies on Long Island.
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.