Nassau County Tax Certiorari Proceedings – Appellate Division Decision
March 1, 2013
As you know, on February 27, 2013, the Appellate Division, Second Department, handed down a unanimous decision overturning the lower court’s ruling and invalidating the County Law that sought to repeal the County Guaranty.....
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FERPA and Foster Care Students
January 28, 2013
This memorandum is to inform you of a recent change to the Family Educational Rights and Privacy Act of 1974 ("FERPA") that relates to the disclosure of education records of students who are in foster care. Generally.....
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Permanent Adoption: Amendment to Section 100.5 of the Regulations of the Commissioner of Education - Compensatory Score Option
January 15, 2013
This memorandum is to inform you that the Amendment to Section 100.5 of the Regulations of the Commissioner of Education ("Regulations") governing Safety Net Options for students with disabilities has been approved for permanent......
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Observations of Parentally Placed Classified Students
January 14, 2013
The U.S. District Court for the Southern District of New York issued a decision on January 2, 2013, which prompts us to highlight CSE responsibilities regarding on-site observations of classified students unilaterally placed.....
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FOIL Requests for Voter Lists
January 11, 2013
This memorandum provides information about Freedom of Information Law ("FOIL") requests for the disclosure of voter lists from previous school years. Generally, under FOIL, such voter lists must be disclosed.....
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Nassau County Tax Certiorari Proceedings Update
December 20, 2012
As you know, on November 28, 2012 our office held a seminar for our clients with David H. Stonehill, an attorney with substantial experience with real property tax law and real estate assessment. Mr. Stonehill discussed the.....
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Transportation Services for Homeless Students Attending Nonpublic Schools
November 27, 2012
This memorandum is to advise you of a new position taken by the State Education Department ("SED") with regard to transportation services for homeless students attending nonpublic schools.....
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Appellate Division Decision on Student Discipline and First Amendment Rights
November 15, 2012
We are pleased to inform you of a favorable decision received from the Third Department of the New York State Supreme Court’s Appellate Division ("Appellate Division"), in which this office.....
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Impartial Due Process Hearings in the Aftermath of Hurricane Sandy
November 9, 2012
As a follow-up to our November 8, 2012 memorandum, Homeless Students with Disabilities, this memorandum summarizes a recent Question and Answer ("Q&A") guidance document from the State Education Department ("SED") regarding.....
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School Calendar and Minimum Session Requirements
November 8, 2012
Due to the disruption caused by Hurricane Sandy, many school districts are struggling to rearrange their calendars to make up their missed school days. Further, as we enter into the winter season, it is likely that many.....
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Amendment to Section 100.5 of the Regulations of the Commissioner of Education - Compensatory Score Option
November 5, 2012
This memorandum provides important information regarding the emergency adoption of an amendment to the Regulations of the Commissioner of Education ("Regulations") relating to the safety net options for students with.....
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Registration of Homeless Students
November 5, 2012
In recognition of the recent displacement of many students and families caused by "superstorm" Sandy, this memorandum provides an overview of student protections provided.....
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State Policy on Use of Cell Phones and Electronic Devices During State Assessments
November 1, 2012
This memorandum provides information about a recently adopted State Policy concerning the use of cell phones and other communication devices during New York State assessments.....
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New Second Circuit Guidance on Tuition Reimbursement
October 22, 2012
This memorandum provides important information regarding a recent, precedent setting decision from the Second Circuit Court of Appeals, the federal appeals court with jurisidicion.....
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Parental Revocation of Consent to Individual Services
October 15, 2012
Several of our clients have inquired recently about whether parents have the right to approve certain IEP services and reject others.
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Preparation for 2013 Annual Election and Budget Vote
October 1, 2012
In accordance with Sections 2002(1) and 2022(1) of the Education Law, your next Annual Meeting and Election is scheduled to be held on Tuesday, May 21, 20131 at which time your district's budget for the 2013-2014 school year will be voted on and candidates elected for.....
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Iran Divestment Act of 2012
September 28, 2012
On August 10, 2012 the NYS Office of General Services ("OGS") published on its website, the first list of "persons" who have been determined to be engaged in investment activities in Iran.1 These are the entities which.....
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DASA Incident Reporting
September 12, 2012
This memorandum provides information about the latest Regulations implementing the "Dignity For All Students Act" ("DASA").1 As you know, DASA seeks to provide elementary and secondary students with a safe and supportive school environment that is.....
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DASA Dignity Act Coordinator
August 22, 2012
This memorandum is to remind you of each school district's responsibilities with respect to the Dignity Act Coordinator ("DAC") as required by the "Dignity For All Students Act" ("DASA").
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New Guardianship Decision
July 27, 2012
We are pleased to share a recent decision, In re Bianca B.1, wherein the Appellate Division, Second Department ("Appellate Division"), granted the school district's motion to deny a guardianship petition that was filed for the improper purpose of.....
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New DASA Amendments
July 12, 2012
This memorandum provides information about the most recent amendments to the "Dignity For All Students Act" ("DASA"). 1 As you know, DASA seeks to provide elementary and high school students with a safe and supportive school environment free from.....
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Concussion Management Regulations
July 5, 2012
This memorandum is to inform you about new Regulations that implement the Concussion Management and Awareness Act ("Act"), which became effective July 1, 2012. See Education Law §305(42). As you may know, the Act directed the Commissioner.....
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APPR Litigation and SED Advisory Letter
June 18, 2012
This memorandum provides new information related to the submission of annual professional performance review ("APPR") plans to the State Education Department ("SED") in accordance with Education Law.....
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Updated DASA Model Policies
May 18, 2012
Enclosed within this memorandum are two model policies to help districts implement the "Dignity For All Students Act" ("DASA") and its implementing Regulations by July 1, 2012. See Chapter 482 of the Laws of.....
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Florence Frazer and Jack Feldman Named "Top Legal Eagles" in 2012
April 4, 2012
We are proud to announce that two of our partners, Florence Frazer and Jack Feldman, were honored – once again in 2012! – by the Long Island Pulse Magazine for their contributions to the field of education law.....
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Adapted Physical Education Annual Goals
April 3, 2012
As you are developing IEPs for the 2012-2013 school year, you may be considering recommending adapted physical education ("APE") for certain students. This memorandum is to remind you of.....
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New APPR Regulations
April 2, 2012
This memorandum provides an overview of the latest amendments to Subpart 30-2 of the Commissioner's Regulations that were adopted on March 20, 2012 in order to conform to the latest amendments to.....
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Key APPR Deadlines
March 23, 2012
This memorandum lists the key deadlines found in the latest proposed amendments to New York State Education Law §3012-c, which established the new annual professional performance review ("APPR") for.....
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Records Scheduled for Discussion at Open Meetings
February 21, 2012
This memorandum provides new and updated guidance regarding Public Officers Law §103(e), which now requires the prior disclosure of records that are scheduled to be discussed at open meetings, including.....
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Revised New York State Procedural Safeguards Notice: Rights for Parents of Children with Disabilities, Ages 3-21
January 20, 2012
This memorandum is to inform you that the New York State Education Department ("SED") has recently released a revised mandatory Procedural Safeguards Notice. As you may know, effective July 1, 2005, federal and State law required that.....
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Property Tax Cap and Transportation
January 10, 2012
This memo is in response to the questions which have been raised by school districts regarding the effect of a voter proposition (or a proposition placed on the ballot by the Board of Education) requiring an expenditure which, if approved, would result in.....
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Freedom of Information Law ("FOIL") Update
January 9, 2012
This memorandum provides information about a recent amendment to the New York State Freedom of Information Law ("FOIL") that was signed into law on January 3, 2012. Effective February 3, 2012, FOIL will require school boards and other public agencies to.....
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New FERPA Amendments
January 3, 2012
This memorandum is to inform you of changes to the Family Educational Rights and Privacy Act of 1974 ("FERPA") Regulations. Generally, FERPA prohibits school districts from disclosing personally identifiable information about students from.....
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Preparation for 2012 Annual Election and Budget Vote
October 6, 2011
In accordance with Education Law §§2002(1) and 2022(1), your next Annual Meeting and Election is scheduled to be held on Tuesday, May 15, 2012 at which time your district's budget for the 2012-2013 school year will be voted on and candidates elected for positions on the Board of Education. This memorandum is intended to.....
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Recent Federal Court Decision (Special Education Appeal Dismissed)
September 12, 2011
The purpose of this memorandum is to inform you of a recent favorable decision from the United States District Court for the Eastern District of New York, dismissing a special education appeal brought by the parents of a middle school student wherein our office defended one of our school district clients. The Court found.....
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APPR Plans and Application to Principals
September 2, 2011
This memorandum provides additional information about Education Law §3012-c and its implementing Regulations, which establish a new annual professional performance review ("APPR") system for teachers and principals.....
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Court Decision Invalidates Parts of the New APPR Regulations
August 25, 2011
This memorandum is to inform you about the court decision in the recent lawsuit filed by the New York State United Teachers ("NYSUT") Union, which challenged the State Regulations pertaining to teacher evaluations.....
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Rubric Variance Application for the New APPRs
August 22, 2011
This memorandum provides additional information about the new annual professional performance review ("APPR") system for teachers and principals established by.....
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Title I ARRA Allocation Status
August 11, 2011
With the close of the project period for most American Recovery and Reinvestment Act (ARRA@) programs, including ARRA Title I, we are reminding you of the need to expeditiously claim and expend any ARRA funds that have been allocated to your school district and.....
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Rubric Variance Process for New APPRs
July 29, 2011
This memorandum provides additional information about Education Law §3012-c and its Regulations, which establish a new annual professional performance review.....
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Transportation Mandate Relief
July 27, 2011
This memorandum provides additional information about the recent legislation that, along with capping the growth of school taxes, includes mandate relief in.....
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Archived Client Memoranda

For more information on how to access our client memoranda and documents, please contact Christie R. Medina, Esq.