New York State Paid Family Leave
July 19, 2017.
This memorandum provides information about the newly enacted New York State Paid Family Leave (“PFL”) program. Effective January 1, 2018, amendments to the State Workers’ Compensation Law (“WCL”) will provide for paid family leave throughout New York State. However, it is important to note that, while PFL will be mandatory for virtually all private employers in the State, school districts and other public employers will not be obligated to participate.1 Any public employer that wishes to participate in the PFL program may do so voluntarily, or through collective bargaining in accordance with the Taylor Law.
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New SED Guidelines Regarding Immunization and Medication Management In Schools
July 13, 2017.
This is to alert you to a July 2017 document from the State Education Department (“SED”) which contains revised immunization guidelines for schools, and a May 2017 document from SED which contains revised medication management guidelines for schools1 . Please note that although the guidelines do not have the same force and effect of laws or regulations, it is suggested that they be followed. Moreover, a decision not to follow SED’s suggested guidelines which results in injury could result in additional liability for recklessness or gross negligence.
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Transition Planning for Students with Disabilities
May 25, 2017.
This is to inform you of a recent policy brief issued by the Office of Special Education division of the State Education Department ("SED"), regarding transition planning for students with disabilities. The policy brief reminds school districts of their responsibility under federal and State law to provide appropriate transition planning and services for students with disabilities.'
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Education Law §2053 Electronic Reporting for Legal Services
May 24, 2017.
This memorandum provides information about a new Portal available through the New York State Education Department (NYSED) which school districts must utilize when submitting annual reports for legal services rendered to school districts. Please note that for the current school year, annual reports must be submitted electronically through the e-filing system by June 30, 2017. Paper submissions will not be accepted.
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State Education Department’s Office of Special Education Revised Guidance and Procedures
May 24, 2017.
This is to inform you of recent revisions from the Office of Special Education division of the State Education Department (“SED”), regarding: (1) the administration of state assessments over multiple days to students with disabilities; (2) superintendent determination of graduation with a local diploma; and (3) application procedures for extended school year (“ESY”) programs.
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AT for Students with Disabilities - Attachment

Placement of Students with Disabilities in Residential Schools
May 23, 2017.
The following is a reminder of a school district's responsibility to submit timely requests for tuition reimbursement for New York State Education Department ("SED") approved residential placements.
SED has reissued prior guidance which sets forth the application procedure for reimbursement of tuition costs for in and out-of-State approved residential programs. The topics covered in the most recent guidance include:
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A Monthly Synopsis of Salient Cases in Special Education
April 12, 2017.
In this installment of the Attorney’s Corner, we review two decisions by the United States Supreme Court; two federal district court decisions, and a “Refusal to Investigate” by the Family Policy Compliance Office.
The United States Supreme Court issued its much-anticipated decision in Fry v. Napoleon Community Schools, which described the circumstances under which a family must exhaust administrative remedies in suits against school districts. Shortly thereafter, the Supreme Court issued its decision in Endrew F. v. Douglas County School District RE-1, holding that in order to provide FAPE, an IEP must be “reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances[,]” establishing that the validity of an IEP will be determined based upon the needs and abilities of each child. We also look at two federal court decisions. The first analyzes the details important to the courts concerning how a district would implement a student’s IEP. The second clarifies that a committee on special education (CSE) is not required to consider increasingly restrictive program requests from the parent once an appropriate educational program has been identified. We also review an opinion by the Family Policy Compliance Office, which refused to investigate a parent’s request to challenge a child’s quarterly progress reports pursuant to – and the school’s refusal to hold a hearing under – the Family Educational Rights and Privacy Act (FERPA) statute.
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Recent Supreme Court Case - Educational Benefit Standard
March 23, 2017.
This is to inform you of a recent U.S. Supreme Court decision regarding the level of educational benefit that school districts must provide to children with disabilities to satisfy the free appropriate public education (“FAPE”) standard under the Individuals with Disabilities Education Act (“IDEA”). In Endrew F. v. Douglas County School District RE-1, No. 15-827 (March 22,2017), Chief Justice John Roberts wrote the unanimous decision which vacated and remanded the Tenth Circuit Court of Appeal's ruling. The Tenth Circuit decision established that the standard was that an Individualized Education Program (“IEP”) is sufficient if it is calculated to provide a child with some progress. The Supreme Court reversed the decision and ruled that in order to provide FAPE, an IEP must be “reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.” In doing so, the Supreme Court established that the validity of an IEP will be determined based upon the needs and abilities of each child.
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State Education Department’s Office of Special Education Revised Guidance and Procedures
March 15, 2017.
This is to inform you of recent revisions from the Office of Special Education division of the State Education Department (“SED”), regarding: (1) the administration of state assessments over multiple days to students with disabilities; (2) superintendent determination of graduation with a local diploma; and (3) application procedures for extended school year (“ESY”) programs.
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SED Special Ed Changes - Att.1
SED Special Ed Changes - Att.2
SED Special Ed Changes - Att.3

DASA Guidance and Resources
March 3, 2017.
This memorandum is to inform you that on February 27, 2017, the New York State Education Department (“SED”) issued a memorandum entitled Available Guidance and Resources to Combat Harassment, Bullying and Discrimination in Schools in Light of Recent Immigration-related Actions. 1 SED’s memorandum describes resources school districts may access to ensure the Dignity For All Students Act (“DASA”) is fully implemented across the state to foster and maintain a safe school environment.
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DASA Resources

PRIVILEGED AND CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION MEMORANDUM
March 2, 2017.
This memorandum provides an update to our February 16, 2017 advice regarding the education of undocumented students, and summarizes a joint guidance document issued February 27, 2017, by NYS Attorney General Eric Schneiderman and Commissioner of Education Mary Ellen Elia.1 In a nutshell, the Attorney General and the Commissioner strongly reiterated that “[u]ndocumented children, like U.S. citizen children, have the right to attend school full time as long as they meet the age and residency requirements established by state law.”
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Undocumented Students

FFEDLAW Memo re LIPA PILOT and 2017-18 Tax Levy Cap Calculation.
February 27, 2017.
A number of our client school districts have raised questions about the LIPA PILOT statements received from Nassau County for the 2016-17 school year and whether those statements reflect the amount of LIPA PILOTs that should be used for purposes of calculating the District’s tax levy limit for 2017-18.
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Amendments to Local School District Wellness Policies.
February 24, 2017.
This is to inform you that the Food and Nutrition Service of the United States Department of Agriculture has released its final rule regarding wellness policies under the Healthy, Hunger-Free Kids Act of 2010 ("Kids' Act"). A wellness policy is a written document that guides a school district's efforts to establish a school environment that promotes student health and well being, as well as an ability to learn. Most of you originally adopted a wellness program policy in 2006, and revised it in 2010 to comply with the Kids' Act.
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Transgender Guidance Rescinded by the U.S. Departments of Education and Justice’s Offices of Civil Rights
February 23, 2017.
As you may know, in late June 2015, Governor Andrew Cuomo expressed his “outrage” over what he viewed as the State Education Department’s (“SED”) “failure to implement and monitor the provisions of the Dignity For All Students Act (“DASA”) relating to gender identity and expression.” In response, on July 20, 2015, the State Education Commissioner released guidance aimed to ensure that transgender and gender noncomforming (“GNC”) students have “a safe and harassment-free” school environment. SED’s guidance (attached for your convenience), is intended to promote an “educational environment that is safe and free from discrimination . . . and to facilitate compliance with local, state and federal laws concerning bullying, harassment, discrimination and student privacy.”
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Transgender Guidance Issued by the State Education Department
Additional Information Regarding Participation by Transgender Students in Athletics

New Laws Regarding School Budgets and Finances.
February 23, 2017.
This memorandum provides information about recent amendments to the Education Law, effective July 1, 2017, that relate to reserve funds, school finances, annual budgets and multi-year financial plans. The amendments were designed to increase transparency in school district fiscal operations. Set forth below is a summary of each major change.
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NYSHIP Policy Memorandum No. 122r3
February 17, 2017.
This memorandum updates the status of litigation over NYSHIP Policy Memorandum No. 122r3 (“122r3"). As you will recall, 122r3 prohibited health insurance opt-out payments to employees who retain NYSHIP coverage through a spouse or parent.
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Undocumented Students.
February 16, 2017.
This memorandum is to review a school district’s responsibility to educate all children who reside in the geographic boundaries of the school district, regardless of immigration status. Recently, enforcement actions by U.S. Immigration and Customs Enforcement (“ICE”), the federal agency responsible for immigration, have received greater media scrutiny. With this scrutiny, we have begun to receive a number of questions as to how school administration should respond to this rapidly evolving situation.
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Undocumented Students attachement

2016-17 Application for 1% Cap Exception
February 08, 2017.
This memorandum is to alert you to the recently released application from the New York State Education Department ("SED") regareding how to report student alternate assessment scores. As background, under the federal Elementary and Secodary Education Act ("ESEA"), a school district is limited in the number of students it can count as "proficient" using alternate achievement testing. Generally, alternate achievement assessments are used to evaluate the performance of those students whose disabilities are so significant that they are unable to participate in New York State assessments, even with accomodations.
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Child Abuse Reporting
January 31, 2017.
This memorandum provides information about recent amendments to the Commissioner’s Regulations pertaining to child abuse reporting. 8 N.Y.C.R.R. §100.2(nn). The purpose is to increase awareness and make it easier for members of the school community to report allegations of suspected child abuse or maltreatment.
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Epinephrine Auto-Injectors and School Health Services
January 25, 2017.
This memorandum provides information about recent amendments to New York State laws and regulations pertaining to epinephrine auto-injectors, such as EpiPen or EpiPen Jr., in the school setting. Effective March 28, 2017, the amendments will simplify the existing requirements for the maintenance and use of epinephrine auto-injectors in schools and other public places. See N.Y. Pub. Health Law §§3000-a, 3000-c and 8 N.Y.C.R.R. Part 136. An overview of each major change is set forth below.
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Optional Headgear for Girls’ Lacrosse
January 20, 2017.
This memorandum provides information about a new rule regarding the use of headgear by participants in interscholastic girls' lacrosse. For several years, except for goalkeepers, the use of headgear in girls' lacrosse has been optional. This continues to be the case; however, the New York State Public High School Athletic Association ("NYSPHSAA") recently amended its rules for girls' lacrosse to include the following provision: "Rule 2 Section 10: Effective January 1, 2017, the only optional headgear allowed for use must meet the new ASTM1 standard, F31317."
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Education Law, Labor and Employment
January 11, 2017.
As an education law firm that is AV Preeminent® rated by Martindale-Hubbell®, Frazer & Feldman, LLP offers strong general, special education, and labor counsel services, as well as a pro-active approach in advising clients.
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2017 Annual Election and Budget Vote Materials.
January 10, 2017.
As you know, on January 10, 2017, our office presented a legal seminar to provide our clients with information about the 2017 Annual Election and Budget Vote. For your information, attached please find a copy of the legal outline entitled “A Primer on School District Elections,” which was distributed to all of our attendees during the seminar.
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A PRIMER ON SCHOOL DISTRICT ELECTIONS

A Monthly Synopsis of Salient Cases in Special Education
December 27, 2016.
In this installment of the Attorney’s Corner, we review a federal court decision, three NYSED Office of State Review (SRO) decisions, a State Educational Agency decision from Massachusetts, and an OSEP policy guidance letter.
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Testing Accommodations for Grades 3-8 ELA Assessments.
December 1, 2016.
This memorandum provides information about recent guidance from the New York State Education Department ("NYSED") regarding updates to the testing accommodation "tests read" for students with disabilities.' This guidance, issued on November 22, 2016, replaces prior NYSED guidance concerning testing accommodations for students with disabilities on the Grades 3-8 NYS English Language Arts ("ELA") Assessments.
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Preliminary Injunction Staying Changes to the U.S. Department of Labor's Overtime Rule
November 30, 2016.
As you may recall, we sent a Client Memorandum regarding "Changes to the U.S. Department of Labor Overtime Rule" on June 1, 2016. This memorandum is to advise you that the rule change, which was scheduled to go into effect on December 1, 2016, was stayed by the issuance of a preliminary injunction on November 22, 2016. State of Nevada, et al v. United States Department of Labor, et al., 2016 WL 6879615.¹ The rule would have raised the threshold amount that disqualifies executive, administrative and professional salaried employees from overtime pay eligibility to $913 per week or $47,476 per year. In addition, the rule would have raised the total annual salary threshold for highly compensated employees who regularly perform at least one of the duties or responsibilities of an exempt executive, administrative or professional employee to $134,004.
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Annual District Election and Budget Vote Seminar - Save the Date.
November 29, 2016.
This is to inform you that we will be holding our annual seminar on School District Elections for all Superintendents, Administrators, Board of Education members and District Clerks who would like to attend. Topics to be covered will include pertinent dates for the 2017 annual district election, legal notice requirements, submission of propositions, voter qualifications, absentee and affidavit ballots, campaigning and electioneering, budget issues, recent Commissioner's decisions and other quirky election-related items.
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Read All About It! July, 2016
July 2016.
In this installment of the Attorney’s Corner, we review some of the more peculiar SRO decisions issued so far this calendar year, as well as provide an update on two recent matters presently before the U.S. Supreme Court.
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Cold War Veterans Exemption.
October 26, 2016.
This client memorandum provides additional information regarding the Cold War Veterans school tax exemption and the procedures to be followed for holding public hearings. We have also attached a chart showing the range of maximum exemption limits which may be adopted by school boards and a model resolution for authorizing the exemption.
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Electronic Notice Under the Open Meetings Law.
October 24, 2016.
This client memorandum provides information about a recent law that allows school districts to expand school property tax exemptions to Cold War veterans. Previously, only veterans who served during certain designated military conflicts were eligible for a school property tax exemption, if authorized by the local school board in accordance with the Real Property Tax Law ("RPTL"). Effective August 19, 2016, RPTL §458-b was amended to allow school districts to offer a real property tax exemption to Cold War veterans as well.
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Electronic Notice Under the Open Meetings Law.
October 14, 2016.
This memorandum provides information about an amendment to the Open Meetings Law(“OML”) regarding the provision of public notice of school board meetings. As you know, whenever a public meeting has been scheduled more than one week in advance, notice of the meeting must be given to the news media and posted conspicuously in one or more designated public locations at least 72 hours before the meeting. For any meeting that has been scheduled less than one week in advance, public notice must be given to the news media “to the extent practicable,” and posted conspicuously within a “reasonable amount of time” prior to the meeting. Public Officers Law §104(2). When videoconferencing will be used, the public notice must state as much, identify the locations for the meeting, and state that the public has the right to attend the meeting at any of the locations. Id., §104(4).
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U.S. Department of Education and White House Guidance Regarding Sexual Assault in Schools.
October 13, 2016.
Last week, we issued a memorandum advising our clients that the United States Department of Education (“DOE”) and the White House Task Force to Protect Students from Sexual Assault (“Task Force”) released guidance documents highlighting issues for school districts to consider when developing sexual misconduct policies. In our memorandum, we recommended that you revisit your sexual harassment policies to ensure that they comply with intent and spirit of this new guidance, and indicated that we would follow-up with a sample policy.
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Revised Sex Assault Policy

Recent U.S. Department of Education and White House Guidance Regarding Sexual Assault in Schools
October 5, 2016.
This is to advise you that the United States Department of Education (“DOE”) and the White House Task Force to Protect Students from Sexual Assault (“Task Force”) recently released guidance documents highlighting issues for school districts to consider when developing sexual misconduct policies, and reminding districts of their responsibilities and obligations under existing federal law.
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LLP regarding Lead Testing in Schools
September 13, 2016.
This is a follow-up to our June 29, 2016 client memorandum which provided information about a new law requiring school districts to test their potable water systems periodically for lead contamination. See Public Health Law §1110; Education Law §§3602 and §1950. While the new law does not go into effect until December 5, 2016, the State Department of Health (“DOH”) recently issued implementing regulations on September 6, 2016 that are effective immediately. Set forth below is an overview of the new regulations, including their fast-approaching compliance deadlines.
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Preparation for 2017 Annual Election and Budget Vote
September 1, 2016.
The followsing is intended to provide an outline of pertinent election dates for the May 16, 2017 Annual Election and Budget Vote. Please note that we will host our annual election workshop in mid January, at which time we will address all elements of the school district election process, review the latest decisions of the Commissioner, and answer any all questions you may have. We will notify you of the date and time of the workshop in early December. In the meantime, please review the following and let us know if you have any questions or concerns.
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Update - FFEDLAW Memo re LIPA PILOT Lawsuit
September 1, 2016.
In our August 25, 2016 update we advised that we and counsel for the other school district parties had asked for the date of a previously scheduled conference with the Court to be advanced. We did this in light of recent information that LIPA and the County wished to modify certain provisions of the approved settlement agreement. Our request was granted and we met with Justice Marano and opposing counsel yesterday and today.
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FFEDLAW Memo re LIPA PILOT Lawsuit
August 25, 2016.
As you will recall, in late June we advised all of our Districts that a settlement of the LIPA litigation had reached and the terms of the settlement agreement worked out with all counsel and with the Court's imprimatur. By the middle of July all 55 school district parties had formally approved that settlement agreement. The attorneys for LIPA, Nassau County, and PSEG LI were thereafter provided with documentation of that fact.
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Recent U.S. Department of Education Guidance regarding ADHD and Positive Behavioral Supports
August 18, 2016
This is to inform you two important Dear Colleague letters recently issued by the U.S. Department of Education (DOE) regarding: (1) the obligation of school districts to provide students diagnosed with attention-deficit/hyperactivity disorder (ADHD) with equal educational opportunities under Section 504: and (2) the requirement that school districts provide positive behavioral supports to students with disabilities.
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ADHD Attachment

McKinney-Vento Homeless Assistance Act (“McKinney-Vento”)
August 17, 2016
This memorandum provides information about changes to the McKinney-Vento Homeless Assistance Act (“McKinney-Vento”) that will be made by the Every Student Succeeds Act of 2015 (“ESSA”). Effective October 1, 2016, ESSA will expand transportation requirements for formerly homeless students, enhance access to preschool, and implement privacy protections for students who are experiencing homelessness, among other things.
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Update - Administration of Opioid Antagonists in School
August 1, 2016
If you recall, in August 2015, our office distributed a client memorandum regarding a change to the Commissioner's Regulations and the Education Law which established standards for the provision, maintenance and administration of opioid antagonists by school districts......
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Addressing the Needs of Transgender Students in Schools
August 1, 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."......
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Changes to the Commissioner's Regulations Regarding One-to-One Aides and Other Special Education Programs
July 19, 2016
The New York State Board of Regents recently approved amendments to the Commissioner's Regulations regarding, among other things, the provision of one-to-one aides for preschool and school aged students with disabilities......
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One to One Aides Q+A

New Amendments to the APPR Regulations
July 18, 2016
This memorandum provides information about recent amendments to the State Regulations pertaining to transition annual professional performance reviews ("APPRs") of classroom teachers and building principals, which were created in order to avoid using State assessment results......
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APPR Compliance Delay
June 29, 2016
This client memorandum provides information about a new law that extends the deadline for obtaining approval from the State Education Department ("SED") for annual professional performance review ("APPR") plans of classroom teachers and building principals under Education Law §3012-d. The new law extends......
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Lead Testing in Schools
June 29, 2016
This client memorandum provides information about a new law requiring school districts to test their potable water systems periodically for lead contamination. See Public Health Law §1110; and Education Law §§3602 and §1950......
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Amended Procedural Safeguards Notice
June 24, 2016
NYSED has published a new Procedural Safeguards Notice: Rights for Parents of Children with Disabilities, Ages 3-21 ("Notice"). Districts must begin using the amended Notice immediately......
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Superintendent Determination of Graduation with Local Diploma
June 23, 2016
NYSED's Board of Regents recently adopted emergency amendments to part 100 of the Commissioner's Regulations requiring superintendents to make local determinations whether a student classified with a disability meets the standards for a local diploma......
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Recent Second Circuit Case – A Pattern of Procedural Errors Denies FAPE
June 15, 2016
This memo is to inform you of a recent federal appellate court decision in, L.O. ex rel K.T. v. New York City Dep't of Educ., F.3d -, 2016 WL 2942301 (2d Cir., May 20, 2016), which highlights the importance of ensuring that a child's IEP is developed in accordance......
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NYSHIP Policy Memorandum 122r3
June 10, 2016
This memorandum provides information about recent developments involving NYSHIP Policy Memorandum 122r3, which prohibited the payment of declination payments to employees who opted out of NYSHIP health insurance coverage while being covered by NYSHIP through a spouse or parent......
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Changes to the U.S. Department of Labor's Overtime Rule
June 1, 2016
This memorandum provides information about recent changes to the U.S. Department of Labor's ("DOL") overtime rule under the Fair Labor Standards Act......
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CPS Interviews at School
May 26, 2016
On May 23rd, the New York State Social Services Commissioner promulgated emergency regulations, effective immediately, to address concerns regarding in-school interviews of students conducted by Child Protective Services ("CPS") without parental knowledge or consent, and/or without a court order......
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Expansion of CDOS Graduation Pathway to General Education Students
May 16, 2016
This memorandum provides you with information regarding a recent emergency amendment to the regulations concerning high school diplomas and the Career Development and Occupational Studies ("CDOS") Commencement Credential......
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Attorney Attendance at CSE Meetings
April 14, 2016
This memorandum is to alert you of a recent advisory opinion issued by the U.S. Department of Education concerning an attorney's attendance at special education meetings......
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Testing Accommodations Update April 1
April 1, 2016
This memorandum is to alert you to NYSED's updated policy on testing accommodations. This update follows the issuance of the New York Common Code Task Force's Final Report......
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LIPA PILOT Lawsuit - Update 2-24-16
February 24, 2016
We are writing to update you on the LIPA lawsuit and are pleased to report that the Court has granted a significant portion of our requested interim relief. Specifically, Justice Anthony Marano yesterday ordered LIPA to immediately pay the full amount of the payments in lieu of taxes ("PILOTs").......
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Testing Accommodations Update
February 23, 2016
This memorandum is to alert you to NYSED's updated policy on test accommodations following the issuance of the New York Common Core Task Force's ("Task Force") Final Report and passage of the Every Student Succeeds Acts ("ESSA").......
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LIPA PILOT Litigation
February 8, 2016
This memorandum is to update you on the status of the legal action against Nassau County and LIPA in connection with LIPA's payments in lieu of taxes ("PILOTs"). We returned to court last Thursday, February 4, 2016, to present our case for initial temporary relief against the County and LIPA.......
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Status Quo Letter - Bellmore UFSD v. Nassau County (Index No. 2016-710)

Municipal Restructuring Fund
February 8, 2016
This memorandum is to alert school districts to the creation of the "Municipal Restructuring Fund," ("MRF"), a program recently enacted by Governor Cuomo which provides a $25 million pool of grant money for local governmental entities. The goal of the MRF is to.......
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Legal Leaders 2015
Frazer & Feldman is proud to announce that Jack and Florence have been recognized by New York Magazine as Legal Leaders-New York Area's Top Rated Lawyers of 2015 in the fields of education, labor and employment law. The recognition is based upon their having achieved the peer reviewed rating of "AV Preeminent" by Martindale Hubbell, the company that has set the standard for lawyer ratings. The AV Preeminent rating is a significant accomplishment and demonstrates that a lawyer's peers have ranked him/her at the highest level of professional excellence.
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2015-16 Application for 1% Cap Exception
January 15, 2016
This memorandum is to alert you to the upcoming April 1, 2016 deadline for the application to seek an exception to exceed the one percent (1%) cap on students counted as postmarked by this date, or submitted electronically or by facsimile.......
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2015-16 Application for 1% Cap Exception

New York Common Core Task Force Final Report
January 12, 2016
This memorandum is to alert you to the recent issuance of the New York Common Core Task Force's ("Task Force") Final Report. Governor Cuomo empowered the Task Force to review New York's adoption and implementation of the.......
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LIPA PILOT Payments
January 12, 2016
This memorandum is to apprise you of the current status of our efforts to work with Nassau County to address a number of issues regarding LIPA PILOT payments and the implementation of the LIPA Reform Act of 2013 ("LIPA Reform Act"). We have been participating in these efforts as part of a group of attorneys representing most, if not all, of the affected Nassau County school districts. Unfortunately,.......
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Registration of Legally Blind Students
January 4, 2016
This memorandum is intended to call your attention to a December 2015 Special Education Field Advisory issued by the State Education Department ("SED") entitled "Annual Registration of All New Students Classified as Legally Blind for Procurement of Adapted Educational Materials Produced by the American Printing House for the Blind.".......
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Least Restrictive Environment Guidance ("LRE")
December 31, 2015
The State Education Department issued a Special Education Field Advisory Memo this month entitled "School Districts' Responsibilities to Provide Students with Disabilities with Specially-Designed Instruction and Related Services in the Least Restrictive Environment." The Field Advisory includes a proposed policy concerning the district's collection and analysis of Least Restrictive Environment data.......
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The Every Student Succeeds Act of 2015
December 29, 2015
This memorandum is to alert you to the recent passage of the Every Student Succeeds Act ("ESSA" or "the Act")1 by Congress. The President signed ESSA into law on December 10, 2015. ESSA essentially replaces the No Child Left Behind Act, which was passed over a decade ago, and represents a major overhaul of federal education law. While ESSA deals mainly with the responsibilities of state educational.......
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"Transition" APPRs
December 18, 2015
Effective December 31, 2015, two new State Regulations were passed to create "transition" annual professional performance reviews ("APPRs") of classroom teachers and building principals that avoid using State assessment results. See 8 NYCRR §§30-2.14 and §30-3.17. The purpose of the new Regulations is to ensure that there will be no consequences for teachers and principals related to the.......
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SED - Regents Regs 30-2.14 and 30-3.17 - APPR Transition Ratings

Dear Colleague Letter: Academic Content Standards for IEPs
December 15, 2015
This memorandum is to alert you to a recent Dear Colleague Letter issued by the U.S. Department of Education ("DOE") that concerns academic content standards for students with individualized education programs ("IEPs"). Specifically, the Dear Colleague Letter states that special education instruction must be designed so that a special education student can meet academic content.......
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Exemption from CPR Instruction Requirements for Students with Disabilities
December 15, 2015
This memorandum is to alert you to a recent amendment to the Regulations of the Commissioner of Education regarding instruction in cardiopulmonary resuscitation ("CPR") and the use of Automated External Defibrillators ("AEDs") for students with disabilities. As you may know, students in grades 9 through 12 must complete CPR/AED training at least once prior to graduation. Such instruction.......
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Annual District Election and Budget Vote Seminar - Save the Date
December 2, 2015
This is to inform you that we will be holding our annual seminar on School District Elections for all Superintendants, Administrators, Board of Education members and District Clerks who would like to attend.......
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IEP Facilitation Pilot Program
October 22, 2015
This memorandum is to alert you to a new three year pilot program being offered by the State Education Department ("SED") whereby parents and school districts can now engage in a voluntary early dispute resolution process called "IEP Facilitation." This new program allows parents and school districts to invite a neutral third party to participate in a CSE/CPSE meeting to help the parties.......
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IEP Facilitation Request Form
Agreement to Participate in IEP Facilitation Form

Preparation for 2016 Annual Election and Budget Vote
October 5, 2015
In accordance with Education Law §§2002(1) and 2022(1), your next Annual Meeting and Election is scheduled to be held on Tuesday, May 17, 2016, at which time your district's budget for the 2016-2016 school year will be voted on and candidates elected for positions on the Board of Education.......
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CPS Interviews at School
October 1, 2015
This memorandum is a follow-up to our September 28, 2015 memorandum entitled, "Child Protective Services Student Interviews," which discussed the new federal district court case, Phillips v. County of Orange, 10-CV-00236 (SHS) (August 19, 2015).1 Generally, we recommend that school districts proceed with caution when considering whether to grant requests from Child Protective Services......
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Child Protective Services Student Interviews
September 28, 2015
This memorandum is to alert you to a recent federal court decision in which the Southern District of New York held that a school district may face liability when it allows employees of Child Protective Services ("CPS") and/or the police to interview a student about suspected child abuse without parental notification or consent and without a lawful court order.......
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CDOS Informational Brochures for Parents and Businesses
September 22, 2015
This memorandum provides you with information regarding recent information published by the New York State Education Department ("SED"), Office of Special Education, regarding the Career Development and Occupational Studies ("CDOS") Commencement Credential. As you are aware, the CDOS may be awarded upon high school commencement to qualifying students who receive special education......
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CDOS Business Brochure
CDOS Parent Brochure

Alternative Transportation Options in the Event of a School Bus Strike
September 9, 2015
As you know, generally, school districts are required to transport all students in grades kindergarten through 12 in accordance with statutory or voter adopted distance limitations, including those attending nonpublic schools, special education placements and charter schools. Education Law §§2853(4)(b) and 3635. Consistent with this obligation, the State Education Department......
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SED Memo on Baumann Bus

Updated Department of Health Regulations for Immunizations
September 1, 2015
This memorandum is to alert you to the recent changes to the Regulations of the Department of Health regarding immunizations for public school students. Under the new Regulations, effective September 1, 2015, all students entering grades kindergarten through 12 must receive several vaccines before they can be admitted to school. As you may recall, our office sent out a......
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2015-16 School Year New York State Immunization Requirements for School Entrance/Attendance
View Immunizations Update 2/9/15

Administration of Opioid Antagonists
August 19, 2015
This memorandum is to alert you to the recent addition of Section 136.8 to the Commissioner's Regulations and Section 922 of the Education Law, both which establish standards for the provision, maintenance and administration of opioid antagonists by school districts as necessary for the preservation of the general welfare. Properly trained school district employees are......
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Additional Information Regarding Participation by Transgender Students in Athletics
August 6, 2015
The purpose of this memorandum is to update our July 29, 2015 correspondence reviewed guidelines adopted by the New York State Education Department ("SED") aimed to ensure that transgender and gender nonconforming ("GNC") students have "a safe and harassment-free" school environment. As we indicated in our memorandum, SED's guidelines ("Guidance to School Districts......
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United States Department of Education's Response to New York State Education Department Waiver Requests
August 4, 2015
This memorandum provides you with a summary of a recent decision from the United States Department of Education ("DOE") regarding requested waivers under Title I of the Elementary and Secondary Education Act ("ESEA"). New York's Acting Commissioner of Education, Elizabeth Berlin, requested waivers to allow New York to exempt English language learners.....
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Commissioner's Decisions Regarding Boycotting of Student Assessments
July 30, 2015
As you know, we have previously provided memoranda regarding the authority of school districts to require students to participate in state and local assessments, as well as the potential consequences that may befall districts that fail to obtain adequate student participation in such assessments. This is to inform you that the Commissioner of Education......
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Transgender Guidance Issued by the State Education Department
July 29, 2015
As you may know, in late June 2015, Governor Andrew Cuomo expressed his "outrage" over what he viewed as the State Education Department's ("SED") "failure to implement and monitor the provisions of the Dignity For All Students Act ("DASA") relating to gender identity and expression." In response, on July 20, 2015, the State Education Commissioner.....
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View Guidance to School Districts for Creating a Safe and Supportive School Environment For Transgender and Gender Nonconforming Students JULY 2015

OSEP Opinion Letter – Independent Educational Evaluations at Public Expense
July 27, 2015
This memorandum provides you with information concerning a recent opinion letter from the United States Department of Education's Office of Special Education Programs ("OSEP") concerning requests for Independent Educational Evaluations ("IEE"). As you know, an IEE is an evaluation of a student with a disability or a student suspected of......
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The New APPR Regulations – An In-Depth Review
July 27, 2015
This memorandum provides an in-depth review of new emergency regulations that were adopted on June 15, 2015 in order to implement the new annual professional performance reviews ("APPRs") for teachers and principals under Education Law §3012-d. As you may recall, earlier this year, Education Law §3012-d was enacted as part ("Act").....
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Second Circuit Decision Regarding a District's Obligation to Provide FAPE When a Student is Unilaterally Placed in a Private School
July 16, 2015
This memorandum provides you with information regarding a recent decision of the Second Circuit Court of Appeals, Doe v. East Lyme Board of Educ., 2015 WL 3916265 (2d Cir. 2015). In this case, the Court answered the question of whether a public school district is responsible for developing an individualized education program ("IEP") for a student.....
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Recent Ninth Circuit Decision Regarding the IDEA and FAPE
July 8, 2015
This memorandum provides information on a recent decision of interest from the Ninth Circuit Court of Appeals. In M.M. v. Lafayette Sch. Dist., 767 F.3d 842 (9th Cir. 2014), the court held that a school district violated the IDEA and denied a student FAPE when it failed to provide his parents with his RtI data......
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FOIL "Media Request" from American Transparency
July 6, 2015
It has come to our attention that many of our client school districts recently received an email Freedom of Information Law ("FOIL") request from an entity calling itself "American Transparency." The request asks that a copy of the following records be electronically transmitted to.....
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New Tenure Regulations and Model Resolution
June 25, 2015
This memorandum provides an overview of new emergency regulations that were adopted on June 15, 2015 in order to implement the new law extending the traditional three-year probationary period for newly hired teachers under the "Education Transformation Act of 2015" ("Act"). These new emergency regulations are effective July 1, 2015, and will apply to all probationary.....
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View Model Proationary Appointment Resolution

Ohio v. Clark: Teachers Who Report Suspected Cases Of Abuse Are Not Agents of Law Enforcement
June 24, 2015
This memorandum provides you with information on a recent decision of the United States Supreme Court, Ohio v. Clark, 576 U.S. __ (2015), which involved teacher reports of suspected child abuse. One of the issues resolved by the Court was whether a teacher, who is required to report instances of child abuse by statute, should be considered an agent of law.....
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SED Guidance for Evaluating Students with High Cognition
June 11, 2015
This memorandum provides you with an update of our June 3, 2015 memo entitled, "Twice Exceptional Students and Specific Learning Disabilities" (see attached). The New York State Education Department ("SED") recently issued a Field Advisory on the same issue regarding public school district obligations to evaluate all students suspected of having a disability.....
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Twice Exceptional Students and Specific Learning Disabilities
June 3, 2015
This memorandum provides you with information contained in a recent United States Department of Education, Office of Special Education and Rehabilitative Services ("OSEP") letter concerning twice exceptional students (Letter to Delisle). Twice exceptional, or "2E," refers to students who are both gifted (i.e., possessed with very superior cognitive ability.....
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Selecting and Appointing Impartial Hearing Officers
May 6, 2015
This memorandum provides you with information contained in a recent New York State Education Department ("SED") Special Education Advisory regarding the selection and appointment of Impartial Hearing Officers ("IHOs"). As you know, each school district must keep a rotational selection list of IHOs that have been approved by the Board of Education.....
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New APPR Laws under the "Education Transformation Act of 2015"
April 30, 2015
This memorandum is the third in our series of client memoranda that will provide information about new laws that were enacted as part of the 2015-2016 State Budget, which was adopted on April 1, 2015 (S.2006-B/A.3006-B). As you know, the 2015-2016 Budget included the "Education Transformation Act of 2015" ("Act"). Among other things, the Act included a.....
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Update: SED Statement on New Probationary Term Provisions
April 23, 2015
Earlier this week, we sent out a memorandum that discussed the probationary term periods for newly hired teachers under the "Education Transformation Act of 2015" ("Act").1 As you know, under the new law, probationary teachers who are appointed on or after July 1, 2015 shall be appointed to a probationary period of four (rather than three) years.....
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View April SED Statement

Additional Information Regarding the New Tenure Laws
April 21, 2015
This memorandum is the second in our series of client memoranda that will provide information about new laws that were enacted as part of the 2015-2016 State Budget (S.2006-B/A.3006-B). As you know, the 2015-2016 Budget included the "Education Transformation Act of 2015" ("Act"), which, among other things, provides school districts with.....
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Updated Student Enrollment Regulations
April 16, 2015
This memorandum is to inform you about the latest amendments to the Commissioner's Regulations regarding student residency, registration and enrollment. As you may recall, on December 16, 2014, the Board of Regents adopted several major amendments to these Regulations as an emergency measure. On April 14, 2015, the Board of Regents adopted yet.....
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New Tenure Laws under the "Education Transformation Act of 2015"
April 10, 2015
This memorandum is the first in our series of client memoranda that will provide information about new laws that were enacted as part of the 2015-2016 State Budget, which was adopted on April 1, 2015 (S.2006-B/A.3006-B). The 2015-2016 Budget included the "Education Transformation Act of 2015" ("Act"), which is designed to implement significant.....
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New Regulations Regarding Epinephrine Auto-Injectors
April 1, 2015
This client memorandum provides information about the provision, maintenance and use of epinephrine auto-injectors, such as EpiPen or EpiPen Jr., in the school setting. As you may know, an epinephrine auto-injector is an automated delivery device that is approved by the U.S.Food and Drug Administration for injecting a measured dose of.....
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Revised FMLA Regulations
March 26, 2015
This memorandum is to inform you about revised Regulations that provide a new definition of "spouse" under the Family Medical Leave Act of 1993 ("FMLA"). As you may know, FMLA is a federal law that requires school districts to provide up to 12 weeks of unpaid leave to eligible employees for certain medical or family care purposes within a 12-month period.....
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View § 825.102 Definitions

Athletic Placement Process
March 24, 2015
This memorandum is to inform you about a revised athletic placement process for interscholastic athletics, effective for the Fall 2015 season. The New York State Education Department ("SED") recently issued a guidance document entitled "Athletic Placement Process for Interschool Athletic Programs." In that document, SED sets forth new and revised standards.....
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Effective Communication for Students with Hearing, Vision, or Speech Disabilities
March 9, 2015
This memorandum provides you with information regarding a recent "Dear Colleague" letter that was jointly issued by the United States Department of Justice ("DOJ") and the United States Department of Education, Office of Civil Rights ("OCR"). It summarizes the responsibilities of public school.....
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Information About Special Education Upon Entry to School
February 11, 2015
We recently issued a client memo entitled "Information About Special Education Upon Entry to School" that is attached again to this email for your review. The memo discussed an amendment to Section 4402 of the Education Law that requires school districts to notify parents of their right to.....
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View Sample Parent Letter

Information About Special Education Upon Entry to School
February 11, 2015
This memorandum provides you with information regarding the recent change in Section 4402 of the Education Law that will go into effect on July 1, 2015. This amendment will require public school districts to notify parents of student rights regarding referral and evaluation for.....
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Frequently Asked Questions regarding School Immunization Laws
February 9, 2015
This memorandum provides information about the State laws that require students to be immunized against certain diseases before they can enroll in public schools. As you may know, in New York, public schools must exclude students who have not been immunized in accordance with State vaccination.....
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ELL Students Federal Guidance
January 9, 2015
This memorandum provides information on recent federal guidance regarding English Language Learners ("ELLs").
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English Language Learners
January 7, 2015
This memorandum provides information on amendments to the Commissioner's Regulations, 8 N.Y.C.R.R. Part 154, regarding requirements for identifying and educating English Language Learners ("ELLs"), and new procedures for identifying ELLs as students with disabilities.....
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