July 29 (New F&F Decision):
1. Caviezel v. Great Neck Public Schools, 10-cv-652 (July 23, 2011) (Joseph W. Carbonaro, Esq., of Counsel)
Martina and Andreas Schenk Caviezel, who claimed their religious beliefs bar them from vaccinating their daughter, lost their bid to enroll the child the Great Neck School District. The Caviezels sought to enroll their 5-year-old daughter, CC, in Great Neck without immunizations. However, after previous rulings denying a preliminary injunction and narrowing claims, Eastern District Judge Arthur D. Spatt ruled that the Caviezels had not shown additional evidence of their religious beliefs to withstand a summary judgment motion on the remaining State claim under Public Health Law §2164(9). This statute offers exceptions to immunization laws for religious beliefs. The text of the decision is available at:
http://www.newyorklawjournal.com/CaseDecisionNY.jsp?id=1202508280873
In Caviezel v. Great Neck Public Schools, 10-cv-652, Judge Spatt held that the Caviezels had not shown "a valid religious objection" to immunization. "[B]ecause the plaintiffs present no additional evidence to the Court beyond what was adduced at the preliminary injunction hearing, the Court's analysis of that evidence, as set forth in its extensive Caviezel I opinion, stands." As you may know, last year, Judge Spatt denied the Caviezels' request for a preliminary injunction that would have allowed them to enroll their child in pre-kindergarten, holding that the Caviezels' pantheistic beliefs were genuine but not religious and, therefore, did not deserve an exemption from immunization laws (NYLJ, April, 7, 2010). Later, Judge Spatt denied the their constitutional claims as well (NYLJ, Sept. 28, 2010).
See related citations: Caviezel v. Great Neck Public Schools, 739 F.Supp.2d 273 (E.D.N.Y., September 24, 2010) and 701 F.Supp.2d 414 (E.D.N.Y., April 5, 2010); see also the related NYLJ Article entitled, "Couple's Bid to Enroll Unimmunized Daughter in Public School Rejected" (07-27-2011) at
http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202508293697&slreturn=1
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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Friday, October 28, 2022
1:45 p.m. - 3:00 p.m.
2022 New York State School Boards Association Convention
Cayuga Court, Lobby Level, Marriott
Jack Feldman will be speaking at the New York State School Boards Association Convention in Syracuse, NY. The topic will be Special Education: The Basics and More and will cover Individuals with Disabilities Education Act; Section 504 of the Rehabilitation Act of 1973; the implementation of IDEA and Section 504; continuation of special education services through age 23 and more. Please visit https://convention.nyssba.org for more information.
Friday, April 8, 2022
10:00 a.m. – 3:30 p.m.
2022 Annual School Law Conference
Sponsored by the Education Law Committees of Suffolk and Nassau County Bar Associations
As well as the Suffolk & Nassau Academies of Law
Speakers:
Jacob S. Feldman, Esq., Frazer & Feldman, LLP
Christie Jacobson, Esq., Frazer & Feldman, LLP
Joseph Lilly, Esq., Frazer & Feldman, LLP
Dennis O’Brien, Esq., Frazer & Feldman, LLP
Topics will include: “Deal or No Deal” - Disciplinary Proceedings in Cyberspace; Special Education “Jeopardy!” – Navigating the Perils of Spe-cial Education Ethics One Question at Time; and “Let’s Make a Deal” – Negotiating in the Post Pandemic.
March 30, 2022
Freedom of Information Law (“FOIL”) Training Seminar
Christie R. Jacobson held a client training seminar on the New York State Freedom of Information Law (“FOIL”) for all school board members, Superintendents of Schools, interested school administrators, Records Access Officers, FOIL Appeals Officers, and district clerks. For more information, please go to the Client Memoranda tab of our website for a recording of the seminar.
February 11, 2022
On-Line Seminar
9:00 a.m. to 4:30 p.m.
IEP and 504 Plan Legal Workshop
Jack Feldman will be presenting a seminar on the IEP Development Process: Handling Difficult Issues and Key Considerations for Implementing IEPs. The seminar will address IDEA evaluation report essentials; IEP Meetings; creating measurable IEP goals and progress requirements; who should receive a copy of IEPs and what form should it be; and what to do when IEPs aren’t working. For additional information, please visit www.nbi-sems.com.
Wednesday, February 16, 2022
Webinar: Social Media Ethics for School Attorneys
When lawyers use social media, what ethical rules apply? And how?
Time: Noon to 1:00 p.m.
Price: $110 per person
Christie R. Jacobson will co-present a seminar on the topic of school attorneys and their law firms are using social media platforms such as LinkedIn, YouTube, and Twitter to connect with both current and prospective clients. However, as with all other forms of attorney advertising, they must remain mindful of potentially serious ethical implications. For example, Rule 7.1 of the New York Rules of Professional Conduct governs attorney and law firm advertisements, including content published on the Internet and via social media. This webinar will review the rules governing social media ethics and their application to attorneys who practice education law. For more information and to register, please visit https://www.nysasa.org.
1415 Kellum Place, Suite 201
Garden City, New York 11530
Phone: (516) 742-7777
Fax: (516) 742-7868
info@ffedlaw.com
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