Legal Updates

March 16 (New F&F Decision):
After several counseling memos directing employee to improve his attendance, the District terminated the employee based on excessive absences. However, in a “last chance” warning memo to the employee, the District erroneously misclassified some of the employee’s absences as Workers Compensation when they were not; employee brought a claim that the District had terminated him in retaliation for taking Workers Compensation leave and benefits. The Workers Compensation Board Administrative Judge agreed, calling the last chance memo “unconscionable” and therefore, unenforceable. On appeal to the Workers Compensation review panel, the decision was reversed because there was no evidence that the District’s reason for terminating the employee was because he received Workers Compensation benefits. The Panel noted that the District had issued several warnings to the employee to improve his attendance and that it is permissible to terminate an employee based on excessive absences, even when due to a Workers Compensation injury.
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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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    Jacob S. Feldman, Esq., presented a seminar on “Special Education”.
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    Jack Feldman conducted a full-day seminar on "Developing a Bulletproof IEP." The program covered 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 provides 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 find this seminar invaluable. The seminar is sponsored by PESI. The seminar also covers 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 also covers initial referrals, evaluations, medical diagnoses, classification and more. For additional information visit www.PESI.com.


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    Christie Jacobson, Esq., presented at the New York State School Boards Association Annual School Law Conference held on October 25-27, 2018. Ms. Jacobson presented on the topic of “Student Residency, Undocumented Students and Homelessness.” The audience for this presentation were school board members, school administrators and school attorneys from throughout the State of New York. For additional information visit WWW.NYSSBA.ORG.


    Jacob Feldman, Esq., presented at the New York State School Boards Association Annual School Law Conference held on October 25-27, 2018. Mr. Feldman presented on the topic of “Special Education - An Ever Changing Landscape.” The audience for this presentation were school board members, school administrators and school attorneys from throughout the State of New York. For additional information visit WWW.NYSSBA.ORG.



  • June 15, 2018

    Jacob S. Feldman, Esq., and Timothy M. Mahoney, Esq., presented “Applying Special Education Law to Everyday Issues” on June 15, 2018, the second day of a two-day event, for the National Business Institute. Mr. Feldman presented on preparing for and testifying at due process hearings. Mr. Mahoney presented on prior written notices, behavioral issues, and student discipline. The workshop was held at the Four Points by Sheraton Plainview, 333 South Service Road, Plainview, NY 11803. For further information please visit www.nbi-sems.com.



  • Christie Jacobson, Esq., to Present at Annual Law Conference

    June 1, 2018

    Christie Jacobson, Esq., presented at the New York State Association of School Attorneys 18th Annual School Attorney Law Conference, held on June 1-3, 2018. Ms. Jacobson presented on the topic of “Student Enrollment: Practical and Legal Challenges Involved in Verifying Resident Students.” The audience for this presentation were school attorneys from throughout the State of New York.



  • Christie Jacobson, Esq., to Present on Free Speech Rights

    March 27, 2018

    Christie Jacobson, Esq., recently presented “The Contours of Student Free Speech Rights” on March 27, 2018 at the New York State School Boards Association’s 2018 Policy Workshop. The workshop was held at the Holiday Inn Plainview, 215 Sunnyside Boulevard, Plainview, NY 11803. For further information please visit www.nyssba.org.



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    The Impact on IEP Development of the Supreme Court Decision in Endrew F. and the Second Circuit Decision in T.K.
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