New York Special Education Law

Agenda / Content Covered

1. Establishing the Framework of Special Education Law
   9:00 - 10:00, Neelanjan Choudhury
   1. Overview of Laws That Govern Special Education
   2. Summary of Recent Developments in Special Education Law
   3. Relevant Case Law
2. Section 504 Plan Documentation: What You Need to Know
   10:00 - 11:00, Jacob S. Feldman
   1. Review of Section 504
   2. Determining When an Evaluation Is Necessary
   3. Information Required to Document a Disability
   4. Americans With Disabilities Act and 504 Plan Eligibility
   5. Proper Notice of Evaluation and Placement
   6. 504 Plan Dos and Don'ts: With Examples
3. Successfully Handling Disciplinary Actions for Students With Disabilities
   11:15 - 12:15, Jacob S. Feldman
   1. Providing Services During Disciplinary Removal
   2. Defining Functional Behavioral Assessments (FBAs)
   3. What Are Behavioral Intervention Plans?
   4. How Manifestation Determination Reviews Apply
   5. Protections for Children Not Yet Eligible for Special Education and Related Services
   6. Changes in Placement
      1. Suspensions and the Ten-Day Rule
      2. Legal Rules Governing Removal or Expulsion
      3. Interim Alternative Educational Settings
   7. Other Available Remedies
   8. "Stay Put" Placement During Pendency of Due Process
   9. Expedited Due Process Hearings
4. Unraveling the Requirements of the Individuals With Disabilities Education Act (IDEA)
   12:15 - 1:15, Neelanjan Choudhury
   1. What Are Early Intervention Programs?
   2. Defining State and Local Eligibility for Services
   3. Free Appropriate Public Education (FAPE)
   4. Conducting Evaluations and Re-Evaluations of Students With Disabilities
   5. The Role of the Individualized Education Program (IEP) and the IEP Team
   6. Availability of Personnel Who Know How to Meet the Needs of Disabled Students
   7. Specific Issues About Exceptional Needs Children Enrolled in Private Schools
   8. How, When, and Why Reauthorization Occurs
5. Ensuring Successful Due Process Procedures
   2:15 - 3:15, Tracie Smith
   1. Actions to Take Upon Receipt of Request for an Impartial Hearing
   2. Complying With Notice Requirements
   3. Examining Essential Timing Issues
   4. Providing for the Option of Mediation
   5. How to Prepare for a Due Process Hearing
   6. Crucial Elements in an Impartial Due Process Hearing
   7. When De Novo Reviews Apply
   8. Effective Ways to Avoid Due Process Litigation
6. Protecting the Rights of Children With Disabilities
   3:30 - 4:30, Tracie Smith
   1. Promoting Parent Awareness of Legal Rights and Recourse for Their Child
   2. Understanding Placement Issues
      1. Least Restrictive Environment and Inclusion
      2. Requirements for Unilateral Placements by Parents Seeking Public Payment
      3. Compensatory Education
   3. Preventing Disability Bullying and Harassment in the Schools
   4. Protecting Confidentiality of Information
   5. Special Education Damages Liability (Including Section 1983 Liability)
   6. Using the Office of Civil Rights (OCR) to Ensure Compliance

Accreditation Details:

Neelanjan Choudhury is a partner with the firm of Thomas, Drohan, Waxman, Petigrow & Mayle, LLP, where he focuses his practice in matters concerning student discipline, special education, public works contracts, construction and employment discrimination litigation, tax certiorari litigation and various other areas involving education law. Mr. Choudhury is a member of the New York State and the Duchess County bar associations. He earned his B.A. degree from the University of Rochester and his J.D. degree from Benjamin N. Cardozo School of Law.

Jacob S. Feldman is a founding partner with Frazer & Feldman, LLP. Mr. Feldman has handled the defense of public school districts in major federal and state litigation involving civil rights, age, race, disability and sexual discrimination matters, sexual harassment complaints, and special education matters. He has handled the successful defense of dozens of impartial hearings and appeals to the SRO and federal courts on behalf of school districts. Mr. Feldman is a frequent speaker in various special education law programs. He is admitted to practice law in the State Courts of New York, the United States Supreme Court, the Second Circuit and the Federal Circuit Courts of Appeals, and the Southern and Eastern District Courts of New York. Since 1987, he has served public school districts as general counsel. Mr. Feldman earned his B.A. degree, cum laude, from Brooklyn College and his J.D. degree from Brooklyn Law School.

Tracie Smith is the founder of Sydney Smith LLC, where she has more than 25 years of various aspects of law, including special education law. Ms. Smith's focus in law turned to special education when her own son was diagnosed with severe autism. She assists with case assessments, liaising with CPSE, CSE, clinicians, service providers, schools and programs. Ms. Smith also assists with 504s and IEP preps, including attendance at IEPs, preparing for due process hearings and referral of special education attorneys when required. She has assisted various special education law firms in New York City. Ms. Smith earned her B.B.A. degree and is a graduate of Conveyancing Law and Practice through Macquarie University Law School, a SEAT graduate, a notary public and a member of COPAA.