New York Special Education Law

Agenda / Content Covered

All times are shown in Eastern time.

1. ESTABLISHING THE FRAMEWORK OF SPECIAL EDUCATION LAW
   9:00 - 10:00, Tara L. Moffett
   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
   10:15 - 11:15, Tara L. Moffett
   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 Do's and Don'ts: With Examples
3. SUCCESSFULLY HANDLING DISCIPLINARY ACTIONS FOR SPECIAL NEEDS STUDENTS
   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. ENSURING SUCCESSFUL DUE PROCESS PROCEDURES
   1:15 - 2:15, Jacob S. Feldman
   1. Actions to Take Upon Receipt of Request for 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
5. UNRAVELING THE REQUIREMENTS OF THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA)
   2:15 - 3:15, Marion M. Walsh
   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 Special Needs
   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
6. PROTECTING THE RIGHTS OF CHILDREN WITH SPECIAL NEEDS
   3:30 - 4:30, Marion M. Walsh
   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:

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.

TARA L. MOFFETT is a partner with Girvin & Ferlazzo, PC, where she concentrates her practice in the area of education law with a focus on special education. She is experienced in the field of special education, including Section 504 of the Rehabilitation Act and the Individuals with Disabilities Education Act. Ms. Moffett’s practice includes consultation, negotiation, mediation, litigation, and appellate work in state administrative proceedings and federal court. She provides guidance and training to school districts on general education matters such as confidentiality of student records, residency issues, bullying, and discipline. Ms. Moffett is admitted to practice before the U.S. District Court for the Southern District of New York and in the state of New York. She is an adjunct professor with Empire State College teaching business law and employment law. Ms. Moffett has also been named to the Executive Board for the New York Capital Region Special Education Task Force. She is a cum laude graduate of the State University of New York at Albany and a graduate of Albany Law School of Union University.

MARION M. WALSH is a partner with the law firm of Littman Krooks LLP, where she leads the firm's special education practice. Ms. Walsh particularly works in assisting students with complex mental health challenges locate an appropriate school placement and services, and transition to college and independence. She serves on the Board of Directors for NAMI (National Alliance on Mental Illness) Westchester, and is a co-chair of the Lower Hudson Special Education Task Force. Ms. Walsh has written three books: What Do I Do When? The Answer Book on the No Child Left Behind Act, The Superintendent's Guide to Special Education Policies and Procedures, and Student Discipline & School Safety: Administrator's Guide to Best Practices, Policies & Procedures. She is admitted to practice in New York, the United States Court of Appeals for the Second Circuit and the United States District Courts for the Southern and Eastern Districts of New York. Ms. Walsh earned her J.D. degree from New York University School of Law and her B.A. degree, summa cum laude, from Long Island University C.W. Post Campus.