Education Law

NY Specific

4.27

New York Special Education Law

Credits Available
Credit Status Total
Connecticut CLE Approved 6 Total
New York CLE Approved 7 Total
Pennsylvania CLE Approved 6 Total
OnDemand
5 hours 50 minutes
Marion Walsh
Jacob Feldman
Daniel Levin
With Marion M. Walsh from Littman Krooks LLP + 2 others
Recorded December 04, 2024
Product ID 99299

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Overview

Comply With the Latest Special Education Laws to Avoid Liability

With increasing numbers of students qualifying for special education services, professionals working with students with disabilities know that an understanding of special education law is crucial. You need to know the law in order to deal with complex questions that arise on a regular basis. Who pays when a disabled student is placed in private schooling at the parents' election? How can a school create the least restrictive environment and promote inclusion to the best interests of all students? It can be costly if you don't know. Register today!

  • Strengthen your knowledge of how recent special education legislation affects school policies and operations.
  • Learn what to do and what not to do in 504 plans.
  • Evaluate the legal protection offered by the Individualized Education Program (IEP).
  • Successfully handle disciplinary actions for students with disabilities.
  • Explore the role of manifestation determination reviews (MDRs) in disciplinary actions.
  • Understand the rights of disabled students so you can avoid inadvertent illegal actions that may lead to a lawsuit.

Abbreviated Agenda

  1. Establishing the Framework of Special Education Law
  2. Section 504 Plan Documentation: What You Need to Know
  3. Unraveling the Requirements of the Individuals With Disabilities Education Act (IDEA)
  4. Successfully Handling Disciplinary Actions for Students With Disabilities
  5. Ensuring Successful Due Process Procedures
  6. Protecting the Rights of Children With Disabilities
Product ID 99299

Credit Details

Credits Available
Credit Status Total
Connecticut CLE Approved 6 Total
New York CLE Approved 7 Total
Pennsylvania CLE Approved 6 Total
Select Jurisdiction
CLE

Agenda

All times are shown in
  1. Establishing the Framework of Special Education Law

    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

    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. Unraveling the Requirements of the Individuals With Disabilities Education Act (IDEA)

    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
  4. Successfully Handling Disciplinary Actions for Students With Disabilities

    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
  5. Ensuring Successful Due Process Procedures

    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

    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

Who Should Attend

This basic-to-intermediate level seminar is designed specifically for professionals who work with children with disabilities in a school setting. Those who should attend include:

  • School Administrators
  • Superintendents
  • Board Members
  • Principals
  • Counselors
  • School Psychologists
  • Teachers
  • Attorneys

Speakers

Marion M Walsh
Marion M.
Walsh
Littman Krooks LLP
Jacob S Feldman
Jacob S.
Feldman
Frazer & Feldman, LLP
Daniel Levin
Daniel
Levin
Frazer & Feldman, LLP
Speaker bio
Marion M Walsh

Marion M. Walsh

Littman Krooks LLP
Marion Walsh

is a partner with the law firm of Littman Krooks LLP, where she leads the firm's special education practice. She particularly works in assisting students with complex mental health challenges locate an appropriate school placement and services and transition to college and independence. Ms. Walsh serves as president of the Board of Directors for NAMI (National Alliance on Mental Illness) Westchester, and is a board member of the Lower Hudson Special Education Task Force. She 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 and School Safety: Administrator's Guide to Best Practices, Policies & Procedures. Ms. Walsh is admitted to practice in New York, and before the U.S. Supreme Court, U.S. Court of Appeals for the Second Circuit, and U.S. District Court for the Southern and Eastern districts of New York. She 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.

Speaker bio
Jacob S Feldman

Jacob S. Feldman

Frazer & Feldman, LLP
Jacob Feldman

is a founding partner with Frazer & Feldman, LLP. He 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. Mr. Feldman has handled the successful defense of dozens of impartial hearings and appeals to the SRO and federal courts on behalf of school districts. He is a frequent speaker in various special education law programs. Mr. Feldman is admitted to practice law in the state courts of New York, and before the U.S. Supreme Court for the Second Circuit and Federal Circuit Court of Appeals, and 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.

Speaker bio
Daniel Levin

Daniel Levin

Frazer & Feldman, LLP
Daniel Levin

is an attorney with Frazer & Feldman, LLP where he focuses his practice on special education law, including representation of school districts in due process hearings, CSE meetings for IEPs, 504 plans, settlements, and manifestation determination reviews. Prior to joining Frazer & Feldman, LLP, he worked as senior counsel and legislative director in the New York State Senate, where he negotiated, drafted and advised state legislators on budget bills, voting rights legislation, criminal law and criminal justice reform, and local government issues. Mr. Levin also worked as a staff attorney and team leader for the Special Education Unit of the New York City Department of Education (DOE), where he investigated, settled and litigated due process complaints under the IDEA on behalf of the school district. He also drafted appeals to the State Review Office on IDEA hearings and chaired a committee focused on improving the unit's litigation practice. As team leader, he supervised attorneys in representing the district on IDEA claims for settlements and hearings. Mr. Levin earned his J.D. degree from Albany Law School and was the symposium editor of the Albany Government Law Review. He earned his B.A. degree in political science from Binghamton University. Mr. Levin is admitted to practice in New York and is a member of the Nassau County Bar Association.

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