Harris Beach has a team of four attorneys paying close attention to issues and news in the special education arena. Based on their knowledge of the field, they have assembled a list of issues for school districts, special...more
Under New York’s law and regulations, there are several well-settled guiding principles for physically interacting with students with disabilities: corporal punishment is prohibited; the use of aversive interventions has been...more
New York’s State Education Department recently issued a recommendation that school districts provide special education services to some students with disabilities through age 22: an additional year that will likely impact...more
On March 21, 2023, the United States Supreme Court issued a ruling that could significantly impact how special education claims against public school districts are litigated.
In Perez v. Sturgis Public Schools, the Court...more
When a Committee on Special Education (CSE) classifies a child as a student with a disability under the Individuals with Disabilities Education Act, the committee must place the student within one of thirteen classification...more
In celebration of the 50th anniversary of Title IX, the U.S. Department of Education released for public comment on June 23, 2022 proposed changes to the Title IX regulations applicable to elementary and secondary schools, as...more
7/11/2022
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In September of 2021, Gov. Kathy Hochul announced the allocation of $59 million to fund the Clean Green Schools Initiative. The program aims to advance clean energy efficiency solutions and clean energy to improve indoor air...more
On June 7, a law was enacted continuing the changes made to the tenure and the APPR performance review process for teachers and principals enacted during the early stages of COVID-19 pandemic period. School districts should...more
During the 2019-2020 and 2020-2021 school years, the Board of Regents and New York State Education Department (NYSED) temporarily modified the requirements for all students, including students with disabilities, to earn high...more
On June 20, 2020, the New York State Education Department (SED) released two highly anticipated supplemental Question and Answer documents regarding special education, following guidance previously released on March 27 and...more
On Tuesday, June 9th, the New York State Department of Health (“DOH”) released an interim advisory containing guidelines for delivering in-person special education services and instruction while helping to protect against the...more
New York state’s mandated school closures due to COVID-19 have resulted in a number of questions related to special education. One such question relates to conducting special education evaluations. Under the regulations,...more
As we are all experiencing, statewide school closures due to COVID-19 are substantially affecting our schools and students. There are particular implications for students with disabilities who have individualized education...more
Receiving free or reduced school breakfasts or lunches would not render immigrant children ineligible for green cards or other immigration benefits, despite changes to longstanding guidance on the public charge of...more
As summer draws to an end, New York state school districts have a new round of reading material related to the change in immunization law that Governor Cuomo signed in June...more
On August 16, 2019, the New York State Education Department (“SED”) released additional guidance on implementing the recent changes to New York state’s Public Health Law, which repealed the religious exemption from...more
Over the years, public school districts have scrutinized the United States Department of Education’s Office for Civil Rights (OCR) for the manner in which it has handled its investigations. Among other things, public school...more
Beginning with the 2018-2019 school year, New York state schools must include instruction in mental health as part of their health education curriculum pursuant to recently amended state law and regulations....more
The New York State Education Department (NYSED) recently released guidance related to students with dyslexia, dysgraphia, and dyscalculia. As we informed you through a Legal Alert issued in September 2017, the Commissioner...more
The 2018 legislative session ended late Wednesday, June 20 for the Assembly, and early Thursday, June 21 for the Senate, without the traditional flurry of high profile bills being passed through compromises across the aisle. ...more
Governor Cuomo’s 2018-2019 school aid proposal calls for an increase of about 3 percent or $769 million in total school aid. This is significantly lower than the $1.6 billion increase recommended by the Board of Regents. Many...more
As New York state lawmakers prepare to learn details, schools and municipalities face impacts of Governor Andrew Cuomo’s 2019 spending plan. The State Budget, totaling $168.2 billion in spending calls for $100 billion in...more
1/22/2018
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In December 2017, the Board of Regents adopted new emergency regulations that expanded the “superintendent determination” option for students with disabilities seeking to earn a local diploma upon high school graduation. ...more