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New York Issues Legal Opinion that School Districts Provide Special Education Services Until Age 22

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

U.S. Supreme Court Eases Pathway for Parents of Students with Disabilities to Initiate Lawsuits Seeking Monetary Damages from...

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

Proposed Regulations Issued Last Month by United States Department of Education Would Require Schools to Significantly Update...

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

For New York Schools, Going Green Just Got a Little Easier

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

New York State Department of Health Releases Guidance on Providing In-Person Special Education Services and Instruction During the...

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

State Guidance Intended to Clarify Immunization Law May Raise More Questions, Concerns for School Districts

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

Office for Civil Rights (OCR) Further Revises its Investigative Process

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

New York State Education Department Provides Guidance on Implementing New Mental Health Instruction Requirements

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

New York State Education Department Releases Guidance on Law Related to Dyslexia, Dysgraphia and Dyscalculia

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

NYS Governor’s Education Budget has Ramifications beyond Monetary Resources

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

Diploma Safety Net Option Expanded for NYS Students with Disabilities

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

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