Seminar Detail

Special Education Law in New York
Tuesday, October 29, 2019 at 8:00 AM - 3:45 PM

This event is not currently available for purchase.

For more information: Call (800) 844-8260
Course Description:

The educational rights of students with disabilities and the obligations of school districts are constantly evolving due to changes in federal and state law and their interpretation. This seminar will provide you with essential and up-to-date information about federal and state special education laws, administrative and judicial rulings interpreting these laws, and current OCR compliance issues. It is essential for educators to know these legal requirements and understand how these requirements impact their day-to-day activities and the students they serve.

This seminar provides you with a comprehensive, one-day approach to the impact of IDEA on New York Special Education Law, for those working within the education system. Recent updates will be covered! Administrators, board members, regular and special educators, related service providers, counselors, psychologists, and social workers will find this seminar invaluable and are encouraged to attend.

  1. Analyze the IEP development process to ensure compliance with regulatory requirements and reduce the risk of litigation.
  2. Establish factors that indicate a duty to evaluate and explore proper responses to requests for evaluations and re-evaluations.
  3. Determine strategies that properly address behavioral and disciplinary concerns in a special education setting.
  4. Analyze the IEP development process to ensure compliance with regulatory requirements and reduce the risk of litigation.
  5. Communicate four strategies that simultaneously address student needs while minimizing risk of due process.
  6. Explore ethical considerations related to the delivery of special education services.

Developing a Bulletproof IEP
  • Contents of the IEP
  • Amendments to the Education Law and Regulations
  • Composition of a Proper CSE (including excusal of members)
  • CPSEs (including eligibility, mandated members, and services)
  • Parents as C(P)SE Members
  • SED Form IEP and Letters
  • Prior Written Notice Letters
Special Factors in IEP Development
  • Behavioral Considerations
  • Communication Needs
  • Assessment of Functional Levels and Needs
  • IDEA Classification (including identification of specific learning disabilities)
  • Related Services
  • ESY/ESD Services
  • Goals and Objectives
  • Placement
  • Testing Accommodations
  • IEP Review
  • Supplementary Aids and Services, Modifications and Accommodations
  • Transition Services
  • Amending the IEP
  • Common Mistakes Districts Make During IEP Development
  • Home-Schooled Students with Disabilities
  • LRE & ESY
  • Implementing the IEP (including approval of IEP services, IDEA’s ASAP Standard, and steps taken to ensure IEP implementation)
  • Declassification Services
  • Rtl
Student Discipline
  • Suspensions/Changes of Placement/Removals
  • FBAs/BIPs
  • Superintendent’s Hearings
  • Manifestation Determinations
  • Interim Alternate Educational Setting
  • Child Find Obligations
  • District of Location/District of Residence
  • Parentally-Placed Children (including new case regarding LRE)
  • Due Process
  • Provision and Revocation of Parental Consent
  • Independent Educational Evaluations (IEE’s)
  • Reevaluation
  • Transfers – Students with IEPs
  • Access to Evaluation Data
Due Process
  • Procedural Safeguards Notice
  • Due Process Complaint
  • Statute of Limitations
  • Resolution Sessions
  • Burden of Proof (including new case on Retrospective Testimony)
  • Hearing Procedures (including recent updates)
  • Attorney Fees
  • SRO Appeals
  • Federal Court Appeals


Jacob S. Feldman, Esq., is a partner in the law firm of Frazer & Feldman, LLP. He received his J.D. from Brooklyn Law School and his B.A. (cum laude) from Brooklyn College. Mr. Feldman 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, the Court of Federal Claims, and the Southern and Eastern District Courts of New York. 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, special education matters, complaints alleging First, Fifth and Fourteenth Amendment violations as related to the collection of school district taxes, and appeals to the Appellate Division, First and Second Departments, the New York State Court of Appeals, and to the Second Circuit Court of Appeals. He has handled the successful defense of dozens of impartial hearings and appeals to the NYS Office of State Review and Federal Courts on behalf of school districts.

Mr. Feldman is a frequent speaker and participant in various special education law programs, speaking on topics including, “Developing a Bulletproof IEP”, student discipline, preparation for and defense of impartial hearings and Section 504, conducted by the Nassau County Bar Association, the Nassau-Suffolk Academies of Law, NYSSBA, the Long Island Association of Special Education Administrators, the Council of New York Special Education Administrators, PESI, St. John’s University, and school districts throughout Nassau and Suffolk Counties. He is the author of the “Read All About It” column, a monthly compilation of special education cases appearing in the Attorney’s Corner of the Frontline’s Directors’ Website. He received LIASEA’s 2010 Award of Distinction for his special education work on behalf of school districts. He has been recognized annually by Pulse magazine as one of Long Island’s “Top Legal Eagles” in the field of Education Law for the period of 2010-2019 and as a “Legal Leader – New York Area’s Top Rated Lawyers” of 2013-2019 in the fields of education and labor law featured in New York Magazine.

Speaker Disclosures:

Financial: Jacob Feldman is a Partner with Frazer & Feldman, LLP. He receives a speaking honorarium from PESI, Inc.

Nonfinancial: Jacob Feldman has no relevant nonfinancial relationship to disclose.
Credits listed below are for full attendance at the live event only. After attendance has been verified, pre-registered attendees will receive an email from PESI Customer Service with the subject line, “Evaluation and Certificate” within one week. This email will contain a link to complete the seminar evaluation and allow attendees to print, email or download a certificate of completion if in full attendance. For those in partial attendance (arrived late or left early), a letter of attendance is available through that link and an adjusted certificate of completion reflecting partial credit will be issued within 30 days (if your board allows). Please see “live seminar schedule” for full attendance start and end times. NOTE: Boards do not allow credit for breaks or lunch.

If your profession is not listed, please contact your licensing board to determine your continuing education requirements and check for reciprocal approval. For other credit inquiries not specified below, or questions on home study credit availability, please contact or 800-844-8260 before the event.

Materials that are included in this course may include interventions and modalities that are beyond the authorized practice of mental health professionals. As a licensed professional, you are responsible for reviewing the scope of practice, including activities that are defined in law as beyond the boundaries of practice in accordance with and in compliance with your professions standards.

PESI, Inc. offers continuing education programs and products under the brand names PESI, PESI Healthcare, PESI Rehab and Psychotherapy Networker.

New York Counselors: CE credit is available. PESI, Inc. is recognized by the New York State Education Department's (NYSED) State Board for Mental Health Practitioners as an approved provider of continuing education for Licensed Mental Health Counselors. #MHC-0033. This activity will qualify for 7.3 contact hours. Full attendance is required; no partial credits will be offered for partial attendance.

This course is designed to qualify toward your professional development requirement. The program is 6.0 clock hours in length.

New York Educators: PESI, Inc. is an approved sponsor of CTLE with the New York State Education Department's (NYSED) Office of Teaching Initiatives. Provider #23567. This activity will qualify for 6.0 Approved Continuing Teacher and Leader Education (CTLE) Hour(s), in the area of Pedagogy. Hours are based on full attendance. Board required certificates will be sent after the program.

Nurses, Nurse Practitioners, and Clinical Nurse Specialists
This activity consists of 6.0 clock hours of continuing education instruction. Credit requirements and approvals vary per state board regulations. Please save the course outline, the certificate of completion you receive from this activity and contact your state board or organization to determine specific filing requirements.

Psychologists/School Psychologists: PESI, Inc. is approved by the National Association of School Psychologists to offer professional development for school psychologists. PESI maintains responsibility for the program. Provider #1140. PESI is offering this activity for 6.0 hours of continuing education credit. Full attendance is required; no partial credits will be offered for partial attendance.

New York Social Workers: PESI, Inc. is recognized by the New York State Education Department's (NYSED) State Board for Social Work as an approved provider of continuing education for licensed social workers #SW-0008. This activity will qualify for 7.3 contact hours. Full attendance is required; no partial credits will be offered for partial attendance.

Other Professions
This activity qualifies for 365 minutes of instructional content as required by many national, state and local licensing boards and professional organizations. Save your course outline and certificate of completion, and contact your own board or organization for specific requirements.

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