We are pleased to present our next installment of the Attorney's Corner, “Months in Review: February- March 2026”. In this installment, Jack Feldman, Daniel Levin and Liza Blaszcyk review a decision from the State Education Department's Chief Privacy Officer analyzing whether parental consent is required for the Committee on Special Education (“CSE”) to send packets out of district seeking to obtain an appropriate placement. Next, they review Governor Hochul's executive budget proposal to expand funding for universal prekindergarten across New York State. Third, they analyze a federal court decision denying a district's motion to dismiss allegations of repeated bullying and harassment against a student classified with a disability. Finally, Jack, Dan and Liza review a decision from the SED's Office of State Review (“SRO”) finding that the district provided FAPE in a 15:1 special class.
Frazer & Feldman, LLP is pleased to announce that an article written by attorney Daniel Levin has been published in the April edition of the American School Board Journal from the National School Boards Association. Attached for your reference is the article, An Unfunded IDEA.
Frazer & Feldman, LLP is pleased to announce that an article written by attorneys Dennis O'Brien and Daniel Levin has been published in the March 16th edition of On Board from the New York State School Boards Association. Attached for your reference is the article, Court to determine whether NYS must reinstate religious exemptions.
Read All About It! January, 2026
In this installment of the Attorney's Corner, we review the State Education Department's (“SED”) legislative priorities in special education for 2026-2027, and Governor Hochul's proposal for SED to develop instructional best practices in math. Next, we review tuition reimbursement cases from a federal district court and SED's Office of State Review (“SRO”). In the first decision, the court found that the district failed to provide FAPE. In the second decision, the SRO found the district provided the child with FAPE in an in-district 12:1:1 special class.
Nassau Lawyer - Off Campus Student Speech
On October 30, 2025, the Second Circuit Court of Appeals issued a decision in Leroy v. Livingston Manor Central School District which overturned a public-school student's one-month out-of-school suspension for off-campus conduct. At issue was a highly controversial photograph of the suspended student appearing to recreate the murder of George Floyd in 2021. The court's decision should cause school administrators to carefully consider whether a suspension should be imposed for a code of conduct violation that occurs off campus.
Read All About It! December, 2025
We are pleased to present our next installment to the Attorney's Corner: The Month in Review-December 2025. In this installment of the Attorney's Corner, Jack Feldman, Daniel Levin, and Liza Blaszcyk review the State Education Department's (“SED”) updated special education guidance for parents entitled, A Parent's Guide, and discuss its importance. They then review a report from the Center for Democracy and Technology on the use of artificial intelligence in developing IEPs and 504 plans. Next, they explore a report and recommendations made by the New York State Dyslexia and Dysgraphia Task Force. Finally, Jack, Dan and Liza review a decision from SED's Office of State Review, which denied a parent's claim for reimbursement of equitable services because the parents failed to submit a timely request for services.
This article and all previous Attorney's Corner articles can be found on our website at: www.ffedlaw.com/articles.php
Attorney-s-Corner-12_30_25.pdf
Read All About It! November, 2025
We are pleased to present our next installment to the Attorney's Corner: “The Month in Review-November 2025”. In this installment of the Attorney's Corner, Jack Feldman, Daniel Levin and Liza Blaszcyk review a decision from the Southern District of New York analyzing whether school districts are required to reimburse parents for the religious instruction portion of their children's tuition at a private school, when the district denies them a free appropriate public education (“FAPE”). They then provide an analysis of a decision from the State Education Department's (“SED”) Office of State Review (“SRO”) discussing a parent's disagreement with a CSE's initial eligibility determination. Next, they discuss an announcement from SED on joining the nationwide WIDA Consortium, and New York's switch to the WIDA Alternate ACCESS assessment for English Language Learners who meet the criteria for alternate assessment. Finally, Jack, Dan and Liza review the implications of SED's proposed regulations on diapering and toileting in schools.
This and all previous Attorney's Corner articles can be found on our website at: www.ffedlaw.com/articles.php
Attorney-s-Corner-12_14_25.pdf
December 2, 2025, Nassau Lawyer Article
Frazer& Feldman, LLP is pleased to announce that an article written by attorneys Dennis O'Brien and Daniel Levin has been published in the December edition of the Nassau Lawyer. Attached for your reference is the article, Preparing for a Chilly Reception: When ICE Officers Come to School.
Nassau_Lawyer_Dec2025-Preparing-for-a-Chilly-Reception.pdf
Read All About It! October, 2025
In this installment of the Attorney's Corner, Jack Feldman, Daniel Levin and Liza Blaszcyk review updated guidance from the State Education Department (“SED”) on students who elope from or wander in school buildings, and how to address their needs. They also review two decisions from SED's Office of State Review (“SRO”) analyzing whether the districts provided a free appropriate public education (“FAPE”) in special education disputes. In the first decision, the SRO found the district provided FAPE by recommending a general education classroom with consultant teacher direct support services and specially designed reading instruction. In the second decision, the SRO found the district provided FAPE in a 15:1 special classroom, and denied tuition reimbursement. Finally, Jack, Daniel, and Liza review a report from the Center for Dispute Resolution in Special Education, analyzing nationwide trends in complaints to the state education departments, and due process complaints.
This article and all previous Attorney's Corner articles can be found on our website at: www.ffedlaw.com/articles.php
Attorney-s-Corner-Oct-2025.pdf
Read All About It! September, 2025
In this installment of the Attorney's Corner, Jack Feldman, Daniel Levin and Liza Blaszcyk review the State Education Department's (“SED”) annual update and guidance on Academic Intervention Services (“AIS”), including cutoff scores and eligibility determinations. Next, they review a proposal from the U.S. Department of Education to no longer require districts and states to report significant racial disparity data as required under the Individuals with Disabilities Education Act (“IDEA”). Then Jack, Dan and Liza review a report from the U.S. Secret Service and Center on Positive Behavioral Interventions and Supports (“PBIS”) regarding behavioral threat assessments in schools. Finally, the team examines a court filing by the U.S. Department of Education's Office for Civil Rights (“OCR”) on its dismissal rate of discrimination claims during President Trump's administration. Finally, Jack, Dan and Liza review SED's annual report detailing its projects undertaken in the past year, and its priorities for 2025-2026. This and all previous Attorney's Corner articles can be found on our website at: www.ffedlaw.com/articles.php.
Migraines may require more than health plans, provide 504 supports that work
Attorneys Jack Feldman and Dan Levin from Frazer & Feldman, LLP were recently asked to give their opinions on the eligibility of students who suffer from migraines for Section 504 accommodation plans, and what accommodations they may need in school. Attached for your reference is the published article, Migraines may require more than health plans, provide 504 supports that work.
Special-Ed-Connection-article-on-Migraines---504.pdf
Read All About It! – August 2025
August 5, 2025
We are pleased to present our next installment to the Attorney's Corner: “The Month in Review-August 2025”. In this installment of the Attorney's Corner, Jack Feldman, Dan Levin and Liza Blaszcyk review two court decisions from the New York State Appellate Division, Third Department, which upheld SED's determination that districts are required to provide a free appropriate public education (“FAPE”) until age 22 or receipt of a high school diploma, whichever comes first. Next, they examine SED's “Portrait of a Graduate” presentation, including SED's announced change in graduation pathways, discussing its impact on classified students in New York. Third, we review a decision from SED's Office of State Review (“SRO”) analyzing whether a district provided FAPE in its 8:1:4 special class that used ABA principles. Finally, we examine a court filing by the U.S. Department of Education's Office for Civil Rights (“OCR”) on its dismissal rate of discrimination claims during President Trump's administration.
Attorney-s-Corner-_8_26_25.pdf
Read All About It! – June/July 2025
July 30, 2025
In this installment of the Attorney's Corner, we review a presentation from the State Education Department (“SED”) on inclusion classes for preschoolers with disabilities, a legal standard articulated by the U.S. Supreme Court on Section 504 claims against school districts, and two decisions from SED's Office of State Review (“SRO”) analyzing whether the district provided FAPE where parents filed for due process seeking tuition reimbursement at private schools.
Read All About It! - May 2025
June 2, 2025
We are pleased to present our next installment to the Attorney's Corner:, “The Month in Review-May 2025”. In this installment, Jack Feldman, Daniel Levin and Liza Blaszcyk review updated guidance from the State Education Department (“SED”) on alternate assessments and Superintendents' local diploma determinations for students with disabilities. Next, they review a court case from the Eastern District of New York, which found that the district provided FAPE in a 15:1:1 special class and denied the parents' request for tuition reimbursement. Finally, Jack, Dan and Liza review a federal court case, in which the Second Circuit Court of Appeals found that the district discriminated against a student under Section 504 and the Americans with Disabilities Act (“ADA”) by excluding him from the school baseball team because of his Tourette's Syndrome.
NYSASA On Board
May 19, 2025
Frazer & Feldman, LLP is pleased to announce that an article written by Daniel Levin has been featured in the May edition of On Board for the New York State School Boards Association. The attached article is entitled “What restrictions can districts place on employee speech in schools?” See link for article: Employee Speech Restrictions
Read All About It! - April 2025
May 7, 2025
In this installment of the Attorney's Corner, we review an audit report published by the New York State Comptroller's Office regarding Access to
Preschool Special Education Services, and the difficulties that districts have in obtaining preschool service providers. Next, we review guidance from the State Education Department (“SED”) on when and how districts can provide virtual instruction to English Language Learners and students with disabilities. Third, we review a decision from the Office of State Review (“SRO”), which found that a CSE's change in program to a 12:1:1 special class was appropriate to meet the student's needs, and that the CSE's recommendation for the student to be mainstreamed during lunch, specials, and gym class satisfied its LRE obligation. Finally, we review an SRO decision, which found that the district provided FAPE to address the student's math needs, and denied the parents' request for tuition reimbursement.
Read All About It! - March 2025
March 26, 2025
We are pleased to present our next installment to the Attorney's Corner: “The Month in Review: March 2025”. In this installment, Jack Feldman, Daniel Levin and Liza Blaszcyk review Guidance from the State Education Department on educational assessments and testing accommodations. They next examine a court case which found that a school district failed to develop a concrete plan to address a classified student's school refusal. Finally, Jack, Dan and Liza explore an SRO decision which denied the parents request for tuition reimbursement and found that a district provided FAPE in an 8:1:1 special class.
“When Does FAPE End for Students with Disabilities?”
March 25, 2025
Frazer & Feldman, LLP are pleased to announce that an article written by Daniel Levin has been featured in the April edition of the American School Board Journal. The article is entitled “When Does FAPE End for Students with Disabilities?” When Does FAPE End for Students with Disabilities
Read All About It! - February 2025
February 24, 2025
We are pleased to present our next installment to the Attorney's Corner: "The Month in Review: February 2025".
In this installment, Jack Feldman, Daniel Levin and Liza Blaszcyk review Guidance from the U.S. Department of Education's Office of Special Education and Rehabilitation Services regarding transition services and post-secondary access. They next examine proposed regulations that the DOE recently withdrew related to Medicaid reimbursement under IDEA. Jack, Dan and Liza then explore an SRO decision dealing with a manifestation determination review of a classified student's out of school suspension. Finally, they provide some insight regarding an SRO decision that found a district's placement recommendation at BOCES was inappropriate to meet the student's behavioral needs.
Read All About It! - January 2025
January 3, 2025
We are pleased to present our next installment to the Attorney's Corner:, “The Month in Review: January 2025”. In this installment, Jack Feldman, Daniel Levin and Liza Blaszcyk start with examining proposed regulations from the State Education Department (“SED”) on reading instruction in schools, and the annual report for the 2024 Fiscal Year from the U.S. Department of Education's Office for Civil Rights (“OCR”). Next, they review a court case from the Southern District of New York, analyzing whether the Committee on Special Education (“CSE”) properly considered a private evaluation submitted by the parents, and the appropriateness of an Integrated Co-Teaching (“ICT”) program recommendation. Finally, Jack, Dan and Liza look at a decision from SED's Office of State Review (“SRO”), which found that a school district provided FAPE in the least restrictive environment.
Archived Articles
For further information on earlier updates, or if you have questions about any of the above items, please email [email protected].