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Top 10 Special Education Issues for the 2023-24 School Year

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

New York Adopts New Regulations on Prohibition of Corporal Punishment, Aversive Interventions, Prone Restraint and Seclusion

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 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

Board of Regents Replaces the Term “Emotional Disturbance” with “Emotional Disability”

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

Education Department Issues Supplemental Guidance on Special Education Services and Instruction during COVID-19, including...

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

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

Special Education Evaluations and School Closure: Updates from the New York State Education Department

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

COVID-19 and Special Education: Key Takeaways for School Districts from Federal, State Guidance

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

New York State Releases Clarifying Guidance on Student Immunization Law

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

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

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