Second Circuit Adopts Two-Pronged Test for Least Restrictive Environment Under IDEA


ADMINISTRATIVE LAW, CIVIL RIGHTS, EDUCATION LAW, GOVERNMENT LAW

P., by His Parents v. Newington, No. 074652

Final judgment granting defendant’s motion for summary judgment and affirming the decision of an administrative hearing officer that the plaintiff elementary-school student’s Individualized Education Plan for the 2005-2006 academic year complied with the requirement under the Individuals with Disabilities Education Act is affirmed where determining whether a student has been placed in the “least restrictive environment” requires a flexible, fact-specific analysis, considering whether, with the aid of appropriate supplemental aids and services, education in the regular classroom may be achieved, and if not, whether the school has included the student in regular classes, programs, and activities to the maximum extent appropriate.

NYSBA LPM alert – FDIC temporary increase


Dear NYSBA members:

The Law Practice Management Committee is pleased to share this information outlining the temporary increase of FDIC deposit insurance for all banks. Please seewww.nysba.org/FDIC for details.

Attorneys should be aware that the FDIC insurance limit increase is not a permanent measure and expires by its terms on December 31, 2009. In addition, the limit applies “per owner.” As a result, a depositor who provides the proper paperwork can document the fact that funds held in an escrow or trust account belong to a specific party. An inquiry should be made as to whether that party has any other funds on deposit with the same financial institution that would exceed the available FDIC coverage. 

Gary Munneke, Chair
Law Practice Management Committee