Courts and Law Eastern Brooklyn

Brooklyn Bar Association sheds light on special education law and OATH’s role

November 30, 2023 Robert Abruzzese, Courthouse Editor

Asim Rehman, commissioner & Chief Administrative Law Judge of OATH. On Thursday, November 16, the event featured Noel Garcia, deputy commissioner of the Special Education Hearings Division (SEHD); and Impartial Hearing Officers Daniel Hochbaum and Ashley Grant, who gave a lecture on Special Education Law at OATH.Photo courtesy of OATH

Asim Rehman, commissioner & Chief Administrative Law Judge of OATH. On Thursday, November 16, the event featured Noel Garcia, deputy commissioner of the Special Education Hearings Division (SEHD); and Impartial Hearing Officers Daniel Hochbaum and Ashley Grant, who gave a lecture on Special Education Law at OATH.
Photo courtesy of OATH

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The Brooklyn Bar Association recently hosted a significant seminar titled “Special Education Law and Practice at OATH’s Special Education Hearings Division.”

Held on Nov. 16, the event featured Noel Garcia, Deputy Commissioner of the Special Education Hearings Division (SEHD), and Impartial Hearing Officers Daniel Hochbaum and Ashley Grant.

The continuing legal education seminar served as an introduction to special education law, particularly the transfer of administrative cases to the Office of Administrative Trials and Hearings (OATH). It covered the basics of federal and state special education regulations, including the Individuals with Disabilities Education Act (IDEA).

Key discussions focused on the city’s obligation to provide a “Free Appropriate Public Education” (FAPE) for students with disabilities and the various types of cases and remedies under the law. The seminar also emphasized the Supreme Court ruling in Endrew F. v. Douglas County School District, highlighting the requirement for educational programs to be ambitiously tailored to the needs of students with disabilities.

The establishment and role of OATH’s SEHD, created in December 2021 and empowered to handle impartial hearings under the Education Law, were also key topics. The seminar highlighted the shift from a system where independent contractors coordinated by the Department of Education conducted these hearings, to a system where OATH’s impartial hearing officers are increasingly taking over.

The seminar delved into the age coverage under IDEA, the range of services and supports provided to students with disabilities, and the principles of Least Restrictive Environment (LRE) emphasizing the inclusion of students with disabilities in regular educational settings.

This seminar was a crucial step in educating legal practitioners about the complexities of special education law and its practical applications, particularly regarding the evolving landscape of special education hearings in New York City.

The Office of Administrative Trials and Hearings is New York City’s central, independent administrative law court, tasked with adjudicating a wide range of city matters. OATH comprises three divisions: Trials, Hearings and the Special Education Hearings Division.

The Trials Division addresses issues like employee discipline, conflicts of interest and human rights violations. The Hearings Division conducts hearings on summonses from various city agencies; and the Special Education Hearings Division handles disputes about services for NYC children. Additionally, OATH includes the Center for Creative Conflict Resolution and the Judicial Institute, providing mediation and training services.

Asim Rehman, appointed commissioner and chief administrative law judge of OATH in March 2022, oversees these operations. With more than two decades of experience in legal, management, and oversight roles, Rehman’s career spans from law clerk and attorney roles to positions in public service, including general counsel for the NYPD’s Office of the Inspector General and at the NYC Law Department.

The BBA Dinner to honor Hon. Silvia Hinds-Radix and Howard Fensterman

The Brooklyn Bar Association Foundation is poised to host its Annual Awards Dinner on Monday, Dec. 4, at El Caribe in Mill Basin. Known as the “Oscars” of Brooklyn’s legal community, this event is a key gathering for the borough’s legal professionals, recognizing significant contributions to law in Brooklyn.

This year’s dinner will honor two notable figures: Hon. Sylvia Hinds-Radix and Howard Fensterman. Hinds-Radix, currently the corporation counsel of New York City, has had a distinguished career in the Brooklyn legal community, including roles as the administrative judge of the Kings County Supreme Court and as an Appellate Division judge.

As the first African American/Caribbean female in her current role, she has made significant contributions to various legal sectors, including education, housing and civil rights.

Howard Fensterman, managing partner at Abrams Fensterman, has also left a significant mark on Brooklyn’s legal scene. His firm, co-founded in 2000, has grown to be Brooklyn’s largest, and Fensterman’s influence extends beyond legal circles into politics and healthcare policy.

The event will also pay tribute to retiring judges — Hon. Joseph Gubbay, Hon. Esther Morgenstern, Hon. Evelyn Laporte, Hon. Mark Partnow, Hon. Donald Kurtz, Hon. Delores Thomas and Hon. Karen Rothenberg. Their retirement marks the end of notable careers that have greatly contributed to the development of case law and the mentoring of younger legal professionals in Brooklyn.

This dinner is not just a celebration of individual achievements, but a recognition of the collective effort to advance the legal profession and justice in Brooklyn.

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