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Practice Area

Education Law

Direct counsel in English, 한국어, and 中文 — no interpreters.

Special education advocacy, school discipline defense, Title IX representation, and education-related civil rights matters across NJ and NY — K-12 through higher education.

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3Attorneys
NJ · NYK-12 & Higher Ed
EN · KODirect Communication

01 · Our Team

Education Law Team

Education law decisions — IEP placement, school discipline, residency, Title IX — affect a child’s entire trajectory. Song Law Firm’s education law practice combines a former NJ Deputy Attorney General, a 30+ year trial veteran, and bilingual counsel for Korean-American families navigating NJ and NY school systems.

Joseph D. Song

Joseph D. Song

Founding Member

Admitted in NJ, NY, TX, GA. Counsels Korean-American families on special education, school discipline, and Title IX matters. Fluent in English and Korean.

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Howard Z. Myerowitz

Howard Z. Myerowitz, Esq.

Senior Associate Attorney

Former NJ Deputy Attorney General. J.D., Fordham. Represents families in NJ Office of Administrative Law (OAL) special education hearings and school district disputes.

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Roy H. Mossi

Roy H. Mossi, Esq.

Senior Associate Attorney

30+ years trial experience. NJ, NY, FL bar. J.D., University of Miami. Handles complex school discipline, expulsion hearings, and Title IX investigations.

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02 · Practice Scope

What We Handle

Special education advocacy, school discipline defense, and education-related civil rights matters.

Special Education (IDEA)

IEP development and enforcement, eligibility evaluations, related services, placement disputes, FAPE (free appropriate public education) claims under IDEA. NJ OAL and NY IH hearings.

504 Plans

Section 504 plan negotiation and enforcement. Accommodations for disabilities not requiring IDEA-level services. OCR complaints when accommodations are denied.

School Discipline

Suspension and expulsion hearings (NJ N.J.S.A. 18A:37 / NY Education Law §3214). Manifestation determination, due process protections, and appeals to the Board of Education or Commissioner.

Title IX & Civil Rights

Sexual harassment, sexual assault, and discrimination investigations under Title IX. Representation for both complainants and respondents in K-12 and higher education.

Bullying & HIB

NJ Anti-Bullying Bill of Rights and NY DASA (Dignity for All Students Act) complaints, investigations, and appeals. Litigation when schools fail to respond.

Residency Disputes

School residency challenges (NJ N.J.A.C. 6A:22), tuition-back claims, and homeless/McKinney-Vento status determinations.

Higher Education

Academic integrity hearings, sexual misconduct investigations, FERPA disputes, and admissions decisions. Title IX and student conduct appeals at NJ and NY universities.

Educator Employment

Teacher tenure (NJ TEACHNJ Act), discipline, dismissal hearings, and licensure defense. Title IX retaliation claims for educators.

03 · Critical Window

Timing Drives Education Outcomes

Three timing windows that determine the result.

Evaluation Window

Once a parent requests a special education evaluation in writing, the district has 20 days (NJ) to respond and 60 days to complete the evaluation. Delays must be challenged immediately.

10-Day Disciplinary Stay

Suspensions exceeding 10 school days for students with disabilities trigger manifestation determination requirements under IDEA. Missing this protection forfeits a major defense.

Statute of Limitations

Special education due process complaints must be filed within 2 years of the violation. Section 504 OCR complaints — 180 days. Title IX — varies, typically 1 year.

04 · Results

Representative Outcomes

Selected education law matters.

IEP Placement — Private School

Secured public funding for private school placement after district failed to provide FAPE — NJ OAL settlement covering tuition and related services.

Expulsion Reversal

Reversed expulsion of high school student where district violated due process — student reinstated with no record in transcript.

Title IX Defense

Defended college student in Title IX sexual misconduct investigation — finding of no responsibility, no transcript notation.

Residency Win

Defeated district residency challenge — child remained enrolled, district waived tuition-back claim.

05 · Questions Answered

Common Questions

What is an IEP?
An Individualized Education Program — a written plan developed for students eligible for special education under IDEA. It defines goals, services, accommodations, and placement. Parents are required participants on the IEP team.
What is the difference between an IEP and a 504 plan?
IEP (IDEA) provides specialized instruction and related services to eligible students with disabilities. 504 plan (Section 504) provides accommodations to students whose disabilities substantially limit a major life activity but do not require specialized instruction. Different procedural protections.
What is manifestation determination?
When a student with a disability faces suspension/expulsion exceeding 10 school days, the IEP team must determine whether the behavior was a manifestation of the disability. If yes, traditional discipline is unavailable — functional behavioral assessment and BIP are required instead.
Can my child be expelled in NJ?
NJ does not formally “expel” — but long-term suspensions (over 10 days) require due process: written notice, hearing, evidence, and right to counsel. Board of Education appeals available. For students with IEPs, IDEA’s stay-put rule may keep child in current placement during appeal.
What does FAPE require?
Free Appropriate Public Education — schools must provide an education reasonably calculated to enable the child to make appropriate progress in light of his/her circumstances (Endrew F. v. Douglas County 2017). More than de minimis benefit.
Can I get private school funded?
Possibly — if the public school failed to offer FAPE, parents may unilaterally place the child in private school and seek reimbursement at due process. Strong notice requirements (10-day written notice) and proof of placement appropriateness required.
What is Title IX?
Federal law prohibiting sex-based discrimination in education programs receiving federal funding. Applies to K-12 and higher education. Covers sexual harassment, sexual assault, pregnancy discrimination, athletic equity, and gender identity (subject to current regulations).
What is the NJ Anti-Bullying Bill of Rights?
N.J.S.A. 18A:37 — strongest anti-bullying law in U.S. Requires reporting, investigation, intervention, and remedies for harassment, intimidation, and bullying (HIB). Parents can appeal HIB determinations to the Commissioner of Education.
Can the district challenge my residency?
Yes — but they must follow NJ N.J.A.C. 6A:22 procedures: written notice, hearing before Board, and evidence of non-residency. Tuition-back claims can be substantial. Burden is on the district.
How much does education law representation cost?
Special education matters: typically hourly with retainer; some matters eligible for fee-shifting under IDEA. School discipline and Title IX: flat fee or hourly depending on complexity. Initial consultations are free.

06 · Service Area

Where We Serve

NJ and NY school districts and universities — K-12 through higher education.

New Jersey

Fort Lee, Palisades Park, Englewood, Tenafly, Closter, Bergenfield, Teaneck, Cresskill, Demarest, Northern Valley, Bergen County school districts. NJ OAL special education hearings.

New York

NYC DOE, Westchester, Long Island, Manhattan, Queens (Flushing), Brooklyn. NY universities for Title IX and student conduct matters.

Office: Parker Plaza, 400 Kelby St, 19th Floor, Fort Lee, NJ 07024.

07 · Recent Articles & Columns

Education Law Articles

Recent columns on NJ and NY education law.

08 · Success Stories

Recent Education Matters

Selected IEP, discipline, and Title IX outcomes.

09 · Get in Touch

Protect Your Child’s Education.

Free initial consultation. Direct counsel in Korean, Chinese, or English. Senior attorney from day one.

Call (201) 461-0031Request Free Consultation

Parker Plaza, 400 Kelby St, 19th Floor, Fort Lee, NJ 07024 · office@songlawfirm.com

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