By MATT CHANDLER
Buffalo Law Journal

Jeffrey Weiss has a passion for educating the educators.

The longtime Hodgson Russ attorney, who had risen to partner in the firm and was administrator of its special education law practice, left to join Harris Beach PLLC.

After more than a decade at the city's largest law firm Weiss is settling in to his new office and says he is excited about the opportunity to grow and expand the special education law practice at Harris Beach. Weiss sat down with the Buffalo Law Journal to share his thoughts on his new job, the decision to jump ship in turbulent economic times and the state of special education in New York. The following is an abridged version of that conversation.

BLJ: What made you decide to make the switch, and why now? And given the current economy, did that factor into your decision?

Weiss: I was looking for a firm that was prioritizing long-term growth for their education law practice. I knew some of the attorneys at Harris Beach and from everything I had heard, that seemed to be the goal. The firm is forward-thinking, looking 10 and 20 years down the road. I'm in my 30s and I want to be doing this for a long time, so I wanted to find a situation where this practice area was a high priority for their firm. In terms of the decision, there was tremendous hesitation to make a move like this, regardless of the economy. I enjoyed my time at Hodgson Russ and they treated me very well. But I just felt that my career goals and this firm's business goals are just more consistent.

BLJ: In terms of your field, what is a key issue in special education law today that you face in your new position?

Weiss: The first big item is something called Response to Intervention. That is, is the exhaustion of all possible general education options before a student is referred to the committee on special education for classification as a student with a disability. There is more of an emphasis on slowing down the process and making sure that we try everything before we classify the student as having a disability.

BLJ: How much of what you do is a matter of educating the educators to make sure they know the proper procedures to avoid mishandling a student's situation because they don't know the complexities of the special education rules?

Weiss: That's a majority of my job and it is the most enjoyable part of my job, the teaching and training. My mantra is, ‘You can't comply with the law if you don't know the law.' What makes that especially challenging is that in special education, the laws are constantly changing. I like to regularly get in front of my clients and present to them. I plan on continuing that at Harris Beach. People crave the information - they need to know the changes.

BLJ: Speaking from the position of someone who represents school districts, are these ever-changing and complicated laws tying the educators' hands? Is there a fair balance between ensuring a fair and complete public education for special needs students and not crippling the public schools or negatively affecting the other students?

Weiss: I would say for the most part it's fair. We can't lose sight of the mission of all of these rules, which is to give students with disabilities the most appropriate education possible so they can succeed in society. That is such a great cause, it is worth the expense. It's a great challenge to meet those needs, and sometimes it comes down to there being misunderstandings under the law as to what has to be done, and that's where I come in. There is a notion that a student with a disability is entitled to a free and appropriate public education. Sometimes there are disagreements as to what is "appropriate" between parents and advocates and attorneys. Schools rely on my guidance regarding what they need to do, so that if they are challenged we can defend the actions as appropriate.

BLJ: What is the most common problem school districts come to you with? Something that carries over from districts of all sizes and demographics?

Weiss: Mainstreaming is an issue that comes up often. There is a component in the special education law called least-restrictive environment, which says that you have to put the student with a disability in the least-restrictive environment as long as that environment is appropriate. If there is something that can help a student participate in a regular classroom, we are required to do that. So sometimes it's a tough judgement call as to whether or not a program is appropriate, even with a personal aide and some of the other things that can be provided. This is a common issue because parents may disagree with the district on that because there is a huge range of disabilities, it is something that we deal with a lot.

BLJ: Back to your new firm and your special education practice. You focused on special education at Hodgson since 2002, presumably building up a strong portfolio of clients. Did you bring those school districts with you to Harris Beach?

Weiss: My clients either have been or will be notified of the change and the ultimate decision, as is always the case, is that of the client. The word will get out that I'm over there and they can make those decisions. I will say what made this move easier for me was that Harris Beach does have many school clients already, so I already have work to do with their large list of clients. When you talked about level of risk, I actually thought about starting my own firm, but under the circumstances I felt this had the least amount of risk because of this established client base.

BLJ: On a personal note, there are countless practice areas you could be working in, but you chose special education law. What drives your passion in this field?

Weiss: I love working with the special ed directors. They have probably the most difficult job in the school world, balancing the needs of the schools with the needs of the students and parents. They call me when they need someone to get them through a tough situation, often on short notice. And the best part of my job is being able to help them out in a pinch. I feel like they can count on me, and that means something to me.