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Howard Goldsmith
D: (518) 701-2736  
hgoldsmith@harrisbeach.com

Howard J. Goldsmith

  Member

(518) 701-2736
  hgoldsmith@harrisbeach.com
“Our job as school attorneys is to create positive working relationships with our clients to assist them with the diverse challenges they face every day as education stakeholders. By doing our job, our clients can focus on their most important responsibility of all – educating the students of New York state.”
  • U.S. Supreme Court Eases Pathway for Parents of Students with Disabilities to Initiate Lawsuits Seeking Monetary Damages from Public School Districts
Profile
Representative Matters
Professional and Civic
Areas of Experience
Admissions
Education
Location
Publications and Events

Howard practices in all aspects of labor, education and school law including litigation, contract negotiations, dispute resolution, special education, administrative hearings, research and counsel on legal policy, educational programs and budgetary issues.  He provides guidance to education stakeholders with a legal perspective on program content. He assists BOCES and school districts in understanding and implementing the components of the Regents Education Reform Agenda, including Annual Professional Performance Reviews (APPR), Common Core standards, aligned assessments, school and student data collection, and test development and administration.  Howard investigates and responds to teacher and student disciplinary matters including complaints issued by the Office of Civil Rights (OCR), the Equal Employment Opportunity Commission (EEOC) and the New York State Division for Human Rights (NYSDHR).

Having directed and served in various offices within the New York State Education Department, Howard brings more than 21 years of experience in education law, policy and operations.  As executive coordinator of the Office of Curriculum and Instructional Support, he initiated key programs in Career and Technical Education, Learning Standards Development and Adult Education including GED funding, preparation and testing.  As assistant counsel to the commissioner, Howard initiated the Office of School Personnel Review and Accountability (OSPRA), to help ensure compliance with statutory and regulatory requirements for teacher and school staff background checks and disciplinary cases.  During his career with the department, he also served as coordinator of operations and legal affairs for the Office of State Assessment, supporting statewide test development and enhanced practices through improved accountability and compliance with psychometric standards.  As bureau chief, assistant counsel and coordinator of investigations in the Office of Higher Education, Howard developed and implemented initiatives to improve the quality and oversight of licensed vocational schools throughout New York state.  He was also executive coordinator and assistant counsel of the Adult Education Programs and Policy Unit in the Office of Adult Career and Continuing Education Services.  Howard is a former assistant district attorney and was engaged in private practice in New York City and New Jersey.

Professional and Civic

Albany Law School Government Law Center, member

Center for Economic Growth, member of the Workforce & Education Development Committee

Capital Region Chapter of the Lustgarten Foundation for Pancreatic Cancer Research, member

Harris Beach NYMuniBlog, member of the editorial team.

Bethlehem Central School District’s Advisory Group for Special Education, former member

Recognition

  • The Coalition of New York State Career Schools, Outstanding Service and Achievement Award
  • District Superintendents and BOCES, Special Appreciation and Recognition Award
  • Leadership Classroom Program sponsored by the Governor’s Office of Employee Relations, 2005 graduate

Legal Practices

Labor and Employment

Industry Teams

K-12 Education

Admissions

New Jersey

New York

U.S. District Court, New Jersey

U.S. District Court, New York - Eastern District

U.S. District Court, New York - Southern District

Boston University School of Law

JD 
1986

Union College

BA 
1983
cum laude

Location

Albany, NY Office
Saratoga Springs, NY Office
Insights
March 22, 2023

U.S. Supreme Court Eases Pathway for Parents of Students with Disabilities to Initiate Lawsuits Seeking Monetary Damages from Public School Districts

The Supreme Court ruled parents of students with disabilities can initiate legal proceedings in court without participating in the impartia
July 29, 2022

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 Educat
July 27, 2022

Commissioner of Education Requires School Districts and BOCES to Provide Detailed Reasons for Ending Probationary Period

A July 7, 2022 Commissioner decision makes clear that if a probationary teacher requests a statement of reasons for termination, the school
July 8, 2022

Proposed Regulations Issued Last Month by United States Department of Education Would Require Schools to Significantly Update Policies, Protocols, Trainings and Notices

In celebration of the 50th anniversary of Title IX, the U.S. Department of Education released for public comment on June 23, 2022 proposed c
June 6, 2022

For New York Schools, Going Green Just Got a Little Easier

In September of 2021, Gov. Kathy Hochul announced the allocation of $59 million to fund the Clean Green Schools Initiative.
July 2, 2021

Governor Cuomo Signs New Law that Allows Certain Students with Disabilities to Remain in School Until Age 23 Following COVID

In a previous Harris Beach legal alert, we reported that the New York State Education Department (NYSED) issued a guidance document strongly
June 22, 2021

The Department of Education Now Interprets Title IX to Protect LGBTQ+ Students in Response to President Biden’s Executive Order

LGBTQ+ students are now protected from discrimination under Title IX of the Education Amendments of 1972, a federal law that protects studen
June 9, 2021

Changes to New York APPR and Tenure Provisions Continue for the 2020-2021 School Year

On June 7, a law was enacted continuing the changes made to the tenure and the APPR performance review process for teachers and principals e
April 29, 2021

NYSED Calls for Students with Disabilities Who Have Turned 21 to Return to School During 2021-2022 Year

During the 2019-2020 and 2020-2021 school years, the Board of Regents and New York State Education Department (NYSED) temporarily modified t
February 23, 2021

Governor Cuomo Issues Executive Order Requiring Vaccination Reporting for P-12 Teachers

On Monday, February 22, 2021, Governor Cuomo issued Executive Order 202.95 requiring the following:  Teachers employed in P-12 (public and
June 23, 2020

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

On June 20, 2020, the New York State Education Department (SED) released two highly anticipated supplemental Question and Answer documents r
June 10, 2020

New York State Department of Health Releases Guidance on Providing In-Person Special Education Services and Instruction During the Summer Term

On Tuesday, June 9th, the New York State Department of Health (“DOH”) released an interim advisory containing guidelines for delivering in-p
June 8, 2020

Executive Order Allows Schools to Provide In-Person Special Education Services During the Summer Term

On Friday June 5th, Governor Cuomo issued Executive Order 202.37 allowing for special education services and instruction to be provided in p
May 6, 2020

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 ques
April 3, 2020

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 parti
January 13, 2020

New York State Mandates Subject Area Certification Requirements for Special Education Teachers

New guidance from New York State requires one of two certification options in special class subject areas for special education teachers at
September 6, 2019

Despite New DHS Rules, Immigrant Children Remain Eligible for Free and Reduced School Meals

Receiving free or reduced school breakfasts or lunches would not render immigrant children ineligible for green cards or other immigration b
August 20, 2019

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 Y
May 23, 2019

Commissioner of Education Adopts Changes to Special Education Regulations

Effective April 24, 2019, the New York State Commissioner of Education has made a series of changes to the Part 100 and 200 Regulations. Mos
November 27, 2018

Office for Civil Rights (OCR) Further Revises its Investigative Process

Over the years, public school districts have scrutinized the United States Department of Education’s Office for Civil Rights (OCR) for the m
October 9, 2018

State Releases Guidance to Schools on Implementing New Mental Health Instruction Requirements

Beginning with the 2018-2019 school year, New York state schools must include instruction in mental health as part of their health education
August 28, 2018

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. 
News
December 29, 2021

JD Supra Recognizes Article from Educational Institutions Industry Team Attorneys

A legal alert from Educational Institutions Industry Team attorneys Douglas E. Gerhardt, Howard J. Goldsmith, Amanda E. Jackson and Jeffrey
Events
June 30, 2022

Join Harris Beach Special Education Attorneys for a Webinar on the Top 10 Myths in Special Education Law   

Special education legal issues are not always what they appear. There are many myths and misunderstandings in the world of special education
November 18, 2021

Harris Beach Educational Institutions Attorneys Presenting Fall 2021 Special Education Programs

Harris Beach clients are invited to participate in a seminar/webinar and discussion around recent legal topics and developments in special e
June 30, 2021

Summer Special Education Client Webinar Recording – Ask Us Anything!

Take a break from the beach and backyard barbecues and listen to an informal Q&A webinar with our Special Education attorneys.
March 26, 2021

Spring 2021 Special Education Update Webinar

Harris Beach attorneys will discuss critical issues and key developments in special education, including: • IEEs from A-Z — everything you
January 4, 2021

Annual 2021 Educational Institutions Conference: Special Education Focus Webinar Recording

Strategies for Avoiding Impartial Hearing Requests While Addressing Student Needs Our attorneys discuss the most common special education c
September 28, 2020

Fall 2020 Special Education Update Webinar Recording

This webinar discusses critical issues and key developments in special education including: – Innovative strategies for providing compensat
July 8, 2020

Special Education Update Client Webinar Recording: Preparing for the 2020-2021 School Year During These Uncertain Times

Use the link below to listen to a complimentary client webinar and discussion on “Preparing for the 2020-2021 School Year During These Uncer
January 15, 2020

Douglas Gerhardt and Howard Goldsmith Speaking at NYSCOSS Winter Institute

Douglas and Howard will present a session at the New York State Council of School Superintendents Winter Institute on “Legal Hot Topics.”
February 13, 2019

2019 North Country Education Law Seminar

Harris Beach education law attorneys discuss critical and timely topics. Through real-world examples, practical tips and informed answers, o
External Publications
All Insights, All Publications, Legal Alert |
 March 22, 2023
U.S. Supreme Court Eases Pathway for Parents of Students with Disabilities to Initiate Lawsuits Seeking Monetary Damages from Public School Districts
The Supreme Court ruled parents of students with disabilities can initiate legal proceedings in court without participating in the impartia...read more
All Insights, All Publications, Legal Alert |
 July 29, 2022
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 Educat...read more
All Insights, All Publications, Legal Alert |
 July 27, 2022
Commissioner of Education Requires School Districts and BOCES to Provide Detailed Reasons for Ending Probationary Period
A July 7, 2022 Commissioner decision makes clear that if a probationary teacher requests a statement of reasons for termination, the school ...read more
All Insights, All Publications, Legal Alert |
 July 8, 2022
Proposed Regulations Issued Last Month by United States Department of Education Would Require Schools to Significantly Update Policies, Protocols, Trainings and Notices
In celebration of the 50th anniversary of Title IX, the U.S. Department of Education released for public comment on June 23, 2022 proposed c...read more
All Insights, All Publications, Legal Alert |
 June 6, 2022
For New York Schools, Going Green Just Got a Little Easier
In September of 2021, Gov. Kathy Hochul announced the allocation of $59 million to fund the Clean Green Schools Initiative....read more
All Insights, All Publications, Legal Alert |
 July 2, 2021
Governor Cuomo Signs New Law that Allows Certain Students with Disabilities to Remain in School Until Age 23 Following COVID
In a previous Harris Beach legal alert, we reported that the New York State Education Department (NYSED) issued a guidance document strongly...read more
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Howard J. Goldsmith

hgoldsmith@harrisbeach.com
D: (518) 701-2736
Albany, NY Office
Saratoga Springs, NY Office
Howard Goldsmith
https://www.harrisbeach.com/people/goldsmith-howard-j/

■ Areas of Expertise

Legal Practices

Labor and Employment Legal Practice

Industry Teams

K-12 Education Industry Team

■ Profile

Howard practices in all aspects of labor, education and school law including litigation, contract negotiations, dispute resolution, special education, administrative hearings, research and counsel on legal policy, educational programs and budgetary issues.  He provides guidance to education stakeholders with a legal perspective on program content. He assists BOCES and school districts in understanding and implementing the components of the Regents Education Reform Agenda, including Annual Professional Performance Reviews (APPR), Common Core standards, aligned assessments, school and student data collection, and test development and administration.  Howard investigates and responds to teacher and student disciplinary matters including complaints issued by the Office of Civil Rights (OCR), the Equal Employment Opportunity Commission (EEOC) and the New York State Division for Human Rights (NYSDHR).

Having directed and served in various offices within the New York State Education Department, Howard brings more than 21 years of experience in education law, policy and operations.  As executive coordinator of the Office of Curriculum and Instructional Support, he initiated key programs in Career and Technical Education, Learning Standards Development and Adult Education including GED funding, preparation and testing.  As assistant counsel to the commissioner, Howard initiated the Office of School Personnel Review and Accountability (OSPRA), to help ensure compliance with statutory and regulatory requirements for teacher and school staff background checks and disciplinary cases.  During his career with the department, he also served as coordinator of operations and legal affairs for the Office of State Assessment, supporting statewide test development and enhanced practices through improved accountability and compliance with psychometric standards.  As bureau chief, assistant counsel and coordinator of investigations in the Office of Higher Education, Howard developed and implemented initiatives to improve the quality and oversight of licensed vocational schools throughout New York state.  He was also executive coordinator and assistant counsel of the Adult Education Programs and Policy Unit in the Office of Adult Career and Continuing Education Services.  Howard is a former assistant district attorney and was engaged in private practice in New York City and New Jersey.

■ Professional and Civic

Albany Law School Government Law Center, member

Center for Economic Growth, member of the Workforce & Education Development Committee

Capital Region Chapter of the Lustgarten Foundation for Pancreatic Cancer Research, member

Harris Beach NYMuniBlog, member of the editorial team.

Bethlehem Central School District’s Advisory Group for Special Education, former member

■ Admissions

  • The Coalition of New York State Career Schools, Outstanding Service and Achievement Award
  • District Superintendents and BOCES, Special Appreciation and Recognition Award
  • Leadership Classroom Program sponsored by the Governor’s Office of Employee Relations, 2005 graduate

■ Education

Boston University School of Law
 ,JD
 ,1986
Union College
 ,BA
 ,1983
 ,cum laude

Harris Beach and its subsidiaries provide a full range of legal and professional services for clients across New York state, as well as nationally and internationally. Harris Beach is among the country’s top law firms as ranked by The National Law Journal and is among the BTI Elite law firms based on in-depth interviews of more than 600 corporate counsel at the world’s largest and most influential companies. Our clients include Fortune 100 corporations, privately-held companies, emerging businesses, public sector entities, not-for-profit organizations and individuals. Principal industries we represent include education, energy, financial, food and beverage, health care, insurance, manufacturing, medical and life sciences, real estate developers, and state and local governments and authorities.

Industry Teams
Automotive and Vehicle Dealerships
Blockchain and Digital Assets 
Cannabis
Construction and Surety
Educational Institutions Higher Ed
Educational Institutions K-12
EMS and Fire Protection Providers
Energy
Financial Institutions and Capital Markets
Food and Beverage
Health Care
Industrial and Consumer Manufacturing
Medical and Life Sciences
Municipalities and Local Agencies
Nanotechnology
Photonics
Racing and Gaming
Real Estate Developers
Science and Technology
Telecommunications and Media
Unmanned Aircraft Systems
USA Collegiate Sports
Veterinary Medicine

Practices
Alternative Dispute Resolution
Appellate
Business and Commercial Litigation
Collection Law
Commercial Real Estate
Corporate
Cybersecurity Protection and Response
Diversity Compliance
E-Discovery (e-infoSM)
Employee Benefits
Employment Litigation
Environmental Law
Environmental, Social and Governance (ESG)
Financial Restructuring, Bankruptcy and Creditors’ Rights
Government Compliance and Investigations
Health Law
Immigration Law
Insurance Coverage
Intellectual Property Law
International Trade Law
Internet Law
Labor and Employment Law
Mass Torts and Industry-Wide Litigation
New Markets Tax Credit
Patent, Trademark and Copyright Law
Product Liability and Comprehensive General Liability
Public Finance and Economic Development
Real Property Valuation Litigation
Residential Real Estate
Tax Law
White Collar Crime
Wills, Trusts and Estates

Consulting Services
HB Solutions LLC
Collegiate Sports Compliance
Data Privacy and Cybersecurity
Economic Development and Public Affairs
Educational Institution Assistance
EMRG® (E-Discovery Management Resources Group)
Energy
Health and Human Services
Human Resources
Information Technology
Marketing and Communication Services
Municipal and Local Agency Assistance

HB Cornerstone LLC
Owner Representation
Design Services
Facilities Consulting
Move Management

Caetra.io
CyMetric (Cybersecurity Regulation Compliance Software)

Offices throughout New York:

Albany
677 Broadway
Albany, NY 12207
518-427-9700

Buffalo
726 Exchange Street
Buffalo, NY 14210
716-200-5050

Ithaca
119 East Seneca Street
Ithaca, NY 14850
607-273-6444

Long Island
333 Earle Ovington Boulevard
Uniondale, NY 11553
516-880-8484

New York City
100 Wall Street
New York, NY 10005
212-687-0100

Rochester
99 Garnsey Road
Pittsford, NY 14534
585-419-8800

Saratoga Springs
513 Broadway
Saratoga Springs, NY 12866
518-587-0551

Syracuse
333 West Washington Street
Syracuse, NY 13202
315-423-7100

White Plains
445 Hamilton Avenue
White Plains, NY 10601
914-683-1200

Offices also in:

New Haven, CT
195 Church Street
New Haven, CT 06510
203-784-3159

Newark, NJ
One Gateway Center
Newark, NJ 07102
973-848-1244

Washington, DC
800-685-1429

Attorney Advertising. Prior results do not guarantee a similar outcome.
© 2022 Harris Beach PLLC

Content current as of March 22, 2023 11:40 pm
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