Mark, Andrew R.

Andrew is an attorney in the labor and employment group where he focuses on representing school districts on a variety of education, general education, and labor and employment matters.

Prior to joining Harris Beach, Andrew represented municipalities and school districts as bond counsel on a range of general obligation and lease/purchase financings. He also provided guidance on matters arising under the Local Finance Law, General Municipal Law, Education Law, and SEC and IRS regulations.

While in law school, Andrew served as law clerk in the housing unit of Neighborhood Legal Services in Buffalo where assisted low-income tenants facing eviction.

Andrew holds a New York State Professional Teaching Certification in music. Before becoming an attorney, he served as director of elementary, middle and high school bands for 10 years at a local charter school in Buffalo.

Representative Matters

Defended public school district in an impartial due process hearing in which the parents of a student with a disability sought private school tuition reimbursement. Claims against the district dismissed in their entirety.
Represented public school district in its appeal to the New York State Department of Education’s Office of State Review challenging an impartial hearing officer’s ruling that a student was denied a free appropriate public education. District’s appeal granted in its entirety.
Defended public school district against claims made to the New York State Division of Human Rights alleging that the district discriminated against a student based on her race and disability. Complaint against the district dismissed in its entirety.
Represented public school district in defense of complaint filed with the United States Department of Education’s Office for Civil Rights alleging that the district failed to provide appropriate services to a student with a disability. Complaint against the district dismissed in its entirety.
Defended public school district in an appeal to the New York State Commissioner of Education challenging the district’s determination that a student was no longer a resident of the district. Appeal dismissed in its entirety.

Professional and Civic

American Bar Association
New York State Bar Association
Bar Association of Erie County
New York State School Music Association

Recognition

Order of the Coif, SUNY Buffalo School of Law
CALI Excellence for the Future Award, Advanced Legal Research and writing; Handling a Personal Injury Case
SUNY Buffalo Law School Trial Team, 2016 member; second place-best cross-examination at regional round of the National Trial Competition in Queens.
ABA Representation in Mediation Competition, regional competition winner 2016; nationals participant 2017.

Legal Practices

Labor and Employment

Industry Teams

K-12 Education

State University of New York at Buffalo School of Law

2017

summa cum laude

State University of New York at Fredonia

2011

Nazareth College

2005

cum laude

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

January 6, 2022

New Expansion Allowing Trained Unlicensed School Personnel to Administer Non-Injectable Glucagon in NY Schools

Students have a variety of medical needs to be addressed in school and New York law provides procedures for managing those needs. This inclu

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

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

September 27, 2022

2022 Fall Special Education Client Webinar – Rochester Area

Harris Beach clients are invited to a seminar/webinar and discussion around recent legal topics and developments in special education.

September 27, 2022

2022 Fall Special Education Client Webinar – Buffalo Area

Harris Beach clients are invited to a seminar/webinar and discussion around recent legal topics and developments in special education.

July 25, 2022

Harris Beach Educational Institutions Attorneys to Present at Western New York Educational Service Council Virtual Education Law Conference

Harris Beach will be well represented at the WNYESC 2022 Virtual Education Law Conference on August 3.

June 30, 2022

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Andrew R. Mark

Associate

State University of New York at Buffalo School of Law

State University of New York at Fredonia

Nazareth College

Andrew R. Mark

■ Areas of Expertise

Legal Practices

Industry Teams

■ Profile

■ Representative Matters

■ Professional and Civic

■ Admissions

■ Education

Offices throughout New York:

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