• Skip to content

Fagen Friedman & Fulfrost LLP

Jan E. Tomsky

she/her/hers

Partner

Oakland
jtomsky@f3law.com
D 510.550.8201
Jan E. Tomsky

What can I solve for you?

Whether I’m on the phone advising clients on day-to-day matters or handling complicated litigation in court, I help school districts on an array of issues and in disputes that arise in the ever-evolving, special education environment. I fully understand that my clients face a growing number of post-pandemic dynamics, including remote learning, private placement, compensatory education and other concerns. By closely monitoring this shifting landscape, I craft strategies to meet these challenges.

What's it like to work with me?

Clients say they appreciate my ability to provide a keen intellect, steady hand, warm heart and quick wit in guiding them through the most complex problems. They know that I’m always in their corner and will collaborate closely with them to find solutions together – and have a good time doing it. I truly enjoy talking with clients and helping them resolve their issues so they can do what they do best: attend to the special education needs of their students.

Top Issues in My Practice

  • #studentbehavior
  • #privateplacement
  • #compensatoryeducation
  • #specialeducation
  • #studentissues
  • #section504
  • #idea
  • #iep
  • #fape
  • #specialeducationsymposium

“What a privilege it is to support special educators in the critically important and challenging work to which they have dedicated their professional lives. I love what I do!”

Overview

Nationally recognized for her expertise in special education law, Jan Tomsky draws on her seen-it-all experience, deep well of knowledge and steadfast commitment to her clients to advise them on the most difficult circumstances and achieve the best outcomes possible. Jan represents school districts in mediations, due process hearings and litigation in state and federal courts and the Ninth Circuit Court of Appeals. Bringing a rare combination of persuasion and finesse, she advocates for clients in disputes that often involve the most sensitive issues.

Clients turn to Jan for help in defending their decisions on appeal to county boards and in court, primarily because of her history of success and ability to cultivate and maintain relationships with all parties involved in a dispute.

Jan counsels clients on such student-related issues as cyber misconduct, social media, technology and many other matters. In addition, she is certified as a trainer of trainers in Interest-Based Bargaining. Jan has also earned a highly regarded reputation for designing and delivering workshops for individual districts, which are specifically tailored to address their needs.

Frequently invited to present at public speaking engagements by prestigious education organizations throughout the country, Jan uses her gifted and natural presentation skills to captivate, inform and entertain audiences. Her speeches are always very well-received. At one recent conference, for example, audience members provided written feedback for her presentation, which was rated as “Excellent” according to the organization’s metrics. “Jan was amazing. The information she shared was valuable and applicable,” wrote one attendee. Another audience member described her speech as “incredibly done. Great analysis, humor and timing from a great speaker.” And yet another said, “Outstanding presentation with up-to-date case law.”

A strong writer, Jan is the author or co-author of publications that are considered essential to special education professionals. They include Personal Liability for IDEA Violations: Where the Courts Stand; The Administrator’s Guide to Building and Maintaining a Comprehensive Autism Program; and IDEA Due Process Survival Guide: A Step-by-step Companion for Administrators and Attorneys.

Experience Highlights

  • The California Law Review, Production Editor

Recognition

  • Best Brief award in moot court, Recipient

After School

My children are grown and all live close by, and because we’re all best friends, we get together often. I love traveling and reading, particularly the works of Stephen King—a great American writer, in my opinion.

Education

  • University of California, Berkeley School of Law (J.D.)
  • Dominican University of San Rafael (M.A., Education with an emphasis in special education and student development)
  • Dominican University of San Rafael (B.A., summa cum laude)

Admissions

Bar Admissions
  • California
Court Admissions
  • U.S. Court of Appeals, Ninth Circuit

Related Services

  • Special Education
  • Student Rights & Discipline

Related Clients

  • Religious & Parochial Schools
  • Independent & Private Schools
  • Public Education K-12

Publications

  • Author, Personal Liability for IDEA Violations: Where the Courts Stand
  • Contributing author to LRP publication, The Administrator’s Guide to Building and Maintaining a Comprehensive Autism Program
  • Contributing author to LRP publication, IDEA Due Process Survival Guide: A Step-by-step Companion for Administrators and Attorneys

Presentations

  • Association of California School Administrators Every Child Counts Symposium
  • Presents at many of LRP’s annual conferences including the Special Education School Attorneys Conference, the Directors' Summit and the National Institute focusing on legal issues related to educating students with disabilities
Fagen Friedman & Fulfrost LLP
Get the latest F3 Insights and Invitations
Sign-up Now
Contact Us
  • © 2025 Fagen Friedman & Fulfrost LLP
  • Disclaimer
  • Privacy Policy
  • Sitemap
Site by
We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept”, you consent to the use of ALL the cookies.
Do not sell my personal information.
Cookie SettingsAccept
Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
CookieDurationDescription
__cf_bm30 minutesThe cookie contains information related to the calculation of Cloudflare’s proprietary bot score and, when Anomaly Detection is enabled on Bot Management, a session identifier
algoliasearch-client-js1 yearNecessary in order to optimize the web site's search-bar function . The cookie ensures accurate and fast search results.
AWSELB1 yearUsed to distribute traffic to the website on several servers in order to optimise response times.
AWSELBCORS1 yearRegisters which server-cluster is serving the visitor. This is used in context with load balancing, in order to optimize user experience.
CONSENT1 yearUsed to detect if the visitor has accepted the marketing category in the cookie banner. This cookie is necessary for GDPR-compliance of the website.
cookielawinfo-checkbox-advertisement1 yearUsed to detect if the visitor has accepted the marketing category in the cookie banner. This cookie is necessary for GDPR-compliance of the website.
cookielawinfo-checkbox-analytics11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checkbox-functional11 monthsThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checkbox-necessary11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-others11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-performance11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
JSESSIONID1 yearPreserves users states across page requests.
viewed_cookie_policy11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
CookieDurationDescription
_ga1 yearRegisters a unique ID that is used to generate statistical data on how the visitor uses the web site.
_ga_#1 yearUsed by Google Analytics to collect data on the number of times a user has visited the web site as well as dates for the first and most recent visit.
_gat1 yearUsed by Google Analytics to throttle request rate.
_gid1 yearRegisters a unique ID that is used to generate statistical data on how the visitor uses the web site.
collect1 yearUsed to send data to Google Analytics about the visitor's device and behavior. Tracks the visitor across devices and marketing channels.
NRBA_SESSION1 yearCollects data on the user’s navigation and behavior on the website. This is used to compile statistical reports and heatmaps for the website owner.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
CookieDurationDescription
LAST_RESULT_ENTRY_KEY1 yearUsed to track user’s interaction with embedded content.
LogsDatabaseV2:V#||LogsRequestsStore1 yearUnclassified
nextId1 yearUsed to track user’s interaction with embedded content.
remote_sid1 yearNecessary for the implementation and functionality of YouTube video-content on the website.
requests1 yearUsed to track user’s interaction with embedded content.
TESTCOOKIESENABLED1 yearUsed to track user’s interaction with embedded content.
VISITOR_INFO1_LIVE1 yearUnclassified
VISITOR_PRIVACY_METADATA1 yearUnclassified
YSC1 yearUnclassified
yt-remote-cast-available1 yearStores the user's video player preferences using embedded YouTube video
yt-remote-cast-installed1 yearStores the user's video player preferences using embedded YouTube video
yt-remote-connected-devices1 yearStores the user's video player preferences using embedded YouTube video
yt-remote-device-id1 yearStores the user's video player preferences using embedded YouTube video
yt-remote-fast-check-period1 yearStores the user's video player preferences using embedded YouTube video
yt-remote-session-app1 yearStores the user's video player preferences using embedded YouTube video
yt-remote-session-name1 yearStores the user's video player preferences using embedded YouTube video
YtIdbMeta#databases1 yearUsed to track user’s interaction with embedded content.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
CookieDurationDescription
BNI_new_persistence1 yearUnclassified
SAVE & ACCEPT
  • Professionals
  • Services
    • Business
    • Communications & Media Relations
    • Education Technology
    • Employment Law
    • Facilities & Construction
    • Governance & Leadership
    • Government Affairs & Public Policy
    • School and College Athletics
    • Investigations
    • Labor Relations & Negotiations
    • Litigation
    • Next Level Client Services
    • Real Estate & Property
    • Special Education
    • Student Rights & Discipline
    • Title IX
    • Virtual Learning
  • Our Clients
    • Charter Schools
    • Community Colleges
    • Higher Education
    • Independent & Private Schools
    • Public Agencies
    • Public Education K-12
    • Religious & Parochial Schools
  • Insights & News
    • Announcements
    • Client Alert
    • News
    • NewsFlash®
    • Symposium Materials
    • Tips & Tools
    • Viewpoints
  • Events
    • Special Education Symposium
    • Student Services Legal Symposium
  • Our Firm
    • Leadership
    • Locations
  • Careers
    • Our People
    • Job Opportunities
  • Our Culture
  • Civics
  • Contact Us