Mandatory Lead Testing of School Drinking Water

On September 6, 2016, Governor Cuomo signed into law a bill passed by the State Legislature in June requiring school districts and BOCES to periodically test the drinking water in their occupied school buildings for lead contamination and report the results (Ch. 296 of the Laws of 2016, which adds a new section 1110 […]

By |September 10th, 2016|Legal Update|Comments Off on Mandatory Lead Testing of School Drinking Water

Academic Intervention Services (AIS) Regulation Update

Effective July 27, 2016, the Board of Regents amended 8 NYCRR § 100.2(ee) regarding the manner in which students in grades 3-8 are chosen to receive Academic Intervention Services (AIS). The procedures for students in grades K-2 and 9-12 remain unchanged.

The amendments provide for a two-step process: (1) reviewing State assessment scores in […]

By |September 9th, 2016|Legal Update|Comments Off on Academic Intervention Services (AIS) Regulation Update

Navigating the Doctrine of Primary Jurisdiction

Associate Anthony J. Fasano authored an article entitled, “Navigating the Doctrine of Primary Jurisdiction” for the July-August 2016 issue of the Nassau Lawyer publication.
Nassau Lawyer July August

By |August 2nd, 2016|Articles and Publications|Comments Off on Navigating the Doctrine of Primary Jurisdiction

Ashley Pope presents to aspiring school administrators in The College of Saint Rose’s Center for Integrated Teacher Education Program

On July 9, 2016, associate Ashley Pope presented to current teachers enrolled in The College of St. Rose’s Center for Integrated Teacher Education (CITE) Program for educational leadership and administration on “Knowing When to Contact the School District’s Attorney.” Topics covered included student discipline, bullying, discrimination, harassment, the Dignity for All Students Act, court […]

By |July 12th, 2016|Firm News|Comments Off on Ashley Pope presents to aspiring school administrators in The College of Saint Rose’s Center for Integrated Teacher Education Program

Revised Procedural Safeguard Notice of Rights for Parents of Children With Disabilities Ages 3-21

The New York State Education Department (“SED”) has revised the Procedural Safeguards Notice (“Notice”) for parents of students with disabilities (ages 3-21). According to SED, school districts must use the revised Notice, dated June 2016, effective immediately.  Guercio & Guercio clients may view full memorandum in the Client Portal.

By |June 27th, 2016|Legal Update|Comments Off on Revised Procedural Safeguard Notice of Rights for Parents of Children With Disabilities Ages 3-21

New Overtime Regulations

The United States Department of Labor (“DOL”) published a final rule (the “Final Rule”) updating the regulations implementing the Fair Labor Standards Act (“FLSA”), which will automatically extend overtime pay eligibility to over 4 million workers effective December 1, 2016. The FLSA requires that most employees be paid at least the […]

By |June 23rd, 2016|Legal Update|Comments Off on New Overtime Regulations

New Legislation Mandating Lead Testing

Before concluding the 2016 legislative session on June 18, 2016, State lawmakers passed a bill requiring public school districts and BOCES to periodically test the drinking water in their occupied school buildings for lead contamination and report the results. The State Departments of Health and Education will promulgate regulations with […]

By |June 23rd, 2016|Legal Update|Comments Off on New Legislation Mandating Lead Testing

APPR – Anticipated Extension of State Aid Deadline to December 31, 2016

As you will recall, a contentious issue has remained unresolved regarding the “legality” of district contract provisions that provided compensation to employees who decline health insurance coverage offered through NYSHIP (Empire Plan). On May 15, 2012, NYSHIP adopted Rule 122r3 prohibiting municipalities and school districts participating in the Empire Plan from granting cash payments […]

By |June 20th, 2016|Legal Update|Comments Off on APPR – Anticipated Extension of State Aid Deadline to December 31, 2016

When Disputes Arise in School Districts, Who Decides

Partner Erin O’Grady-Parent authored an article entitled “When Disputes Arise in School Districts, Who Decides” for the February edition of the New York State School Boards Association’s publication, On Board.

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By |May 24th, 2016|Articles and Publications|Comments Off on When Disputes Arise in School Districts, Who Decides

New Guidance on Title IX Protections for Transgender Students

On May 13, 2016, the United States Department of Education’s Office for Civil Rights and the Civil Rights Division of the United States Department of Justice jointly issued a Dear Colleague Letter on their interpretation of Title IX of the Education Amendments of 1972 (“Title IX”) and its implementing regulations as applied to transgender […]

By |May 24th, 2016|Legal Update|Comments Off on New Guidance on Title IX Protections for Transgender Students