On April 9, 2018 the P-12 Education Committee of the Board of Regents voted to propose new amendments to the Commissioner’s Regulations with respect to the 180-day instructional requirement. It is anticipated the changes will be submitted to the Board of Regents for final consideration at its June 2018 meeting. The proposed amendments would […]
5th Annual National Moot Court Competition
Partner Christopher Shishko and Associate George Pammer will be judging the Touro Law Center’s 5th Annual National Moot Court Competition regarding Law and Religion on April 8-9, 2018.
Student Walk-Outs / Follow up to our 2/27/19 Client Memorandum
Updated guidance on student walk-outs: Recent public statements by the Governor and Commissioner of Education in support of student walk-outs do not change a school district’s authority under Supreme Court decisions to curb student “speech” that substantially disrupts the educational process. Guercio & Guercio clients may read the entire update in the Client […]
Taxpayer Lawsuit Regarding 4% Budget Surplus Limitation
A recent client chief school memorandum addresses a lawsuit filed by a taxpayer through her tax certiorari attorney challenging a school district’s budgeting practices. The lawsuit questions the extent to which school districts may legally place money into reserve or retain funds in excess of the limitation found in RPTL §1318 which prohibits […]
Update Regarding Transgender Guidance
SED and OAG issued joint guidance on February 28, 2018 in response to USDOE’s statement that it will no longer investigate civil rights complaints from transgender student’s denied access to bathrooms consistent with gender identity. Guercio & Guercio clients may read the entire memorandum in the Client Portal.
Student Walkouts
Recently, our office received inquiries pertaining to coordinated student walkouts planned in response to the recent tragic events in Parkland, Florida. Guercio & Guercio clients may view the entire memorandum in the client portal which provides an overview of legal considerations regarding some of the more common issues raised by these planned walkouts.
Armed Security Personnel
In light of the recent tragic events in Parkland, Florida, many clients have asked whether school districts may employ or contract with armed security personnel. Guercio & Guercio clients may view our memorandum in the client portal which provides an overview of the legal basis and requirements concerning this matter.
Proposed Regulations regarding State Aid 180 Day Requirement
Recently, the P-12 Education Committee to the Board of Regents reviewed proposed amendments concerning the 180-day instructional requirement to receive State Aid. The intent of the proposed amendments is to provide school districts “additional flexibility” regarding school calendars. However, the proposed regulation would impose certain limitations on the school calendar, particularly with respect […]
Partner Randy Glasser will present at a School Law Seminar
Partner Randy Glasser will present at a School Law Seminar sponsored by the National Business Institute on the subjects of “Social Media: Monitoring, Restrictions and Discipline”; and “Cyberbullying and Threats: School Authority and Liability” on March 9, 2018 at the Four Points Sheraton in Plainview, New York.
Governor’s Executive Order on Prepayment of Taxes – Implications for School Districts
Governor Cuomo signed Executive Order No. 172 (“Executive Order”) allowing the pre-payment of 2018 property taxes by December 31, 2017 in response to the new federal limitation on the deductibility of state and local taxes. Notwithstanding the Executive Order, it remains unclear whether the Internal Revenue Service will permit tax deductions of pre-paid […]
