DASA Reporting and Transgender Students – New Regulatory Amendment

On today’s date, the Board of Regents adopted an emergency amendment to the Commissioner’s regulations governing the reporting requirements under the Dignity for All Students Act (“DASA”) to clarify the responsibilities of district administrators and staff, particularly with respect to transgender students. The amendment is effective immediately. Guercio & Guercio, LLP clients […]

By |May 11th, 2018|Legal Update|Comments Off on DASA Reporting and Transgender Students – New Regulatory Amendment

Charitable Funds for Public Educational Purposes

Chapter 59 of the Laws of 2018 (Part LL), signed into law on April 12, 2018, amends several provisions of the Education Law and the Real Property Tax Law (“RPTL”) to allow school districts to accept unrestricted charitable donations for public educational purposes and grant donors a corresponding tax credit of up to 95% […]

By |May 11th, 2018|Legal Update|Comments Off on Charitable Funds for Public Educational Purposes

Education Law Section 908 – Prohibition Against Meal Shaming

Chapter 56 of the Laws of 2018, signed into law on April 12, 2018, amended the Education Law to add a new section 908 requiring all public school districts (as well as charter and non-public schools) participating in the National School Lunch Program or School Breakfast Program (the “Programs”), and which require students […]

By |May 11th, 2018|Legal Update|Comments Off on Education Law Section 908 – Prohibition Against Meal Shaming

Recent Amendments to the Taylor Law

The Public Employees Fair Employment Act (more commonly known as the Taylor Law) refers to Article 14 of the New York State Civil Service Law, which defines the rights, obligations, and limitations of unions for public employees in New York. This law was amended, effective April 12, 2018, by Part RRR of […]

By |April 29th, 2018|Legal Update|Comments Off on Recent Amendments to the Taylor Law

Small Claims Tax Certiorari Petitions – Nassau County

Nassau County school districts may have questions about requests to waive service of Small Claims Tax Certiorari Petitions they have been receiving. Guercio and Guercio clients may read our client memo in the portal for more information.

By |April 24th, 2018|Legal Update|Comments Off on Small Claims Tax Certiorari Petitions – Nassau County

Update regarding Proposed Regulations for State Aid 180 Day Requirement

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 […]

By |April 12th, 2018|Legal Update|Comments Off on Update regarding Proposed Regulations for State Aid 180 Day Requirement

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 […]

By |March 26th, 2018|Legal Update|Comments Off on Student Walk-Outs / Follow up to our 2/27/19 Client Memorandum

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 […]

By |March 21st, 2018|Legal Update|Comments Off on Taxpayer Lawsuit Regarding 4% Budget Surplus Limitation

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.

By |March 13th, 2018|Legal Update|Comments Off on Update Regarding Transgender Guidance

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.

By |February 28th, 2018|Legal Update|Comments Off on Student Walkouts