Executive Order Restoring Voting Rights to Parolees

In April 2018, the Governor signed an Executive Order restoring voting rights to individuals on parole. Notwithstanding this Executive Order, should an individual be on parole for a sexual offense, and is classified as a Level II or Level III offenders on the NY State Registry, this individual still requires written authorization from […]

By |September 17th, 2018|Legal Update|Comments Off on Executive Order Restoring Voting Rights to Parolees

New Protections for Labor Class Employees

On September 7, 2018, the Governor signed into law a bill passed by the State Legislature which now provides Labor Class Civil Service employees the same Section 75 rights as those Civil Service Employees in the Non-Competitive Class. Labor Class employees with at least 5 years continuous service are now entitled to Section […]

By |September 17th, 2018|Legal Update|Comments Off on New Protections for Labor Class Employees

Drug and Alcohol Testing of School Bus Drivers

On August 24, 2018, Governor Cuomo signed into law a bill passed by the State Legislature to enhance the State’s requirements relating to pre-employment and random drug and alcohol testing of school bus drivers and the prohibition on drug and alcohol use prior to operating a school bus. (Ch. 207 of the Laws of […]

By |September 4th, 2018|Legal Update|Comments Off on Drug and Alcohol Testing of School Bus Drivers

NYSED Residency Guidance

On July 19, 2018, the New York State Education Department (“NYSED”) issued new Residency Guidance after becoming aware of public concerns and inquiries indicating that some school districts have instituted a practice of “mandatory re-registration.” Although the Guidance does not specifically define the term “mandatory re-registration”, the Guidance references a mandatory practice wherein all […]

By |July 30th, 2018|Legal Update|Comments Off on NYSED Residency Guidance

U.S. Supreme Court Decision in Janus v. AFSCME

On June 27, 2018, the United States Supreme Court, in Janus v. American Federation of State, County, and Municipal Employees, Council 31 (“Janus”), held that public sector labor unions may no longer collect fees for the cost of collective bargaining (known as agency fees) from employees who have chosen not to join the union.  […]

By |June 29th, 2018|Legal Update|Comments Off on U.S. Supreme Court Decision in Janus v. AFSCME

Agency Payments in Anticipation of the Supreme Court’s Decision in Janus v. AFSCME

In anticipation of the U.S. Supreme Court’s imminent decision in Janus v. AFSCME, we write to address an issue that may arise regarding the collection of agency fees from non-union member employees just prior to the Court’s decision. Agency fee statutes permit government unions to collect fees from workers who are covered by a union […]

By |June 22nd, 2018|Legal Update|Comments Off on Agency Payments in Anticipation of the Supreme Court’s Decision in Janus v. AFSCME

New Regulations Implementing New York State’s ESSA Plan

On June 12, 2018, the New York State Board of Regents adopted emergency regulations  to implement New York’s approved State Plan under the federal Every Student Succeeds Act (“ESSA”).  As you recall, ESSA was enacted in 2015 as the legislative reauthorization of the federal Elementary and Secondary Education Act (“ESEA”), replacing the previous legislative […]

By |June 19th, 2018|Legal Update|Comments Off on New Regulations Implementing New York State’s ESSA Plan

Amendment to State Aid 180-Day Regulations Regarding Calculation of Superintendents’ Conference Days.

At its June 12, 2018 meeting, the Board of Regents approved, on an emergency basis, an amendment to the emergency regulations adopted at its April 2018 meeting regarding the calculation of the annual minimum hours of instructional time that can be counted towards superintendents’ conference days for purposes of meeting the 180-day instructional requirement […]

By |June 15th, 2018|Legal Update|Comments Off on Amendment to State Aid 180-Day Regulations Regarding Calculation of Superintendents’ Conference Days.

New State Laws Aimed at Preventing Sexual Harassment in the Workplace

This year’s State Budget legislation amended State law to help combat sexual harassment in the workplace (Ch. 57 of the Laws of 2018, Part KK, Subparts A-F). The legislation includes several new mandates that apply to all employers, including school districts and BOCES. The key provisions of the legislation, and the effective […]

By |May 31st, 2018|Legal Update|Comments Off on New State Laws Aimed at Preventing Sexual Harassment in the Workplace

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