Non-Participation in the National Anthem

In light of the various forms of public protest recently taken across the country by professional athletes and sports team owners, many administrators and board members have asked whether similar conduct is permissible at school – specifically, whether students and staff have the right to kneel or sit as a form of political protest […]

By |October 5th, 2017|Legal Update|Comments Off on Non-Participation in the National Anthem

Updated SED Guidance re State Aid 180 Day Requirement

On April 5, 2017, the State Education Department (“SED”) updated its guidance regarding session days, the school calendar, and the reporting of attendance data for State Aid purposes. While the update does not substantively change existing guidance, it appears to convey an intent to strictly enforce certain requirements moving forward. This change is evidenced […]

By |April 22nd, 2017|Legal Update|Comments Off on Updated SED Guidance re State Aid 180 Day Requirement

Update Regarding Undocumented Students in Public Schools and DASA

On February 27, 2017, New York State Attorney General Eric Schneiderman and SED Commissioner MaryEllen Elia issued a joint press release highlighting their new guidance letter concerning the rights of undocumented students.  The guidance letter, available here http://www.nysed.gov/common/nysed/files/oag-sed-letter-ice-2-27-17.pdf, reminds school districts of the current state of the law governing […]

By |March 16th, 2017|Legal Update|Comments Off on Update Regarding Undocumented Students in Public Schools and DASA

Update Regarding Transgender Guidance

On Wednesday, February 22, 2017, The U.S. Department of Justice (“DOJ”) and the U.S. Department of Education (“DOE”) issued a “Dear Colleague” letter that withdrew two prior statements of policy and guidance regarding a school district’s obligations towards transgender students. In response, the New York State Office of the Attorney General (“OAG”) and […]

By |February 28th, 2017|Legal Update|Comments Off on Update Regarding Transgender Guidance

Amendment to Education Law Regarding Reserve Funds

On December 31, 2016, the Governor signed into law a bill that amends the Education Law, in relation to requiring notice of reserve funds and reserves funded by resolution and to require that each school district post on its website, if any, a final annual budget and any multi-year financial plan adopted by the […]

By |January 26th, 2017|Legal Update|Comments Off on Amendment to Education Law Regarding Reserve Funds

Cold War Veterans Tax Exemption

Recently, New York Real Property Tax Law (“RPTL”) Section 458-b was amended to authorize school districts to grant certain partial tax exemptions from school district real property taxes for Cold War veterans and certain qualifying family members. Guercio & Guercio, LLP clients may view full memorandum in the Client Portal

By |October 31st, 2016|Legal Update|Comments Off on Cold War Veterans Tax Exemption

New Requirements under the McKinney-Vento Homeless Assistance Act

In December 2015, the McKinney-Vento Homeless Assistance Act (“McKinney-Vento”) was reauthorized by the Every Student Succeeds Act (“ESSA”). ESSA made several changes to McKinney-Vento including new requirements for school districts that took effect on October 1, 2016. These changes are intended to ensure that homeless children and youth have access to public […]

By |October 31st, 2016|Legal Update|Comments Off on New Requirements under the McKinney-Vento Homeless Assistance Act

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

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