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

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

APPR Updates and Reminders

This week, the Board of Regents (“Regents”) adopted yet another set of changes to the regulations implementing the Annual Professional Performance Review (“APPR”) of classroom teachers and building principals.  At the Regents meeting, the regulatory amendments were described as “technical” changes designed to increase flexibility for districts as they shift to new […]

By |May 24th, 2016|Legal Update|Comments Off on APPR Updates and Reminders

Update re: Child Protective Services (CPS) Interviews in School

The New York State Education Department (SED) and the New York State Office of Children and Family Services (OCFS) recently issued guidance addressing schools’ obligations to cooperate in CPS investigations in light of a 2015 decision from the U.S. District Court for the Southern District of New York in Phillips v. County […]

By |May 4th, 2016|Legal Update|Comments Off on Update re: Child Protective Services (CPS) Interviews in School

2016–2017 State Budget Legislation (Ch. 54 of the Laws of 2016)

The 2016–2017 State Budget legislation included several items of interest to school districts, including:  elimination of the Gap Elimination Adjustment (GEA); Community Schools Aid; new school safety provisions; a $15 minimum wage plan; and paid family medical leave. Clients can access our client memorandum for a more detailed analysis of these legislative […]

By |May 3rd, 2016|Legal Update|Comments Off on 2016–2017 State Budget Legislation (Ch. 54 of the Laws of 2016)

APPR and State Aid – Update on Adopted State Budget

Despite the lobbying efforts of NYSSBA, NYSCOSS, NYSASBO and other State-wide education organizations during the final days of the State budget negotiations, the Legislature and Governor declined to take any action in the adopted 2016-17 State budget to delink APPR and State Aid. Instead, the Aid to Localities portion of the 2016-17 […]

By |April 5th, 2016|Legal Update|Comments Off on APPR and State Aid – Update on Adopted State Budget

New Registration and Continuing Teacher and Leader Education Regulations

On March 21, 2016, the Board of Regents (“Regents”) adopted emergency regulations  to implement the new registration and continuing teacher and leader education (“CTLE”) requirements that were enacted as part of the Education Transformation Act of 2015 (“Act”) commencing with the 2016-17 school year (Ch. 56 of the Laws of […]

By |March 31st, 2016|Legal Update|Comments Off on New Registration and Continuing Teacher and Leader Education Regulations

Update re: Affordable Care Act Implementation – Cadillac Tax Delay & Short Extension for 6055/6056 Reporting

Federal legislation has delayed the implementation of the Affordable Care Act’s excise tax on high-cost health insurance (also referred to as the Cadillac tax) for two years. In addition, the IRS has provided short extensions of the deadlines for filing and furnishing the forms required for reporting under Sections 6055 and 6056 of the […]

By |January 7th, 2016|Legal Update|Comments Off on Update re: Affordable Care Act Implementation – Cadillac Tax Delay & Short Extension for 6055/6056 Reporting

LIPA PILOTS Update for Nassau County Districts

Nassau County’s action in removing LIPA properties from the tax rolls is having unintended consequences for school districts in Nassau County. If your school district has properties that are owned by LIPA you may be affected as well. Check with you school attorney for specific inquiries. (Clients may access full memorandum […]

By |December 22nd, 2015|Legal Update|Comments Off on LIPA PILOTS Update for Nassau County Districts