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

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.

By |February 26th, 2018|Legal Update|Comments Off on Armed Security Personnel

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 […]

By |January 27th, 2018|Legal Update|Comments Off on Proposed Regulations regarding State Aid 180 Day Requirement

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 […]

By |December 29th, 2017|Legal Update|Comments Off on Governor’s Executive Order on Prepayment of Taxes – Implications for School Districts

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