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

New Overtime Regulations

The United States Department of Labor (“DOL”) published a final rule (the “Final Rule”) updating the regulations implementing the Fair Labor Standards Act (“FLSA”), which will automatically extend overtime pay eligibility to over 4 million workers effective December 1, 2016. The FLSA requires that most employees be paid at least the […]

By |June 23rd, 2016|Legal Update|Comments Off on New Overtime Regulations

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