Issuance of New Federal Guidance Regarding Equal Educational Opportunities, Immigration Status and Citizenship Status

In May 2014, the United States Department of Education and the United States Department of Justice released three guidance documents regarding proper student enrollment and residency practices to help school districts avoid a violation of students’ rights to equal educational access and opportunities despite immigration and/or citizenship status.

By |June 4th, 2014|Legal Update|Comments Off on Issuance of New Federal Guidance Regarding Equal Educational Opportunities, Immigration Status and Citizenship Status

Amendment of Education Law Section 4402 and Use of a New Procedural Safeguards Notice

The New York Legislature’s March 2014 amendment to Education Law Section 4402 removes a school district’s previous obligation to obtain parental consent before a school district’s initial provision of extended school year services to students who have been classified as having a disability. As a result of this amendment, school districts must immediately […]

By |June 4th, 2014|Legal Update|Comments Off on Amendment of Education Law Section 4402 and Use of a New Procedural Safeguards Notice

New Mandatory Reporting Requirements and Testing Misconduct

The Board of Regents recently enacted regulations that impose new mandatory reporting requirements for school personnel concerning testing misconduct on State assessments. The regulations, which amend §102.4 of the Commissioner’s regulations, became effective on May 14, 2014.

By |May 2nd, 2014|Legal Update|Comments Off on New Mandatory Reporting Requirements and Testing Misconduct

Common Core Implementation Reform Act – Regulations

At its meeting of April 29, 2014, the Board of Regents adopted emergency regulations to conform to the new “Common Core Implementation Reform Act” which was enacted as part of the 2014-15 State Budget (Ch. 56 of the Laws of 2014, Part AA). The regulations ban the use of standardized testing in Pre-K […]

By |May 1st, 2014|Legal Update|Comments Off on Common Core Implementation Reform Act – Regulations

Court of Appeals Overturns the County Repeal of the County Guarantee

The New York State Court of Appeals has ruled in favor of school districts with regard to Nassau County’s attempt to repeal the so-called “County Guarantee.”

In a decision dated February 18, 2014, the Court affirmed the Appellate Division, Second Department’s holding that the Nassau County Legislature’s enactment of Local Law 18, which purported to […]

By |February 27th, 2014|Legal Update|Comments Off on Court of Appeals Overturns the County Repeal of the County Guarantee