Department of Health Reopening Guidance

On September 2, 2021, the New York State Department of Health (“DOH”) issued a 12-page school reopening guidance. This guidance document outlines several mandatory requirements that school districts and BOCES must immediately undertake. It also outlines measures that districts and BOCES should consider to combat the spread of COVID-19. We note that this guidance […]

By |September 10th, 2021|Legal Update|Comments Off on Department of Health Reopening Guidance

FAQs Regarding Paid COVID Leave

Based on several recent inquiries, our office has prepared an FAQ on some common questions and answers relating to New York’s Paid COVID Leave.

By |September 10th, 2021|Legal Update|Comments Off on FAQs Regarding Paid COVID Leave

Amendment to Open Meetings Law

On September 2, 2021, Governor Hochul signed into law Senate Bill S50001, which amends the Open Meetings Law and authorizes boards of education and other government bodies to hold public meetings remotely by conference call or similar services through January 15, 2022.

By |September 10th, 2021|Legal Update|Comments Off on Amendment to Open Meetings Law

Gender Neutral Bathrooms

Effective March 23, 2021, school districts and BOCES are required to develop policies and procedures to designate all existing single-occupancy bathroom facilities as gender neutral by posting clear signage indicating same on or near the entry door of each facility. N.Y. Educ. Law § 409-M. Districts may do so by either developing a new […]

By |February 3rd, 2021|Legal Update|Comments Off on Gender Neutral Bathrooms

Facial Recognition Technology

On Tuesday, December 22, 2020, Governor Cuomo signed legislation (A6787-D/S5140-B) that suspends facial recognition and biometric technologies in schools. The legislation, which takes effect immediately, prohibits schools from purchasing and utilizing biometric identifying technology in schools until July 1, 2022 or until the State Education Commissioner authorizes the purchase or the use of such […]

By |January 5th, 2021|Legal Update|Comments Off on Facial Recognition Technology

FFCRA Update: Revised Temporary Rule

On September 11, 2020, the U.S. Department of Labor (“DOL”) issued revisions and clarifications to its prior rule (“Revised Rule”) regarding leave under the Emergency Paid Sick Leave Act (“EPSLA” or “Paid Sick Leave”) and the Emergency Family and Medical Leave Expansion Act (“EFMLEA” or “Expanded Childcare Leave”), both parts of the Families First […]

By |September 17th, 2020|Legal Update, Upcoming Event|Comments Off on FFCRA Update: Revised Temporary Rule

2020-2021 State Budget Legislation

On April 3, 2020, Governor Cuomo signed into law the 2020-2021 State budget. The Budget legislation makes significant changes related to State aid, union access to new employee orientations, paid time off to vote, the sale, distribution, and marketing of vapor products and e-cigarettes, the sale and distribution of containers composed of Styrofoam, and […]

By |April 21st, 2020|Legal Update|Comments Off on 2020-2021 State Budget Legislation

Novel Coronavirus (“COVID-19”)

We write to provide an update as to the available guidance provided by various governmental agencies regarding the myriad of issues related to COVID-19 (e.g., prevention, sanitation, protocols, etc.) as well as some associated labor issues.  Guercio and Guercio clients can view this entire memorandum in the client portal.

By |March 6th, 2020|Legal Update|Comments Off on Novel Coronavirus (“COVID-19”)

Probationary Period for Administrators

Recently enacted amendments to the Education Law will provide for a shortened probationary period of three years (rather than four years) for administrators who were previously granted tenure in an authorized administrative tenure area. The amendments take effect on June 1, 2020 and apply only to individuals beginning their probationary periods on or after that date.  Guercio & […]

By |February 28th, 2020|Legal Update|Comments Off on Probationary Period for Administrators

Recently Adopted Data Privacy and Security Regulations

On January 14, 2020, the Board of Regents adopted the long-awaited regulations implementing the data privacy and security requirements of Education Law §2-d. The new regulations are effective January 29, 2020. The entire memorandum summarizing the regulations and the additional steps educational agencies must take to comply with the requirements of Section 2-d can […]

By |February 5th, 2020|Legal Update|Comments Off on Recently Adopted Data Privacy and Security Regulations