On August 24, 2018, Governor Cuomo signed into law a bill passed by the State Legislature to enhance the State’s requirements relating to pre-employment and random drug and alcohol testing of school bus drivers and the prohibition on drug and alcohol use prior to operating a school bus. (Ch. 207 of the Laws of […]
NYSED Residency Guidance
On July 19, 2018, the New York State Education Department (“NYSED”) issued new Residency Guidance after becoming aware of public concerns and inquiries indicating that some school districts have instituted a practice of “mandatory re-registration.” Although the Guidance does not specifically define the term “mandatory re-registration”, the Guidance references a mandatory practice wherein all […]
U.S. Supreme Court Decision in Janus v. AFSCME
On June 27, 2018, the United States Supreme Court, in Janus v. American Federation of State, County, and Municipal Employees, Council 31 (“Janus”), held that public sector labor unions may no longer collect fees for the cost of collective bargaining (known as agency fees) from employees who have chosen not to join the union. […]
Agency Payments in Anticipation of the Supreme Court’s Decision in Janus v. AFSCME
In anticipation of the U.S. Supreme Court’s imminent decision in Janus v. AFSCME, we write to address an issue that may arise regarding the collection of agency fees from non-union member employees just prior to the Court’s decision. Agency fee statutes permit government unions to collect fees from workers who are covered by a union […]
New Regulations Implementing New York State’s ESSA Plan
On June 12, 2018, the New York State Board of Regents adopted emergency regulations to implement New York’s approved State Plan under the federal Every Student Succeeds Act (“ESSA”). As you recall, ESSA was enacted in 2015 as the legislative reauthorization of the federal Elementary and Secondary Education Act (“ESEA”), replacing the previous legislative […]
Amendment to State Aid 180-Day Regulations Regarding Calculation of Superintendents’ Conference Days.
At its June 12, 2018 meeting, the Board of Regents approved, on an emergency basis, an amendment to the emergency regulations adopted at its April 2018 meeting regarding the calculation of the annual minimum hours of instructional time that can be counted towards superintendents’ conference days for purposes of meeting the 180-day instructional requirement […]
New State Laws Aimed at Preventing Sexual Harassment in the Workplace
This year’s State Budget legislation amended State law to help combat sexual harassment in the workplace (Ch. 57 of the Laws of 2018, Part KK, Subparts A-F). The legislation includes several new mandates that apply to all employers, including school districts and BOCES. The key provisions of the legislation, and the effective […]
DASA Reporting and Transgender Students – New Regulatory Amendment
On today’s date, the Board of Regents adopted an emergency amendment to the Commissioner’s regulations governing the reporting requirements under the Dignity for All Students Act (“DASA”) to clarify the responsibilities of district administrators and staff, particularly with respect to transgender students. The amendment is effective immediately. Guercio & Guercio, LLP clients […]
Charitable Funds for Public Educational Purposes
Chapter 59 of the Laws of 2018 (Part LL), signed into law on April 12, 2018, amends several provisions of the Education Law and the Real Property Tax Law (“RPTL”) to allow school districts to accept unrestricted charitable donations for public educational purposes and grant donors a corresponding tax credit of up to 95% […]
Education Law Section 908 – Prohibition Against Meal Shaming
Chapter 56 of the Laws of 2018, signed into law on April 12, 2018, amended the Education Law to add a new section 908 requiring all public school districts (as well as charter and non-public schools) participating in the National School Lunch Program or School Breakfast Program (the “Programs”), and which require students […]
