Update on Regulations for Homebound Instruction
July 07, 2023
This memorandum is intended to provide updated guidance on Commissioner's Regulation § 200.6 and § 100.22 relating to Homebound Instruction. Previously, our office distributed guidance on the amendments that were adopted as an emergency rule at the May 2022 Regent's meeting.
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Guidance on Part 123
May 31, 2023
This memorandum is intended to provide guidance regarding the new Part 123 of the Regulations of the Commissioner of Education, prohibiting the use of Indigenous names, mascots, and logos by public schools.
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Resolution - Guidance on Part 123 - Indigenous Names and Mascots
Budget ReVote
May 12, 2023
This memorandum will provide you with the options available to the Board of Education should the budget be defeated by the voters on May 16, 2023. As in previous years, the Board may hold a special meeting (a budget "re-vote"), in which case the Board can present the same or a modified budget to the voters. The procedures for a re-vote are outlined below. Alternatively, the Board may choose to forego a second vote and adopt a contingency budget. The parameters for a contingency budget also follow below.
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Election Day Instructions
May 11, 2023
This memorandum will provide information and instructions for you and your election personnel on election day. You can review or distribute the election worker instructions set forth on the page entitled "Instructions for Election Workers" as is or modify the document to fit your needs. In the event of a challenge to the election, the fact that you provided clear and precise instructions to your election workers on matters including the canvassing of absentee ballots will go a long way in defending the integrity of the election. Following the "Instructions for Election Workers" is a brief restatement of electioneering rules for election day.
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Prohibition on the Use of Indigenous Names, Logos, and Mascots
May 4, 2023
At the April 18, 2023, meeting of the Board of Regents, the Board unanimously approved an amendment to Part 123 of the Regulations of the Commissioner, prohibiting the use of Indigenous names for school mascots, logos, symbols or images, which became effective as a permanent rule on May 3, 2023. The position of the Regents is clear and unequivocal: irrespective of community sentiment or longstanding tradition, "...no public school in the State of New York may utilize or display an indigenous name, logo or mascot other than for purposes of classroom instruction." 8 NYCRR 123.2
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School District Election Contact Information
May 4, 2023
During the last three elections, we have had our attorneys available remotely through Zoom to answer immediate questions and view questionable ballots. We found that it was helpful for all of our clients.
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Annual District Election and Budget Vote
March 30, 2023
As you are aware, the Annual District Election of May 16, 2023, is rapidly approaching. All nominating petitions and/or propositions submitted for inclusion on the ballot must be submitted to the District Clerk's Office by 5:00 p.m. on Monday, April 17, 2023.
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Distribution of Absentee Ballots
February 21, 2023
At our annual election seminar, held on January 18, 2023, we discussed issues related to the distribution of absentee ballots. Specifically, you asked for the legal reasoning behind our advice that absentee ballots not be distributed until at least the seventh or eighth day before the election. This memorandum is intended to further explain our reasoning.
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Annual District Election and Budget Vote Seminar
December 7, 2022
This is to inform you that we will be holding our annual seminar on School District Elections for all Superintendents, Administrators, Board of Education members and District Clerks and Assistant District Clerks who would like to attend. Topics to be covered will include pertinent dates for the 2023 annual district election, legal notice requirements, propositions, absentee and affidavit ballots, campaigning and electioneering, recent Commissioner's decisions and other quirky election-related items.
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Tax Exemptions for Senior Citizen and Persons with Disabilities with Limited Income
November 28, 2022
Earlier this year, New York State increased the eligible income limits for partial real property tax exemptions for low-income senior citizens and persons with disabilities.1 On or about November 4, 2022, Nassau County advised school districts that it had enacted local law 8-2022 to increase the maximum allowable annual household income requirements from $37,399 to $58,399 to qualify for the exemption. The County further advised that school districts must opt in by January 2, 2023 by board resolution for this new income scale to apply to 2023-24 school taxes. Here is a brief explanation
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Prohibition on the Use of Native American Mascots
November 18, 2022
Based on a recent NYS court decision affirming SED's long-held position against the use of Native American names and imagery, the State Education Department issued a memorandum on November 17, 2022 prohibiting the use of such names or imagery in public schools without current approval from a recognized tribe (“SED Memorandum”). School districts who use Native American mascots, team names or imagery must affirmatively commit to replace them by no later than June 30, 2023.
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Health Care Updates from SED
November 17, 2022
This memorandum is intended to alert you to two recent documents released by the State Education Department (“SED”) in early November 2022: “Health Examination Guidelines for Schools1 ” (“Health Examination Guidelines”); and “Managing Emergency Health Care and Communicable Diseases in the School Setting2 ” (Managing Emergency Health Care”). Both documents include clearer language, updated links and updated information related to the requirements of the Dominick Murray Sudden Cardiac Arrest Prevention Act (“the DMSCAP Act”), aimed at addressing sudden cardiac arrest during athletic activities, as well as other school health and medical related items.
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Administration of Medication to Students Roles of Health Personnel in School
November 4, 2022
This memorandum is intended to alert you to two recent documents released by the State Education Department (“SED”), entitled “Guidelines for Medication Management in Schools1 ” (“Medication Management guidance”), and the “Roles of the Medical Director and School Nurse” (“Medical Director and School Nurse memorandum”). Both documents provide clearer language, updated information and updated links for additional resources.
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medical director school nurse memo
medication management
NYS Health Care Worker Bonus Program – Updated Guidance
October 19, 2022
This memorandum will serve as an update to our prior memorandum of August 29, 2022 titled NYS Health Care Worker Bonus (“HWB”) Program. The New York State Department of Health has finally issued guidance that is relevant to school districts. This memorandum breaks down the school-specific guidance and distills the most important information. The DOH has released large amounts of HWB program guidance throughout late September and early October, but until this week it was largely relevant only to medical employers. The HWB program was primarily designed with employees of large institutional medical facilities in mind (i.e., hospitals, clinics, nursing homes, etc.). Although public school districts were tacked onto the HWB law as covered employers, it appears that there was little forethought given to how the HWB program's eligibility rules would translate into the school setting. Last week, our firm participated in a videoconference facilitated by the New York State School Boards Association (“NYSSBA”). Representatives from all of the major school law firms throughout the state met to discuss the most pressing questions about the program. NYSSBA forwarded the group's questions to DOH. As a result, DOH issued two rounds of new guidance on October 17 and 18 specifically geared toward educational institutions. Alt
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RAAI-Attorneys Corner
July-September 2022
In this installment of the Attorney's Corner, we review a case from the United States Court of Appeals for the Second Circuit and four decisions from the United States District Court for the Southern District of New York (“S.D.N.Y”). The first decision examines a class action lawsuit on behalf of students who were denied immunization exemptions under N.Y. Pub. Health. Law Section 2164(8).
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Preparation for 2023 Annual Election and Budget Vote.
September 12, 2022
The following provides an outline of pertinent election dates for the May 16, 2023 Annual Election and Budget Vote. At this juncture, it does not appear that any specific COVID-19 restrictions will be in effect, but we will continue to provide updates if they are announced. In the meantime, this memorandum is intended to set forth the important dates that you need to begin your planning.
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Fall 2022 COVID-19 Return-to-School Rules Summary
August 31, 2022
This memorandum will summarize the current COVID-19 rules pertaining to students and staff members in public school districts. It covers the rule changes that occurred during the summer months, as well as the new rules and recommendations issued last week by the New York State Department of Health (“NYSDOH”).
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Annual Update on COVID-19 Paid Leave
August 31, 2022
This memorandum will bring you up to date on the two types of COVID-19 paid leave available to school district employees: paid leave covering missed workdays while on isolation and paid leave to receive vaccinations or booster shots.
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NYS Health Care Worker Bonus (“HWB”) Program
August 29, 2022
As part of the 2022-2023 New York State Budget, the Legislature passed a law allocating $1.2 billion to fund mandatory cash bonuses of up to $3,000 for workers in certain health professions. The program is administered by the New York State Department of Health (“NYSDOH”). Under the terms of the HWB Program, employers are responsible for identifying eligible workers and filing claim forms on their behalf to obtain bonus money from the state. Failure to include eligible employees on claim forms could result in financial penalties for the employer.
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New Guidance Issued by OSEP and OCR Affecting School Districts
August 19, 2022
This memorandum is to inform you of recent “significant” guidance published by the U.S. Department of Education (“DOE”). The federal Office of Special Education and Rehabilitative Services (“OSERS”), together with the Office for Special Education Programs (“OSEP”), issued three documents which address supporting the needs of students with disabilities and avoiding the use of discriminatory discipline. The federal Office for Civil Rights ("OCR”) also issued documents which address avoiding discriminatory use of student discipline and safeguarding rights for students protected by Section 504 of the Rehabilitation Act of 1973 (“Section 504").
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Review of New York's “Red Flag” Laws for Schools
July 20, 2022
Two recent mass shooting incidents in Buffalo, New York and Uvalde, Texas were committed by school-age individuals who exhibited actionable warning signs of violence. In response to those incidents, “red flag” laws have become the subject of renewed attention.
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Boards of Education and Boards of Trustees Superintendents of Schools Assistant Superintendents/Directors of HR/PPS/Business
July 18, 2022
The inspiration for this memorandum is a recent audit of several school districts by the New York State Comptroller's Office, which identified widespread failures to adhere to the mental health training requirements under the New York SAVE Act
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Legal Leaders-New York Area's Top Rated Lawyers of 2022
July 7, 2022
Frazer & Feldman is proud to announce that we have been recognized in the July/August 2022 issue of the National Law Journal as one of the "Top Rated Lawyers of 2022". The recognition is based on the firm being AV rated by Martindale Hubbell, the highest peer rating for legal and ethical standards and celebrating the achievements of the New York Tri-State area's legal leaders. Please see attached or visit their website at https://www.law.com/nationallawjournal/rankings/the-2022-nlj-500.
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Update to Virtual Board Meeting Rules
June 29, 2022
As part of its annual budget bill, the Legislature passed an important amendment to the Open Meetings Law (“OML”). The amendment provides an all-new set of rules for board meetings that involve virtual participation via videoconference.
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New Supreme Court Decision regarding School Prayer
June 29, 2022
This memorandum is to inform you of a recent decision issued by the United State Supreme Court regarding school prayer, and a public school coach's right to pray on the football field. See Kennedy v. Bremerton School District, No. 21-418, -- S.Ct.-- (June 27, 2022). In sum, the Supreme Court held that: (1) the coach's conduct was protected by the First Amendment's free speech and free exercise of religion clauses; and (2) the coach's prayers did not violate the Establishment Clause, which bars the government from both establishing an official religion and preferring one religion over another.
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Addition of Section 100.22 and Amendment of Section 200.6 of the Regulations of the Commission of Education Relating to Homebound Instruction
June 8, 2022
This memorandum provides information about proposed amendments to section 200.6 and the addition of 100.22 of the Regulations of the Commissioner of Education (“Regulations”), relating to the instruction provided to students in a home, hospital, or non-school instructional setting, otherwise referred to as homebound instruction. The proposed amendments were adopted as an emergency rule at the May, 2022 Regent's meeting.
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RAAI! March-April 2022.
May 17, 2022
In this installment of the Attorney's Corner, we review two decisions from the United States District Court for the Southern District of New York. The first decision examines the issue of private school tuition reimbursement and parents' actions--- namely, the making of a down payment towards tuition at a private school as proof of notice that something was wrong. The second case analyzes a blanket reduction of attorney's fees based upon an education law firm's hourly rates and billing practices.
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Budget Re-Vote.
May 13, 2022
This memorandum will provide you with the options available to the Board of Education should the budget be defeated by the voters on May 17, 2022. As in previous years, the Board may hold a special meeting (a budget “re-vote”), in which case the Board can present the same or a modified budget to the voters. The procedures for a re-vote are outlined below. Alternatively, the Board may choose to forego a second vote and adopt a contingency budget. The parameters for a contingency budget also follow below.
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Campaigning and Electioneering
May 12, 2022
In anticipation of the upcoming school district election and budget vote, we are providing an overview of how board members and others can — and cannot — participate in the election process.
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Superintendents of Schools District Clerks Boards of Education
May 04, 2022
This memorandum will provide information and instructions for you and your election personnel on election day. You can review or distribute the election worker instructions set forth on the page entitled "Instructions for Election Workers" as is, or modify the document to fit your particular circumstances. In the event of a challenge to the election, the fact that you provided clear and precise instructions to your election workers will go a long way in defending the integrity of the election.
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RAAI! February 2022.
In this installment of the Attorney's Corner, we review two decisions from the Eastern District Court, one from the Western District Court of Washington, a U.S. Court of Appeals decision and an appeal to the Commissioner of Education. First we review a decision from the United States District Court for the Eastern District of New York. The District Court decision examines the issue of private school reimbursement and parents' predetermination--- namely, the parents' unwillingness to cooperate with the Committee on Special Education (“CSE”), despite being given the opportunity to meaningfully participate in the CSE meeting and IEP development. Next, we review another decision from the Eastern District of New York that analyzes the New York City Department of Education's obligation to provide trained staff to administer Glucagon for students with Type I and Type II diabetes on school buses and field trips. Thirdly, a decision of the United States District Court for the Western District of Washington is reviewed, that examines the school district's obligations to conduct child find and provide procedural safeguards under IDEA or risk facing claims under an exception to IDEA's two-year statute of limitations. We also examine a U.S. Court of Appeals decision which looks at whether “slow gains” meets the FAPE standard under Endrew F. Lastly, we review a Commissioner's decision involving the board of education's authority under Education Law §1709 to prescribe a student's course of study. The student was retained in kindergarten and his parents sought his acceleration to make up for the year he spent being retained.
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Freedom of Information Law (“FOIL”) Training Seminar held March 30, 2022
March 30, 2022
Annual District Election and Budget Vote - Absentee Ballot Legislation – Client Memo #138.
March 28, 2022
This is to inform you that S7619 was signed by the Governor. If you recall, this bill extends prior legislation permitting an individual to request an absentee ballot for school elections using the temporary illness provision due to the fear of contracting of COVID-19. The law is effective immediately and expires on January 1, 2023.
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Extension of Virtual Board Meetings
March 18, 2022
Yesterday, it was announced that Governor Hochul signed Executive Order 11.4, which extends New York's state of emergency declaration through April 15, 2022. The Open Meetings Law amendment permitting fully virtual Board meetings is linked to the state of emergency status. Therefore, boards of education and boards of trustees are allowed to continue conducting fully virtual board meetings through April 15, 2022.
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Freedom of Information Law (“FOIL”) Training Seminar - Save the Date.
March 8, 2022
This memorandum is to inform you that our office will be holding a client training seminar on the New York State Freedom of Information Law (“FOIL”) for all school board members, Superintendents of Schools, interested school administrators, Records Access Officers, FOIL Appeals Officers, and district clerks who wish to attend. A question and answer period will follow the training seminar.
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Update on Staff and Student Exposure Protocols – Client Memo #135
March 2, 2022
This memorandum is intended to clarify interpretations regarding the new guidance released on Tuesday, March 1, 2022 by the New York State Department of Health (“NYSDOH”). 1
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Updated NYSDOH Guidance for Schools.
March 2, 2022
Yesterday evening, the New York State Department of Health issued comprehensive new guidance which addresses many of the impacts of the statewide mask mandate repeal. The guidance consists of an update containing supplemental information to the document titled, “Interim NYSDOH Guidance for Classroom Instruction in P-12 Schools During the 2021-2022 Academic Year” 1 and an accompanying “FAQ for Schools” which provides additional details on several key topics.2 This memorandum summarizes the key points in the new guidance.
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School Mask Mandate Repealed Effective March 2
February 28, 2022
During a press briefing yesterday afternoon, Governor Hochul announced that the universal statewide school mask mandate will be repealed effective Wednesday, March 2.1 As such, Tuesday, March 1st is the last day that masks will be mandated in school buildings and at school functions. Governor Hochul cited the positive developments in COVID-19 metrics over the last several weeks, input from school stakeholders, and the CDC's revised school masking recommendations released last Friday as the basis for her decision.
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Client Memo #131 - Revised CDC Masking Guidelines.
February 26, 2022
During a press briefing yesterday afternoon, the CDC announced significant changes to its masking guidelines.1 The changes include a repeal of the universal masking recommendation for schools.
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Renewal of Statewide School Mask Mandate Regulation – Client Memo #130.
February 23, 2022
In this installment of the Attorney's Corner, we review two decisions from the Office of State Review and two from federal district court. We begin with a decision from the Office of State Review that examines the effectiveness of remote learning and certain factors—namely, a student's disposition and a parent's cooperation—upon which the success of remote learning may hinge. Next, we recap another Office of State Review decision that illustrates the perils of parents attempting to procure pendent placements on their own. Specifically, when a parent shoulders the burden of finding the placement, the parent is also responsible for ensuring services are delivered. The third decision we review is one from the Eastern District of New York which challenged the Mask Mandate contained in the Regulations of the Commissioner of the New York State Department of Public Health. Lastly, we review a Southern District of New York decision that analyzes which factors a court considers when awarding attorney's fees.
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RAAI! December 2021 – January 2022.
December 2021 – January 2022
In this installment of the Attorney's Corner, we review two decisions from the Office of State Review and two from federal district court. We begin with a decision from the Office of State Review that examines the effectiveness of remote learning and certain factors—namely, a student's disposition and a parent's cooperation—upon which the success of remote learning may hinge. Next, we recap another Office of State Review decision that illustrates the perils of parents attempting to procure pendent placements on their own. Specifically, when a parent shoulders the burden of finding the placement, the parent is also responsible for ensuring services are delivered. The third decision we review is one from the Eastern District of New York which challenged the Mask Mandate contained in the Regulations of the Commissioner of the New York State Department of Public Health. Lastly, we review a Southern District of New York decision that analyzes which factors a court considers when awarding attorney's fees.
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Extension of the Open Meetings Law Exception for Virtual Board Meetings – Client Memo #129.
February 15, 2022
Yesterday afternoon Governor Hochul signed Executive Order 11.3, which extends her previous COVID-19 state of emergency declaration through March 16, 2022.
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Mask Mandate Legal Update – Stay Order Status Quo – Client Memo #128
February 11, 2022
This memorandum provides an update on the status of the mask mandate in NYS Department of Health regulation 10 NYCRR § 2.60. Yesterday, the Court of Appeals denied the petitioners' motion for leave to appeal the current stay order regarding the mask mandate, which maintains the status quo. Thus, the current mask mandate remains in place until March 2, 2022.
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Surety Bond FOIL Request
February 9, 2022
Many of our clients have recently received FOIL requests1 for copies of what is variously described as your “Public Officers surety bond,” “Public Official Blanket Surety Bond,” “Surety Liability Insurance policy,” “public school system faithful performance bonds” or similar bonds or official undertakings for board members and/or district officers. Some FOIL requests also may seek copies of your errors and omissions, school leaders' or other insurance policies. This memorandum is intended to provide the assistance you may need in responding to such requests.
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Mask Mandate Legal Update – Further Extension of Stay Order – Client Memo #127
February 1, 2022
This memorandum provides an update on the status of the mask mandate in NYS Department of Health regulation 10 NYCRR § 2.60. Yesterday evening, a four-judge panel of the Appellate Division issued a written decision that leaves the mask mandate in place until March 2, 2022.
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School District Options Regarding Mask Mandates Client Memo #126
January 27, 2022
At the time of publication of this memorandum, the mask mandate contained in NYS Department of Health (“NYSDOH”) regulation 10 NYCRR § 2.60 is in full effect, by virtue of a temporary stay granted by Judge Robert J. Miller of the Appellate Division on January 25th .
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Temporary Stay of Nassau County Mask Mandate Decision Client Memo #125
January 25, 2022
This morning, the State Attorney General's Office filed an emergency motion requesting a stay of yesterday's Nassau County Supreme Court decision regarding the legal status of the Department of Health mask mandate and regulation 10 NYCRR § 2.60. Following a hearing this afternoon, Justice Miller of the Appellate Division issued a temporary stay of the Nassau County order, pending a hearing on the motion, scheduled for this Friday. (See attached.) The stay will remain in effect pending the judge's determination on the underlying motion.
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Matter of Demetriou v New York State Department of Health 2022-00532
Nassau County Executive Order – Client Memo #123
January 6, 2022
Since the fall of 2020, a nearly-continuous series of state-level executive orders and public health regulations issued by the New York State government have required all public school students to wear masks inside school facilities. The most recent of those series of mandates was issued on August 27, 2021 in the form of an administrative regulation from the New York State Department of Health (“NYSDOH”).1 Such administrative regulations are issued by state agencies pursuant to the authority of the Legislature and carry the force of state law.
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Executive order number 1-2022
COVID-19 Updates from NYSDOH and the CDC – Client Memo #121
December 29, 2021
Last week, the New York State Department of Health (“NYSDOH”) issued two major COVID-19 guidance documents; one on December 23 and another on December 24. Both have a direct impact on school districts and school employees. Additionally, on December 27 the CDC adjusted its recommendations for quarantine of close contacts. All new developments relevant to school districts are summarized in this memorandum.
Client Memo #121 - December 2021 NYSDOH and CDC Updated Guidance
Client Memo #121 Attachment NYSDOH Vaccine Symptoms Flowchart
State Government's Distribution of Rapid COVID-19 Self-Test Kits - Client Memo #120
December 29, 2021
This memorandum will address Governor Hochul's announcement on Monday, December 27 that the State Government will begin distributing approximately 3 million COVID-19 self-test kits to public school districts.
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New COVID-19 Guidance December 10th “Indoor Public Spaces” Mask Mandate Client Memo #119
December 13, 2021
On the afternoon of Friday, December 10, 2021, following an announcement from Governor Hochul, the New York State Department of Health (“NYSDOH”) promulgated an updated statewide mask mandate.1 Although the new mandate primarily affects businesses and other “indoor public spaces,” there are several items that directly affect school districts. These include a prohibition against “mask breaks,” new mask rules for community events in school buildings, and new mask rules for school board meetings.
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Annual District Election and Budget Vote Seminar - Save the Date.
December 1, 2021
This is to inform you that we will be holding our annual seminar on School District Elections for all Superintendents, Administrators, Board of Education members and District Clerks and Assistant District Clerks who would like to attend. Topics to be covered will include pertinent dates for the 2022 annual district election, legal notice requirements, propositions, absentee and affidavit ballots, campaigning and electioneering, recent Commissioner's decisions and other quirky election-related items. We will also discuss any COVID-19 related updates.
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Recent Amendment to Open Meetings Law (REVISED)
November 19, 2021
On November 8, 2021, Governor Hochul approved an amendment to the Open Meetings Law that requires all public agencies to electronically post draft board meeting minutes online.
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October 7, 2021 Newsday FOIL Request for Mask Information
October 13, 2021
On October 7, 2021, Newsday sent a Freedom of Information Law (“FOIL”) request to over 120 school districts on Long Island asking questions about mask mandate exceptions. While school districts may elect to respond to the FOIL and provide the information requested, we wish to remind all districts that Newsday's request is an admitted misuse of FOIL. As you may know, FOIL mandates the disclosure of public records and does not require answers to interrogatories. For that reason, we recommend denying this request consistent with FOIL. Set forth below is a summary of the FOIL request, relevant law and possible consequences.
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New COVID-19 Guidance from the New York State Department of Health Client Memo #118
October 29, 2021
Yesterday, the New York State Department of Health (“NYSDOH”) disseminated a new COVID-19 guidance document containing four new developments applicable to schools.1 The first two developments have an immediate impact on routine school district testing procedures.
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Recent Amendment to Open Meetings Law
September 21, 2021
On October 19, 2021, Governor Hochul approved an amendment to the Open Meetings Law that will have an impact on future school board meetings. The amendment mandates that all documents which are scheduled to be the subject of board discussion on the meeting agenda must be posted to a school district's website at least 24 hours in advance of each board meeting. This includes copies of all vendor agreements, contracts, reports, policies, MOAs, legal settlements, scheduled for board discussion or action.
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Refresher on Paid Leave and Accrued Leave for COVID-related Absences Client Memo # 117
September 23, 2021
Now that all school personnel are back to work for the fall, this memorandum will provide an update on what kinds of leave time are available for employees who miss work due to COVID-19.
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Attachment to Paid Leave Overview Client Memo # 117
Overview of Mandatory vs. Non-mandatory COVID-19 Guidance – Memo # 116
September 9, 2021
Over the last several days, the COVID-19 guidance landscape has changed significantly. As late as August 26, school districts had the authority to customize nearly every facet of their COVID-19 preparedness. Mask requirements, testing options, return-to-work procedures, and almost every other part a school district's re-opening plan was delegated to local decision-making. There were almost no state mandates.
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Return to Virtual Board Meetings – Client Memo #115
September 9, 2021
On September 2, Governor Hochul signed a bill into law that allows school districts to return to fully-virtual board meetings. The law took effect immediately and will remain in effect through January 15, 2022.
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Information and Guidance for School Mask Mandates
August 31, 2021
The much-publicized mask mandate for schools has finally become official. All school districts must enforce a universal mask policy, regardless of vaccination status. Exceptions are possible under state and federal law, but extremely limited. This memo will offer additional guidance on topics such as what exceptions are appropriate and consequences for failure to abide by the mandate.
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Update on COVID-19 Reopening Topics – Client Memo #113
August 16, 2021
As things currently stand this year, school districts are now the primary decision-makers for most of the issues that will need to be addressed by their school reopening plans. Each school district has the discretion decide on the specific COVID-19 reopening precautions it will implement in the 2021-22 school year. This memorandum contains guidance on a wide variety of important topics related to COVID-19. The questions are primarily intended to assist school districts as they create their respective reopening plans for the 2021-2022 school year.
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Long COVID and Students with Disabilities – Client Memo #112
August 16, 2021
This memorandum provides information about new guidance regarding students with long term symptoms of COVID-19 or “Post-Acute Sequelae of SARS-CoV-2 infection (PASC),” commonly known as “long COVID.”
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Labor Law Issues with Mandatory Staff Vaccination and Testing.
August 4, 2021
Over the last several days, the issue of mandatory employee vaccinations and testing has risen to the forefront of both local and national discussion.
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Prohibition of Lawsuit Against Parents or Guardians for Unpaid Meal Fees.
August 3, 2021
This memorandum provides information about a recent revision to the state law that prohibits "meal-shaming." The revision was signed into law by Governor Cuomo on July 30, 2021.
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New York's Leaders in the Law 2018
July 9, 2021
This memorandum is to inform you of a recent decision issued by the United State Supreme Court regarding student free speech rights. See Mahanoy Area Sch. Dist. v. B. L. by & through Levy, No. 20-255, 141 S.Ct. 2038 (June 23, 2021). In sum, the Supreme Court held that: (1) public schools may regulate off-campus student speech under certain circumstances; but (2) in this case, the Mahanoy District violated the First Amendment rights of a high school student, B.L., when it suspended her from cheerleading for her vulgar off-campus Snapchat posts. The special interests proffered by the District here did not outweigh the student's interest in free expression.
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New York's Leaders in the Law 2018
June 25, 2021
Frazer & Feldman is proud to announce that we have been recognized in the June 25-July 8, 2018 issue of New York Magazine's Special Section: "New York's Leaders in the Law 2018". The recognition is based on the firm being AV rated by Martindale Hubbell, the highest peer rating for legal and ethical standards and celebrating the achievements of the New York Tri-State area's legal leaders. Please see attached or visit their website at http://nymag.com/nymag/advertorial/leaders/2018/frazer-feldman/.
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Virtual Board Meetings and Remote Notarization Discontinued.
June 24, 2021
Yesterday, Gov. Cuomo announced that the state of emergency for COVID-19 would expire as of today. This morning, the New York State Committee on Open Government orally advised that the expiration of the state of emergency rescinded the provision for virtual board meetings (which Executive Order 202.110 had originally authorized through July 5, 2021); and, that as a result, starting tomorrow (June 25, 2021), school districts must conduct all board meetings in person.
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RAAI! March-April 2021.
June 21, 2021
In this installment of the Attorney's Corner, we review: a decision from the Second Circuit; a federal district court decision from the District Court of New Jersey; a decision from the Office of State Review (“OCR”); a decision from the Office of Civil Rights (“OCR”); and a policy letter from the Student Privacy Policy Office (“SPPO”).
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COBRA Subsidy and New IRS Guidance
June 4, 2021
This memorandum provides new Internal Revenue Service (“IRS”) guidance regarding the recent Consolidated Omnibus Budget Reconciliation Act (“COBRA”) Subsidy that was created by the American Rescue Plan Act of 2021 (“ARPA”).1 The new IRS guidance is attached and available at https://www.irs.gov/pub/irs-drop/n-21-31.pdf.
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IRS-21-31
Budget Re-vote.
May 14, 2021
This memorandum will provide you with the options available to the Board of Education should the budget be defeated by the voters on May 18, 2021. As in previous years, the Board may hold a special meeting (a budget "re-vote"), in which case the Board can present the same or a modified budget to the voters. The procedures for a re-vote are outlined below. Alternatively, the Board may choose to forego a second vote and adopt a contingency budget. The parameters for a contingency budget also follow below.
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School District Election Contact Information.
May 7, 2021
During last year's election, we began the practice of having our attorneys available remotely through Zoom to answer immediate questions and view questionable ballots. We found that it was helpful for all of our clients.
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Client Memo #107 Election Worker Instructions.
May 6, 2021
This memorandum will provide information and instructions for you and your election personnel on election day. You can review or distribute the election worker instructions set forth on the page entitled "Instructions for Election Workers" as is, or modify the document to fit your particular circumstances. In the event of a challenge to the election, the fact that you provided clear and precise instructions to your election workers will go a long way in defending the integrity of the election.
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UPDATE Regarding the April 1 Deadline for Nonpublic, Charter School and Day Care Transportation Applications for 2020-2021 and 2021-2022
May 4, 2021
Please be advised that the notification which follows appeared on the Student Transportation page of the SED website yesterday. Accordingly, districts are now required to honor transportation requests for transportation for the current school year and next school year if they are received no later than May 27, 2021. Needless to say, as the extended deadline approaches, it would be advisable to monitor the website for further developments.
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COBRA Subsidy Forms and Guidance
April 27, 2021
This memorandum provides information about the new subsidy for health insurance coverage under the Consolidated Omnibus Budget Reconciliation Act (“COBRA”) that was created by the American Rescue Plan Act of 2021 (“ARPA”). As you may know, COBRA is a federal law that enables employees to continue their health insurance coverage after their employment ends for qualifying reasons. Between April 1st and September 30, 2021, the federal government will subsidize 100 percent of the monthly COBRA cost for employees who lost their jobs through involuntary termination (other than for gross misconduct) or a reduction in hours.
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Memo #106 - Annual District Election and Budget Vote - Absentee Ballot Legislation
April 27, 2021
This is to inform you of new legislation, S5545, which has been signed by the Governor regarding absentee ballots and school district elections. The legislation provides that during a declared disaster emergency, a voter can apply for an absentee ballot for school district elections due to an epidemic or disease outbreak. The bill is effective immediately and expires in January 2022.
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Client Memo #105 – New DOH Guidance for Proms and Graduations
April 19, 2021
The New York State Department of Health (“DOH”) has recently issued guidance for end-of-year academic and social celebrations, including graduation ceremonies and proms (see attached, “Graduation and Prom Guidance”). While we have provided a brief overview below, we would strongly recommend reviewing the guidance in full due to its extensive requirements.
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Graduation and Prom Guidance
New DOH Guidance on Travel; Schools – Client Memo #104
April 19, 2021
The purpose of this memorandum is to provide several updates about new Department of Health (“DOH”) guidance regarding travel and social distancing in schools.
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New Travel Guidance Apr 2021
Pre-K_to_Grade_12_Schools_MasterGuidance Apr 2021
Client Memo #103 – Travel Advisory Update
March 24, 2021
This memorandum gives an update regarding New York State's COVID-19 Travel Advisory. Effective April 1, 2021, quarantine following domestic travel is no longer required.1However, note that upon return to New York, domestic and international travelers alike must still complete the traveler health form.2 Additionally, regardless of vaccination status and/or past COVID-19 infection, all international travelers must do the following:
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April 1, 2021 Deadline for Private School Transportation Applications
March 19, 2021
You are likely already aware that two Catholic schools in Nassau County—St. Thomas the Apostle in West Hempstead and St. Raymond in East Rockaway—have recently announced that they will cease operations at the end of the current school year. If your school district has any residents who currently attend these schools, we recommend providing a prompt reminder to parents about the April 1, 2021 deadline for requesting transportation to an alternative non-public school.
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Parochial Schl Closure Notification re April 1 Transportation Deadline
Client Memo #102 – New Bill Regarding Leave Time for Obtaining COVID-19 Vaccines
March 11, 2021
This memorandum gives an update regarding a new bill providing leave time for employees to obtain COVID-19 vaccines.
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RAAI! January-February 2021.
February 18, 2021
In this installment of the Attorney's Corner, we review four federal district court decisions. First, we review a decision from the Southern District of New York, which highlights the fact that remote instruction should always be tailored to a student's specific needs. Next, we review a decision from the Eastern District of New York, which holds that student searches must be justified as well as reasonable in scope. We then review another decision from the Southern District of New York, which highlights the importance of the least restrictive environment requirements. We conclude with a Western District of New York decision, which serves as a reminder to reevaluate students prior to declassification.
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2021 School Board Election and Budget Vote – ZOOM Meeting
February 26, 2021
This is to inform you that we will be holding a Zoom Conference on Monday, March 22, 2021 from 10:00 a.m. to 11:30 a.m. The conference will focus on helping school districts handle whatever comes their way this year regarding the 2021 school board election and budget vote.
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Client Memo #101 – Vaccine Reporting Requirements for Teachers
February 25, 2021
This memorandum will bring to your attention a new executive order requiring school districts to file weekly reports with data on teacher vaccination rates.
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Client Memo #100 (REVISED) – Clarification on COVID-19 Testing Mandates for Student Athletes in Nassau County
February 23, 2021
The Nassau County DOH has authorized – but does not require – districts to mandate parental consent for COVID-19 testing for students to participate in sports. Amended guidance from the New York State Education Department (“SED”) has caused confusion regarding whether our Nassau County districts can mandate parental consent for testing. We offer clarification below.
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Client Memo #99 – COVID-19 Testing Mandates, Student Athletes, and Remote Instruction
February 19, 2021
On February 16 and 17, 2021, the New York State Education Department issued guidance on testing mandates, student athletes, and remote instruction. We have summarized the relevant provisions below.
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Updated New York State Department of Health School Guidance - Client Memo #98.
February 5, 2021
As you may recall, in September of 2020, the New York State Department of Health (“DOH”) issued a “toolkit” document setting forth COVID-19 protocols for school districts. This month, the DOH issued an updated version of the document, attached for your reference.
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NYSDOH Pre-K to Gr 12 COVID-19 Toolkit
Gender-Neutral Single-Occupancy Bathrooms Update
February 4, 2021
Effective March 23, 2021, school districts in New York State are required to designate all single-occupancy bathroom facilities as gender-neutral under the new section 409-m of the Education Law.
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Client Memorandum #97 - Extension of Virtual Board Meetings and Remote Notarization
February 1, 2021
This memorandum provides an update regarding virtual board meetings and remote notarization. As you may recall, under Governor Cuomo's Executive Order (“EO”) 202.1, board meetings may take place via live video or teleconference.1 Additionally, under EO 202.7, notarization may occur via live videoconference.
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Client Memo #94 - School Safety Plans and Pandemic Planning
January 22, 2021
This memorandum reminds school districts to update school safety plans by adding provisions for pandemic planning by April 1, 2021. As you may recall, on September 7, 2020, Governor Andrew M. Cuomo signed legislation requiring school districts to update existing school safety plans to cover emergencies involving a communicable disease. On December 3, 2020, the State Education Department (“SED”) issued a guidance memorandum advising school districts of this obligation. 1 This memorandum provides an overview of the changes that must be made to school safety plans and recommends giving notice of such changes to unions by February 4, 2021.
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Client Memo #93 – Q&A on New York COVID-19 Paid Sick Leave Law
January 8, 2021
As you know, the New York COVID-19 Paid Sick Leave Law provides 14 calendar days (i.e., generally 10 workdays) of full paid leave to employees subject to government-ordered quarantine. Set forth below are answers to frequently asked questions.
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Archived Memoranda
Client Memo #92 - Expiration of Families First Coronavirus Response Act
December 23, 2020
As you may recall, the federal Families First Coronavirus Response Act (“FFCRA”) provides paid sick leave to employees during specific COVID-related absences. See Client Memoranda #68; 69; 75; 76; 82; 85; 87. The FFCRA is anticipated to expire on December 31, 2020, which will end mandated federal paid sick leave and paid family and medical leave for public employers.1 This memorandum explains the statutory paid sick leave framework available to employees effective January 1, 2021.
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NY COVID-19 Paid Sick Leave -- Summary Poster from DOL
Obtaining an Order of Quarantine -- Summary Poster from DOL
Revised COVID-19 Paid Sick Leave Request Form
Updates to COVID-19 Micro-Cluster Orange/Red Zone Testing Requirements.
December 7, 2020
As you may recall, school buildings located in yellow, orange, and red micro-cluster zones are subject to certain testing requirements as established by Executive Order and the State Department of Health (“DOH”). See Client Memoranda #89; 90. The State DOH recently announced changes to testing requirements in orange and red zones. See Executive Order 202.79 (Dec. 2, 2020). The relevant guidance is attached for your convenience. To summarize:
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Interim Guidance Travel Advisory
RAAI! September - November 2020.
November 18, 2020
In this installment of the Attorney's Corner, we review a decision from the Second Circuit, two federal district court decisions, and two Q&A documents from the Office of Special Education Programs (“OSEP”) and the Office of Civil Rights (OCR), respectively.
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COVID-19 Micro-Cluster Zone Initiative and Testing Requirements - Memo #89
November 17, 2020
This memorandum provides an overview of Governor Cuomo's new COVID-19 micro-cluster zone initiative and testing requirements. Overview Earlier this fall, Governor Cuomo announced a targeted strategy for combating outbreaks. See Executive Order 202.68 (Oct. 6, 2020). Pursuant to this approach, rather than imposing state-wide restrictions, the local Department of Health (“DOH”) can designate specific areas as COVID-19 hotspots, known as COVID micro-cluster zones.
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Update: Changes to Travel Advisory – Client Memo #88.
November 4, 2020
As you know, when an individual voluntarily travels to a state or country with a high incidence of COVID-19, the individual is required to quarantine for 14 days upon return to New York (“travel advisory”). This memorandum provides an update regarding changes to the travel advisory. This weekend, Governor Cuomo announced that he was retiring the state “quarantine list.” Now, the travel advisory applies to all non-contiguous states (i.e., all states except New Jersey, Pennsylvania, Connecticut, Massachusetts, and Vermont), in addition to countries that the CDC has designated as being at COVID-19-threat level two or three.
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Interim Guidance Travel Advisory
Update: Travel Advisory and Availability of Federal Statutory Paid Leave- Client Memo #87
October 29, 2020
This memorandum provides an update regarding recently-issued guidance from the U.S. Department of Labor (“DOL”) and the availability of federal statutory paid leave during a travel advisory quarantine.1 This memorandum supersedes Client Memoranda #68's and #86's discussion of the Families First Coronavirus Response Act (“FFCRA”) with respect to the travel advisory.
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Preparation for 2021 Annual Election and Budget Vote.
October 27, 2020
The following provides an outline of pertinent election dates for the May 18, 2021 Annual Election and Budget Vote. At this juncture, it is impossible to know what COVID-19 restrictions will be in place in May 2021, and whether the election will be held entirely by absentee ballot, in person, or some unforeseen combination of the two. Accordingly, we will continue to provide updates as they are announced. In the meantime, this memorandum is intended to set forth the important dates that you need to begin your planning.
In accordance with Education Lawl §§2002(1) and 2022(1), your next annual election is scheduled to be held on Tuesday, May 18, 2021, at which time your district's budget for the 2021-2022 school year will be voted on and candidates elected for positions on the Board of Education.
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Travel Advisory, Remote Work, and Availability of Paid Leave - Client Memo #86
October 21, 2020
As the Thanksgiving holiday approaches, several of you have asked about New York's travel advisory and the availability of remote work and paid leave during a quarantine due to out- of-state travel. This memorandum summarizes the relevant laws and considerations.
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Paid Time Off for Voting – November 2020 Election
October 19, 2020
This memorandum provides guidance regarding the status of New York's law on paid time off for voting. As you may recall, Election Law §3-110 provides employees with paid time off to vote. In April 2019, the law was amended to allow time off for voting “without loss of pay for up to three hours.” Employees had to request time off to vote “not less than two working days before the day of the election[.]”1
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Time Off To Vote Notice
Updated Guidance from the DOH; FFCRA and Employer's Share of Social Security Taxes - Memo #85
October 16, 2020
This memorandum provides guidance regarding two separate issues: (1) the State Department of Health's (“DOH”) recently-issued COVID-19 “Pre-K to Gr 12 COVID-19 Toolkit” document and (2) information regarding the Families First Coronavirus Response Act (“FFCRA”) and the employer's share of social security taxes.
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NY State DOH Pre-K to Grade12 COVID-19 Toolkit
Updated Special Education Guidance - Memo #84
October 15, 2020
This memorandum provides guidance regarding a recently-issued Q&A document from the U.S. Department of Education's Office of Special Education and Rehabilitative Services and Office of Special Education Programs (attached). While it reiterates much of the past guidance, we have summarized the document's most salient points for your convenience.
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OSEP and OSERS Q&A
Using Accrued Sick Leave During “Unofficial” Quarantine Periods – Client Memo #83
October 9, 2020
This memorandum provides guidance regarding employees' use of accrued sick leave during COVID-19-related absences not covered by the Families First Coronavirus Response Act (“FFCRA”) or New York COVID-19 Paid Sick Leave.
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New Regulations for the Families First Coronavirus Response Act – Client Memo #82
October 8, 2020
This memorandum provides an update regarding new regulations that implement the Families First Coronavirus Response Act (“FFCRA”) and the Emergency Family and Medical Leave Expansion Act (“Expanded FMLA”).
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Proposed FFCRA
Extension of Virtual Board Meetings and Remote Notarization through November 3, 2020 - Client Memorandum #81
October 5, 2020
This memorandum provides an update regarding the Board's ability to conduct virtual board meetings and to continue using remote notarization. As you may recall, under Governor Cuomo's Executive Order (“EO”) 202.1, public board meetings may take place via live video or teleconference.1 Additionally, under EO 202.7, notarization was authorized via live videoconference. Under recently-issued EO 202.67, virtual board meetings and remote notarization have both now been extended through November 3, 2020. Please feel free to contact our office with any questions or concerns you may have.
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Conflicting Guidance on Return-to-School Protocols – Client Memo #80
September 23, 2020
This memorandum provides clarity in the wake of conflicting guidance regarding the definition of close contact and return-to-school protocols following presumptively positive COVID-19 cases. As many of you are aware, the federal Centers for Disease Control and Prevention (“CDC”), the State Department of Health (“DOH”), and Nassau and Suffolk County DOHs have issued different guidelines on COVID-19.
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Clarification of Client Memo #13 – Calculation of Pay for New York COVID-19 Paid Sick Leave – Client Memo #79
September 11, 2020
This memorandum provides an update about New York COVID-19 Paid Sick Leave. As you may recall, during our Legal Loop and in various past client memoranda, we discussed paid leave statutes for employees unable to work (or telework) for COVID-19-related reasons. The New York COVID-19 Paid Sick Leave statute indicates that districts must provide “fourteen days of paid sick leave . . . at [the] regular rate of pay” to employees subject to governmentordered quarantine/isolation. Districts must provide this paid leave without loss to employees' accrued leave.
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New Legislation to Assist Local Governments with COVID-19 Expenses-Clientmemo#78
Aug28, 2020
This memorandum provides information about important new legislation signed into law by Governor Cuomo earlier this week. The legislation amends the Local Finance Law ("LFN") to assist localities cope with unexpected expenses owing to the COVID-19 pandemic. An overview is set forth below.
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Return-to-School Concerns - Frequently Asked Questions, Part 3 - Client Memo #76.
Aug17, 2020
This memorandum provides additional answers to some of your frequently asked questions on return-to-work issues and issues related to the State Education Department's ("SED") and the Department of Health's (DOH) reopening guidance.
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Invitation to the “Legal Loop” Reopening Edition – Q & A Session
Aug12, 2020
Please join us on Tuesday, August 18, 2020 at 1:30 p.m. for the next Legal Loop: Reopening Edition – Q & A Session. If there are any specific questions or pressing concerns you would like us to cover, please submit the questions by Friday, August 14, 2020 at 2:00 p.m. Please submit your proposed questions to [email protected]. We will conduct this session by videoconference on Zoom. Please see below for log in information: You are invited to a scheduled Zoom meeting.
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Coronavirus Memorandum – Client Memo #75: Court Invalidates Major DOL Regulations Regarding FFCRA Leave
Aug6, 2020
This memorandum provides information about a new court decision that struck down three major federal regulations regarding leave under the Families First Coronavirus Response Act (“FFCRA”). See State of New York vs. United States Department of Labor, 20-CV-3020 (JPO) (August 3, 2020).1 An overview of the leave law and each relevant change is set forth below.
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Coronavirus Memorandum – Client Memo #74: Contractual Termination and Force Majeure Clauses
July31, 2020
As schools prepare to reopen for the 2020-21 school year, many of our clients have asked whether modifications need to be made to their outside vendor contracts in the event of another school closing due to COVID-19. Your business office, technology department, special education directors, athletics program and others generate a significant number of contracts and purchase orders throughout the school year, such as various independent contractor or consultant agreements, software licenses, special education service provider agreements, contracts for professional development services, student workshops, event/trip reservations, athletic meets, and the like.
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RAAI! July 2020.
July 29, 2020
In this installment of the Attorney's Corner, we review a Second Circuit decision, a federal district court decision, a decision from the Office of State Review, a letter from the Office of Special Education Programs (“OSEP”), and a FAQ guidance document from the New York State Education Department.
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SED Guidance on Reopening - Client Memo #72
July 21, 2020
As you know, the State Education Department (“SED”) issued its long-awaited reopening guidance11 late last week. This memorandum provides some additional considerations for reopening.
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Out-of-State Travel - Client Memo #71
July 17, 2020
This memorandum provides guidance on warning employees about travel to COVID-19- affected regions. Governor Cuomo's Executive Order (“EO”) 205 requires non-essential employees returning from states with a high incidence of COVID-19 (i.e., “any state that has a positive COVID-19 test rate higher than 10 per 100,000 residents, or higher than a 10 percent test positivity rate over a seven-day rolling average”) to quarantine for 14 days. The list of states can be found at https://coronavirus.health.ny.gov/covid-19-travel-advisory#restricted-states. Note that the quarantine does not apply to essential workers and individuals who, though the course of travel, merely pass through (i.e., spend less than 24 hours in) an affected state.
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Out-of-State Travel Warning Letter to Employees
New Guidance from the Department of Health on Reopening Schools: Client Memo#70
July 15, 2020
This memorandum provides an alert regarding new guidance from the State Department of Health (“DOH”) on reopening schools.This week, DOH issued three comprehensive guidance documents on reopening schools this fall: • Interim Guidance for In-Person Instruction, available at
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2020 Postponed Election.
July 14, 2020
As you know, on March 30, 2020, Governor Cuomo issued Executive Order #202.13, which suspended the May 19, 2020 annual district election and budget vote subject to further direction. Based on that Executive Order, and the Orders that followed, we provided significant and frequent guidance to our school districts regarding the proper procedures for holding the 2020 School District Election through the second postponed election date of June 16, 2020.
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Return-to-Work Concerns - Clarification of Question #5, Frequently Asked Questions, Part 1. - Client Memo #69
July 9, 2020
This memorandum clarifies the answer to Question#5 of Tuesday's memorandum(Client memo#68), as the original answer did not factor in the interaction of the families first Coronavirus Response Act's ("FFCRA") emergency paid sick leave provisions with the expanded Family and Medical leave Act("FMLA").
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Return-to-Work Concerns - Frequently Asked Questions, Part 1 - Client Memo #68
July 7, 2020
This memorandum provides answers to some of your frequently asked questions on return-to-work issues. As we have received many questions, we expect to issue several follow- up FAQ memoranda in the coming weeks.
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Plans to Provide Meals and Child Care - Update #1 - Client Memo #67
June 26, 2020
On March 17, 2020, we issued a client memo regarding the requirement that plans for the provision of child care for the families of essential workers, and meals to low income students be submitted to SED. (See COVID-19 Client Memorandum, No. 11.).
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Return-to-Work Concerns - Request for Questions - Client Memo #66
June 25, 2020
Over the past few weeks, we have issued client memoranda addressing reopening offices (#60), conducting daily health screenings (#64), and dealing with employees reluctant to return to the workplace (#55).
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Special Education COVID-19 Update - Summer Services - Client Memo #65
June 24, 2020
As you know, Governor Andrew Cuomo recently issued Executive Order 202.37 (“EO 202.37”), which allows districts to offer in-person special education services over the summer. The State Education Department (“SED”) has promulgated updated Q&A guidance documents on the implementation of EO 202.37, as well as on planning for the 2020-2021 school year and offering extended school year (“ESY”) and compensatory education services (attached). This memorandum summaries the most crucial updates.
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SED Special Ed COVID-19 Q&A Supplement #2 - Planning for Services During the 2020-21 Year
SED Special Ed COVID-19 Q&A Supplement #3 - EO 202.37
Daily Health Screenings - Memo #64
June 24, 2020
As district offices reopen, we have gotten questions about conducting newly-required daily health screenings. This follow-up to our original reopening memorandum (#60) summarizes screening requirements and best practices.
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Associate Elected to NCBA Education Law Committee.
June 18, 2020
Frazer & Feldman is proud to announce that our associate, Abigail A. Hoglund-Shen, has been appointed to serve as Vice-Chair of the Nassau County Bar Association's (“NCBA”) Education Law Committee. The NCBA is the largest suburban bar association in the United States. The NCBA boasts a membership of nearly 6,000 private and public attorneys, judges, legal educators and law students. The NCBA is a leading source for legal information and services for the legal profession and local community in Nassau County, Long Island, New York.
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APPR - Client Memo #63
June 16, 2020
This memorandum provides an update regarding Annual Professional Performance Reviews (“APPRs”). Per Education Law §3012-d, districts are required to conduct APPRs for classroom teachers and building principals every year. Normally, if districts fail to do so, they are ineligible for increases to state aid. See id. at (11). However, given the extraordinary circumstances of this year, the State Education Department has acknowledged that conducting APPRs will be “difficult, if not impossible.” Accordingly, under Governor Cuomo's Executive Order (“EO 202.39”), districts will no longer have to fear forfeiting state aid increases for failing to conduct APPRs.
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School District Election Contact Information Client Memo #62.
June 15, 2020
Please be advised that should any questions or problems arise during the election, we will have an open Zoom call beginning at 4:30 p.m. with attorneys from the office available to answer your questions.
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Special Education COVID-19 Update – Summer Services – Client Memo #61
June 12, 2020
As you know, Governor Andrew Cuomo issued an Executive Order (“EO”) which states that schools may choose to offer in-person summer services. His latest press conference indicated that it is left to individual districts to decide whether and how to implement it. The Department of Health (“DOH”) followed with health and safety guidelines for schools to consider, should in-person instruction be offered (enclosed). At this time, additional guidance -- either from SED or the Governor's office -- is expected but none has yet been issued.
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Interim Advisory for In-Person Special Education Services and Instruction
Reopening District Offices – Client Memo #60
June 9, 2020
On June 8, 2020, Governor Cuomo issued Executive Order 202.39 (“EO 202.39”). Under EO 202.39, non-essential employees can return to school district offices two weeks after your region enters Phase 2 of Governor Cuomo's New York Forward reopening plan (i.e., tentatively June 24, 2020 on Long Island).1 This memorandum explains how to get offices ready for reopening.
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Absentee Ballot Extension for the June 9th Adjourned School District Election - Client Memo #59.
June 8, 2020
This memorandum is to alert you to the extension of the absentee ballot deadline for the upcoming school district election and budget vote. You may recall that on May 1, 2020, the Governor's Executive Order #202.26 (“EO”) provided that all voting for the June 9, 2020 adjourned election will be by absentee ballot. Late yesterday, the Governor announced a change in protocol and today, published EO #202.39, which provides that absentee ballots can be counted if they are received in the mail by June 16, 2020.
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Options for Gradation - UPDATE - Client Memo #58
June8, 2020
On May 21, 2020, we issued a client memorandum regarding student graduations. See COVID-19 Client Memorandum No. 53. This follow-up memorandum provides new information and additional legal considerations. First, in a press conference on Sunday, Governor Cuomo announced that socially- distanced graduation ceremonies of 150 or fewer people will be permissible outdoors beginning on June 26, 2020. However, such ceremonies are conditioned upon maintaining certain COVID- 19 metrics as cited by Governor Cuomo (e.g., rate of hospitalizations, etc.) in your region.
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Election Worker Instructions - Client Memo #57
May 29, 2020
This memorandum will provide last minute information and instructions for you and your election personnel. You can read or distribute the election worker instructions set forth below as is, or modify the document to fit your particular circumstances. In the event of a challenge to the election, the fact that you provided clear and precise instructions to your election workers will go a long way in defending the integrity of the election.
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Graduation Notice and Regents Examination- Client Memo #56
May 29, 2020
Please be advised that on May 27, 2020, SED issued a new guidance document placing new responsibilities on school districts concerning student graduation for the 2020-21 school year (attached).
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Regents Examination and Graduation Requirements: Questions Related to COVID-19 Closure
Parental Right to Decline Examination Waivers
RAAI! April, 2020
May 28, 2020
In this installment of the Attorney's Corner, we focus on considerations for school districts during COVID-19-related school closures and summarize state and federal guidance in this quickly-changing area.
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COVID19 and Reluctant Employees – Client Memorandum #55.
May 27, 2020
This memorandum addresses the challenges faced by school districts when employees are reluctant to return to the workplace. It is undeniable that Long Islanders have experienced especially painful and lasting consequences of COVID-19. Many have underlying conditions that continue to pose additional risks to their health. Thus, it is understandable that some employees may be hesitant to return to their assigned school building. However, school districts must continue to carry out their essential obligations at this time and prepare for eventual reopening.
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Additional Information for the June 9th Adjourned School District Election
May 26, 2020
This memorandum will follow-up on our Zoom conference call held on Friday, May 15, 2020. During the call, a few questions were raised, answers to which we indicated would be addressed in written guidance.
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Options for Graduation.
May 21, 2020
June is fast approaching, and districts are contemplating how to conduct graduation ceremonies in the COVID-19 era. The traditional ceremony – with many students and families congregating together – is incompatible with social distancing mandates. However, districts around the country have developed creative and innovative alternatives. This memorandum summarizes the relevant law/executive orders and compiles a list of alternative graduation ideas for your consideration.
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End of the 2019-20 Academic Year – Client Memo #52.
May 20, 2020
Since the onset of the school closure period due to the COVID-19 pandemic, virtually everyone has been asking (with increasing levels of frustration), “When is this school year going to end?”
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The Do's and Don'ts of Campaigning.
May 20, 2020
In anticipation of the upcoming school district election and budget vote, we are providing an overview of how board members and others can – and cannot – participate in the election process.
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School District Election Contact Information
May 19, 2020
Please be advised that should any questions or problems arise during the canvassing and counting of the ballots on election day, our attorneys will continue to be available on June 9, 2020, and as long is necessary, by cellular phone, Facetime or Zoom.
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Reimagining reopening: Ideas for school districts
May 19, 2020
Enclosed please find a copy of the latest article published by Frazer & Feldman, LLP, attorneys Christie R. Jacobson and Abigail Hoglund-Shen. The article is entitled, “Reimagining Reopening: Ideas for School Districts.” It is featured in the May 18, 2020 Edition of On Board, which is the statewide newspaper published by the New York State School Boards Association (“NYSSBA”).
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Article - Reimagining Reopening in NYSSBA Newspaper
Absentee Ballot Voting for the June 9th Adjourned School District Election
May 14, 2020
This memorandum is intended to guide you through the absentee ballot process for the upcoming election. You may recall that on January 16, 2020, we distributed a client memorandum to inform you of an amendment to the New York State Education Law which significantly changed the provisions relating to applications for absentee ballots for school district elections.
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Zoom Q & A: Planning for a Legally Compliant Election - Save the Date Client Memo #48
May 7, 2020
This is to inform you that we will be holding a Zoom Conference on Friday, May 15, 2020 from 10:00 a.m. to 12:00 p.m. The conference will focus on helping school districts handle Governor Cuomo's mandate that the adjourned school board election and budget vote must be conducted by absentee ballot
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Preparing to Reopen Schools: Issues to Think About.
May 5, 2020
Governor Andrew Cuomo has advised communities to reopen cautiously. Reopening without certain safeguards in place could result in a second wave of COVID-19 infections, which happened in Hokkaido, Japan.1 On Friday, Governor Cuomo announced that schools would be closed for the remainder of the school year. As weeks of school closures have turned into months, districts have asked when – and how – schools will reopen. Even if schools could reopen in September, classrooms will be very different. Recent guidance from the Centers for Disease Control and Prevention (“CDC”) recommends that school districts develop, implement, maintain and revise their plans for reopening.2 In Friday's press conference, Governor Cuomo called for
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Special Education COVID-19 Update.
May 5, 2020
On April 27, 2020, New York State's Office of Special Education issued a memorandum entitled “Supplement #1 - Provision of Services to Students with Disabilities During Statewide School Closures Due to Novel Coronavirus (COVID-19) Outbreak in New York State Additional Questions and Answers” (“SED Memo”) (attached). We will examine that memorandum, building on our previous guidance, in an attempt to assist our clients in their continued support of students with disabilities.
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nysed-covid-19-cancellation-august-2020-regents-exams
nysed-covid-19-third-guidance-updated-4-27-20
special-education-supplement-1-covid-qa-memo-4-27-2020
Initial Guidance for the Postponed 2020 Annual Election and Budget Vote.
May 3, 2020
The following provides an outline of pertinent election dates for the adjourned 2020 Annual District Election and Budget Vote, which will be held on June 9, 2020 pursuant to the Governor's Executive Order No. 202.26 (“EO”).
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School Closures and Homeless Students – Client Memo #45.
April 24, 2020
The purpose of this memorandum is to share the attached document, “COVID-19 & Student Homelessness Q&A (“Homelessness Q&A”),” published by New York State Technical and Education Assistance Center for Homeless Students (NYS-TEACHS).
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NYS-TEACHS QA COVID-19 Student Homelessness
Extensions to Deadlines for Special Education Subject Area Certification - Client Memo #44
April 23, 2020
In December 2019, SED announced that special education teachers teaching grade 7-12 special classes (hereafter, “teachers”) must obtain certification in each subject area they teach.1 As described in the attached document, SED has extended the deadlines for this process:
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Attachment - Subject Area Certification Deadline Extension
Special Education COVID Update –Recommendations to Support Children with Autism During the Closure - Client Memo #43
April 17, 2020
Servicing students classified with autism, or those who present with needs similar to those on the spectrum, pose unique challenges that uniquely frustrate the delivery of remote learning opportunities. Below are several recommendations for your staff to consider in order to support this population.
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Special Education COVID Update –Compensatory Education and Record-Keeping Best Practices - Client Memo #42
April 16, 2020
On April 11, 2020 in a webinar arranged by the New York State School Boards Association (“NYSSBA”), the SED representative suggested that compensatory education would be available to address the regression of a student's abilities during the COVID-19 closure of schools. His use of the term regression, a term usually attributed to eligibility for extended school year services (“ESY”), or summer school, in the context of compensatory education has created some uncertainty. This memo provides clarification of what constitutes the standard for compensatory education, and how this remedy differs from regression and the analysis of eligibility for ESY services. The memo also offers suggestions of how the committee on special education (“CSE”) can document its efforts to service students with disabilities during the closure to prepare for forthcoming claims for compensatory education.
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Special Education COVID Update – Evaluations - Client Memo #41
April 14, 2020
On April 11, 2020 in a webinar arranged by the New York State School Boards Association (“NYSSBA”), SED provided guidance concerning how districts must proceed with new referrals to the CSE during the shutdown. We were advised that school districts are expected to move forward with initial eligibility evaluations and reevaluations during school closures unless the district and the family otherwise agree.
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Changes to Graduation Requirements - Client Memo #40.
April 14, 2020
In recognition of the significant disruption to normal instruction as a result of the COVID-19 pandemic, SED has issued two guidance documents describing these changes for the 2019-20 school year. We have summarized a number of significant points below, but we encourage you to review the SED documents in their entirety, as they provide specific guidance regarding a wide variety of issues relating to graduation requirements.
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Attachment #1 - Cancellation of the June 2020 Administration of the New York State (NYS) High School Regents Examination Program in Response to COVID-19 Related School and District Closures
Attachment #2 - Regents Examination and Graduation Requirements_ Questions Related to COVID-19 Closure
Student Registration During the COVID-19 Pandemic – Client Memo #39
April 14, 2020
This memorandum provides guidance for school districts which receive requests to register new students while schools are closed during the COVID-19 pandemic. Typically, individuals seeking to register a new student would visit the school district registration office, complete forms and submit proof of the student's residency and age. However, it is not possible to follow this traditional process while district offices are closed. Set forth below is our recommendation for a modified registration process during this unprecedented period.
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Zoom Security Tips for Online Public Board Meetings and Virtual Meetings/Classrooms - Client Memo #38
April 8, 2020
Online platforms such as Zoom have been instrumental in allowing school districts to meet their distance learning obligations and for boards of education to conduct their meetings remotely in compliance with the modifications to the Open Meetings Law. A recent spate of negative headlines has, however, understandably raised concerns about the security of such platforms. The FBI has issued a warning about incidents of what has been termed, “Zoom- bombing,” in which hackers have targeted and interrupted video teleconferences, online meetings of public bodies and online class discussions that were not properly secured.
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Tips to Hold A Secure Zoom Meeting
Student Mental Health - Client Memo #37
April 8, 2020
As districts and nonessential businesses remain closed, families are feeling increasingly weary, isolated, and stressed. Children in general and special education settings alike are exposed to these closure-related stressors as they relate to school and home life. Students with special needs – and their families – are especially sensitive to these changes. Accordingly, to minimize the impact of these inevitable disruptions and to ensure that students can access remote learning to the greatest extent possible, we recommend that districts proactively address mental health concerns.
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Emergency Regulations on Special Education – Initial Eligibility, Reevaluations, and Bilingual Education - Client Memo #36
April 7, 2020
On April 4, 2020, SED issued a series of proposed emergency regulations1 for the Board of Regents consideration addressing the Coronavirus pandemic. A number of these changes, discussed below, directly affect the delivery of special education services by Committees on Special Education (“CSE”). These emergency rules are effective as of April 7, 2020.
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Student Discipline During COVID-19 Pandemic - Client Memo #35
April 7, 2020
This memorandum is to remind school Districts that, although school buildings may be closed during the COVID-19 pandemic, the District's Code of Conduct and its expectations regarding off-campus conduct continue to apply to all distance learning activities. Now more than ever, appropriate student behavior is crucial to allow students to participate in and benefit from distance learning activities. As teachers navigate the use of new distance learning technologies, instructional control is an essential part of this process.
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Student Discipline COVID19 Reminder Letter
Emergency Amendments to the Commissioner's Regulations Affecting School Districts Client Memo #34
April 7, 2020
On April 6, 2020, the Board of Regents adopted emergency regulations in response to the COVID-19 pandemic an the recent extended school closure. The State Education Department (“SED”) adopted extensive regulations to address the issues faced by school districts, institutions of higher learning, educators, students and professionals resulting from the COVID-19 crisis.
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COVID-19 Response Presentation
COVID-19 Emergency Regulations
04-04-20 regentsbra6
Legal Loop: Coronavirus Edition - April 8, 2020 -- AGENDA
April 8, 2020
Please join us on Wednesday, April 8, 2020 at 3:30 p.m. for the next Legal Loop: Coronavirus Edition. We will review the current status of special education services during the COVID-19 closures, review SED and U.S. DOE guidance, discuss how to address current parent requests for compensatory services, best practices for providing IEP services and supports to provide FAPE and potentially limit compensatory claims, flag issues relating to annual reviews in the current climate, and be available to answer your questions. We will conduct this session by videoconference on Zoom. Please see below for log in information.
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Agenda April 8, 2020
Important Pension Information for Employees with Coronavirus - Client Memo #33
April 6, 2020
It goes without saying that everyone in the nation has had their lives turned upside down as a result of the COVID -19 pandemic. Certainly those most grievously affected are those who are, or have loved ones, infected with this unpredictable and often fast-acting virus. In light of that, the New York State Employees Retirement System (“ERS”) has notified public employers of information that may be critical for employees who are at risk of succumbing to coronavirus.
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Compensation for Hourly Employees - Client Memo #32
April 6, 2020
Among the many pressing issues facing school districts during this period of emergency school closure are questions about compensation for hourly employees who, due to the nature of their jobs, are not performing any duties. This may include monitors, security aides, and other workers whose duties depend on schools being fully functional.
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Distance Learning and FERPA – Guidance for Teachers – Client Memo #31
April 3, 2020
This memorandum provides guidance to help address concerns about student privacy rights while engaging in distance learning activities. For the next few weeks at least, districts will be engaging with students remotely using various forms of videoconferencing services (e.g., Zoom and Google Hangouts) and other interactive platforms. As we have previously noted, the Student Privacy Policy Office of the U.S. Department of Education (“DOE”) has advised that:
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FEMA Relief for School Districts - Client Memo #30
April 3, 2020
This is to alert you to a revenue source that is available to you under the federal agency FEMA. Public school districts may be eligible for reimbursement of certain expenses related to COVID-19. FEMA will be providing some relief for those expenses directly related to the current pandemic.
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School Bus Transportation Contract Payments During the COVID-19 School Closure - Client Memo #29
April 2, 2020
Districts which provide student transportation via third party vendor contracts have asked whether they are required, or even permitted, to pay their contractor(s) during the current school closure. Unfortunately, as of this writing, there has been no definitive guidance from the State Education Department (“SED”) and/or the Governor's office on the issue.
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Special Education COVID Update- Client Memo #28
April 1, 2020
This memorandum provides an update to address multiple special education topics which are relevant due to the recent school closures.
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Invitation to the "Legal Loop" Coronavirus Edition
April 1, 2020
Please join us on Wednesday, April 8, 2020 at 3:30 p.m. for the next Legal Loop: Coronavirus Edition. We will review the current status of special education services during the COVID-19 closures, review SED and U.S. DOE guidance, discuss how to address current parent requests for compensatory services, best practices for providing IEP services and supports to provide FAPE and potentially limit compensatory claims, flag issues relating to annual reviews in the current climate, and be available to answer your questions. We will conduct this session by videoconference on Zoom. Please see below for log in information.
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Required Postings - Client Memo #27
April 1, 2020
This is to provide guidance regarding requirements under the federal Families First Coronavirus Response Act (“FFCRA”) related to the posting of notices in the workplace.
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Continuity of Instruction During Spring Break – Client Memo #26
April 1, 2020
On March 27, 2020, Governor Cuomo issued Executive Order 202.11 (“Order”) directing school districts to remain closed until April 15, 2020.1 The Order directed districts to “continue plans for alternative instructional options, distribution and availability of meals, and child care” during this time. On March 30, 2020, the State Education Department (“SED”) clarified that districts must continue to “provide remote instruction for students, meals for students, and child care for essential workers every weekday between April 1, 2020 and April 14, 2020, even if the district is scheduled to be on spring break during that time” (emphasis added).2
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Change in Date for School District Elections and Budget Votes - Client Memo #25
March 31, 2020
This is to provide a brief update regarding the March 30, 2020 Executive Order issued by Governor Cuomo, Executive Order #202.13, which suspends the May 19, 2020 annual district election.
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Coronavirus Memorandum – Client Memo #24: School Construction Projects.
March 30, 2020
In light of the Governor's recent executive order halting all non-essential construction work, a number of our school district clients have asked whether they may proceed with their existing or pending construction projects during the COVID-19 outbreak. We have received the following clarification from the Governor's Deputy Secretary for Education:
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Recent Executive Order Changes to Transportation - Client Memo #23.
March 30, 2020
This memorandum provides an update to address the Governor's extension of the April 1st deadline for a parent to request district-provided transportation to a non-public school located within 15 miles of the parent's residence.
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SCOPE Child Care Contracts - Client Memo #22.
March 27, 2020
As many of you are aware, our office has been working SCOPE Education Services to set up emergency child care services for your school districts, either as hosting or sending districts. SCOPE has circulated the following template contracts (attached hereto) for that purpose, and we are advising our clients to utilize them, for the sake of consistency and expediency:
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SCOPE Emergency Childcare Program_Host
SCOPE Emergency Childcare Program_IMA
SCOPE Emergency Childcare Program_Sending District
Competitive Bidding During the Coronavirus Pandemic - Client Memo #21.
March 27, 2020
Many of our districts are contemplating soliciting bids to undertake public work and/or purchase goods. This memorandum is intended to provide suggestions for consideration and best practices to utilize in upcoming bid solicitations. If your district presently has a bid solicitation pending, review of the following may prompt you to issue an appropriate addendum and amended legal notice.
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Data Security and Privacy Rules and Regulations - Client Memo #20.
March 27, 2020
In light of the COVID-19 pandemic, we believe it is important to remind you of the recent amendment to the Commissioner's Regulations which enacted new rules and requirements surrounding the implementation of New York Education Law §2-d. That statute is designed to protect personally identifiable information contained in student education records and teacher and principal evaluations, and to guard against the unauthorized release or use of such data by third party contractors. The new regulations, codified as Part 121 of the Regulations of the Commissioner of Education, set forth more specific rules and requirements as to how school districts must implement data privacy and security protections when contracting for services with outside service providers and contractors.
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FFEDLAW Template - Data Privacy and Security Plan Agreement 2020 with Attachments
NYSSBA Sample Policy 5500 Mar.2020
NYSSBA Sample Policy 8635 Mar.2020
Coronavirus Memorandum - Senate Stimulus Bill and School Districts - Client Memo #19.
March 27, 2020
On March 25, 2020, the Senate unanimously passed a $2 trillion stimulus package to provide relief during the COVID-19 pandemic. Today, the House of Representatives plans to vote on the bill, which is expected to pass; President Trump has indicated he will sign it. As you may know, the bill provides, among other items, cash payments to individuals and loans for small businesses. Here, we describe the appropriations relevant to school districts.
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Coaches' and Club Moderator Stipends; Premium Pay – Client Memo #18.
March 26, 2020
This memorandum will provide some guidance regarding compensation for employees who receive stipends for such things as coaching, moderating student clubs, etc. Additionally, we have received numerous inquiries from our clients regarding various employee groups seeking compensation above their regular rate of pay (“premium pay”). At the moment, there is no state guidance on these issues, and there's a good chance that none will be forthcoming. Accordingly, the following advice is based on our best judgment (and common sense).
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Coronavirus Memorandum: Updated Guidance on FERPA - Client Memo #17.
March 25, 2020
The Student Privacy Policy Office of the U.S. Department of Education has issued guidance documents on the release of student education records during the COVID-19 pandemic (FERPA & Coronavirus Disease 2019 (COVID-19) Frequently Asked Questions, “Attachment #1” and FERPA and Virtual Learning Related Resources, “Attachment #2”). Below is a summary of the guidance.
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FERPA Memo Attachment 1 - FERPA and Coronavirus Frequently Asked Questions
FERPA Memo Attachment 2 - FERPA and Virtual Learning Resources
Open Meetings Law Changes During the COVID-19 Pandemic - Client Memo #16.
March 24, 2020
This update provides guidance to Boards of Education regarding how to hold public meetings and work sessions during school closures. As you are probably aware, the Open Meeting Law, the portion of the New York State Public Officer's Law that addresses participation and attendance at public meetings, was been suspended effective March 7, 2020, through Executive action of the Governor.
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Special Education COVID 19 FAQ - Client Memo #15.
March 23, 2020
We have attached a sample letter for your use in communicating with parents of students with special needs. This letter describes the manner in which services and supports recommended under either an individualized education program (“IEP”) or Section 504 plan will be provided during the COVID-19 outbreak. This information we are providing includes the recent guidance from the Office of Special Education and Rehabilitative Services and the Office for Civil Rights issued on March 21, 2020, entitled “Supplemental Fact Sheet Addressing the Risk of COVID-19 in Preschool, Elementary and Secondary Schools While Serving Children with Disabilities (120 LRP 10623).
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Final Template Q and A FINAL
Sick Leave Requirements Related to COVID-19 - Client Memo #13.
March 19, 2020
This memorandum provides information about the newly adopted sick leave requirements for employees affected by mandatory COVID-19 quarantines.
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Suspension of Rules for Procuring Cleaning & Maintenance Products and Services Client Memo #12.
March 17, 2020
We have received a number of questions from school business officials regarding their ability to purchase necessary cleaning products, equipment and services in a timely manner without competitive bidding in order to combat the spread of COVID-19 ("coronavirus") and to properly clean and maintain school buildings and facilities. It has become increasingly difficult to locate and purchase such cleaning products and services and it appears their availability will only worsen. In light of these difficulties, we are providing the following relevant information and guidance to assist school districts who need to take immediate action to address these concerns.
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resolution declaring a public emergency pursuant to gen mun law 103(4)
PLANS DUE AT MIDNIGHT TONIGHT – Alternative Instructional Options, Meals, Childcare Client Memo #11.
March 17, 2020
As you may be aware, last night Governor Cuomo issued Executive Order 202.4 (copy enclosed) which requires your immediate attention. Specifically, the order requires that all school districts submit a plan for providing alternative instructional options, distribution and availability of meals for students eligible for free or reduced meals, and "child care, with an emphasis on serving children of parents in the health care profession or first responders who are critical to the response effort."
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EO 202.4
COVID-19 and Related Labor Issues Client Memo #10.
March 13, 2020
The COVID-19 ("coronavirus") health crisis has raised a number of labor issues for all employers, including school districts. Unfortunately, there are a number of issues for which there is currently no definitive guidance, but we would like to provide you with a list of frequently asked questions from our clients and identify particular items which need to be taken into consideration when dealing with these issues.
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Coronavirus: New Guidance from SED Regarding Continuity of Meal Programs Client Memo #9.
March 12, 2020
This memorandum provides an update regarding a new FAQ document and memorandum from the New York State Education Department ("SED") regarding continuity of meal programs (i.e., free and reduced lunch) during school closures due to the novel coronavirus (a.k.a. COVID-19, "coronavirus"). We encourage you to review these documents in their entirety.
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CN Covid-19 Application
CN FAQ Covid-19
CN Memo Covid-19
Coronavirus: New Guidance from the CDC, DOH, and SED Client Memo#8.
March 10, 2020
This memorandum provides an update regarding new guidance from the New York State Department of Health ("DOH") and the New York State Education Department ("SED") regarding the novel coronavirus (a.k.a. COVID-19, "coronavirus").
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Coronavirus Guidance Release 3-9-20 FINAL
covid-19-p-12-school-guidance (002)
Coronavirus: New Guidance from the CDC, DOH, and SED Client Memo #7.
March 09, 2020
This memorandum provides an update regarding recently-issued guidance from the Centers for Disease Control and Prevention ("CDC"), the New York State Department of Health ("DOH"), and the New York State Education Department ("SED") regarding the novel coronavirus COVID-19, "coronavirus"). We will summarize the key elements.
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DOH Cleaning Guidance for Schools
FAQs for K-12 Schools and Childcare Program Administrators Coronavirus Disease-2019 (COVID-19)
Schools and Childcare Programs Checklist_CDC
Coronavirus: Addressing the Needs of Children with Disabilities Client Memo #6.
March 09, 2020
The U.S. Department of Education has indicated to Congress that it expects to release guidance materials about providing services to students with disabilities during the coronavirus (COVID-19) outbreak. The most recent guidance, issued in 2009, from the Department of Education addressed the H1N1 flu virus. Secretary Betsy DeVos has indicated little that is expected to change from the prior guidance. Therefore, and until guidance to the contrary is issued, school districts should take the following steps to ensure students with disabilities continue to have access to services, whether due to an extended illness related to COVID-19, or in the event schools close in response to the virus.
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Military Ballot Voting in School District Meetings and Elections.
March 04, 2020
This memorandum is to inform you of an update to the New York State Education Law regarding absentee voting for military personnel in school district elections.
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SED Memomilitary Ballots
Military Ballot Voting in School District Meetings and Elections - Updated.
March 04, 2020
This memorandum is to inform you of an update to the New York State Education Law regarding absentee voting for military personnel in school district elections.
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SED Memomilitary Ballots
Coronavirus: New Guidance for Schools from the CDC Client Memo #5.
February 28, 2020
This memorandum provides an update to yesterday's memorandum regarding recently-issued guidance from the Centers for Disease Control and Prevention ("CDC") about the novel coronavirus (a.k.a. COVID-19, "coronavirus").
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Interim Guidance for Childcare Programs and K-12 Schools _ CDC
Coronavirus: New and Forthcoming Guidance from the CDC Client Memo #4.
February 27, 2020
This memorandum provides an update regarding recently-issued guidance from the Centers for Disease Control and Prevention ("CDC") regarding the novel coronavirus (a.k.a. COVID-19, "coronavirus"). As many of you are aware, the coronavirus has begun to spread from its initial outbreak in Wuhan, China to various parts of the world, including South Korea, Japan, Italy, and Iran.
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CDC Guidance for Businesses.pdf
CDC Risk Assessment Guidance
Change in Law: Salary History Inquiries Now Prohibited.
February 11, 2020
This memorandum provides an overview of a new law prohibiting salary history inquiries. Pursuant to recently enacted Labor Law § 194-a, employers are no longer permitted to ask job applicants and current employees about past salaries (with certain limited exceptions').
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Salary History Ban
Coronavirus: Updated Guidance from Webinar Client Memo #3
February 07, 2020
This memorandum provides an update to yesterday's memorandum regarding students and staff who have recently traveled to areas affected by the novel coronavirus ("coronavirus"). Today at 3:00 p.m., the State Department of Health ("DOH") and the State Education Department ("SED") held a webinar to provide additional guidance for districts. While the link is not yet available, the webinar will be posted online. Much of the webinar's content mirrored earlier guidance. However, there were two additional points of clarification:
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Coronavirus: Updated Guidance Client Memo #2
February 06, 2020
This memorandum provides guidance regarding students and staff who have recently traveled to areas affected by the novel coronavirus ("coronavirus"). The Department of Health ("DOH") and the State Education Department ("SED") have issued a guidance document as well as a letter for parents (enclosed). We encourage you to review each document carefully.
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NYSDOH-NYSED Coronavirus
Coronovirus Parent Letter
Coronavirus Guidance Client Memo #1.
February 03, 2020
This memorandum provides guidance regarding students who have recently traveled to areas affected by the coronavirus. While neither the Centers for Disease Control and Prevention ("CDC") nor State agencies have issued official guidance for schools to date, a guidance document from the Department of Health ("DOH") and the State Education Department ("SED") is forthcoming. We will provide it as soon as it is available.
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2019-nCoV: What the Public Should Do
Absentee Ballot Voting in School District Meetings and Elections – Updated.
January 28, 2020
This memorandum is to inform you of another recent change to the New York State Education Law which adds a provision to the Education Law regarding absentee voting for military personnel in school district elections.
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Military Voting Statute
Recent Changes to Property Tax Cap Regulations.
January 23, 2020
This memorandum is to inform you of a recent amendment to the Regulations of the New York State Commissioner of Tax and Finance which affects the New York State Education Law and a school district's calculation of its tax cap levy for the 2020-2021 budget.
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Property Tax Cap SED Final
New Federal Guidance: Constitutionally-Protected Prayer and Religious Expression in Public Schools
January 22, 2020
This memorandum provides an overview of new guidance (enclosed) from the U.S. Department of Education ("DOE") regarding constitutionally-protected prayer and religious expression in public schools ("January 16, 2020 DOE Guidance"), The First Amendment of the U.S. Constitution requires school districts to show neutrality towards prayer and other forms of religious expression. The January 16, 2020 DOE Guidance summarizes school districts' responsibilities under the Elementary and Secondary Education Act of 1965 ("ESEA"), as amended by the Every Student Succeeds Act ("ESSA"), and demonstrates the application of the First Amendment and the Equal Access Act.
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Federal Guidance re Constitutionally Protected Prayer and Religious Expression
New Certification Requirements for Special Class Subject Area Teachers in Grades 7-12.
January 17, 2020
This memorandum provides an overview of new guidance from the New York State Education Department ("NYSED") regarding special education teacher certification (enclosed as Attachment #1). As you know, all special education teachers teaching special classes (i.e., self-contained classes; e.g., 12:1:1, 8:1:2, 6:1:2) in grades 7-12 must possess special education certification. Effective July 1, 2020, special education teachers who teach special classes in grades 7-12 must also be certified in each subject area they teach.' There are four options to satisfy this requirement, which are set forth below.
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Attachment 1 - NYSED Memo
Attachment 2 - Verification of Paid Experience Form
Attachment 3 - Special Class Verification of Paid Experience Form
Attachment 4 - HOUSSE Rubric
Absentee Ballot Voting in School District Meetings and Elections
January 16, 2020
This memorandum is to inform you of a recent amendment to the New York State Education Law which significantly changes the provisions relating to applications for absentee ballots for school district elections.
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New Mandatory Policy: Student Voter Pre-Registration/Registration.
December 23, 2019
This memorandum provides an overview of a new law that requires school boards to adopt a policy promoting student voter pre-registration/registration. The law's purpose is to enable and encourage voter pre-registration of 16 and 17 year olds. The law takes effect in January 2020.
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Model Policy: Student Voter Pre-Registration and Registration
New York Magazine - New York's 2019 Top Rated Lawyers.
December 17, 2019
Frazer & Feldman is proud to announce that Florence and Jack have been recognized in the December issue of New York Magazine (Best of New York Issue) as New York's Top Rated Lawyers of 2019. The recognition features attorneys who have demonstrated leadership qualities and have achieved AV Preeminent ratings by Martindale-Hubbell® in legal ability and ethical standards.
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UPDATE: Lawsuit Challenging Repeal of Religious Exemption Dismissed.
December 10, 2019
This memorandum provides an update to memoranda (July 2019) in which we advised of immunization-related litigation in Albany County, Supreme Court. As you may recall, 55 families had challenged the repeal of the religious exemption to immunization requirements.
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NY Law Journal - Albany Judge Rejects Challenge to NY Law Ending Religious Exemption for Vaccines
UPDATE: Tackle Football Programs and Concussion Informational Packets for Parents.
December 3, 2019
This memorandum provides an update to our memorandum dated September 11, 2019 in which we advised that school districts which have "tackle football programs"1 must distribute informational packets about concussions to parents ("concussion packets"). The law charged the New York State Department of Health with developing the materials for the concussion packets. Although the law took effect on December 2, 2019, the Department of Health only promulgated the required materials on November 29, 2019 (available at https://www.health.ny.gov/prevention/injury_prevention/concussion.htm).
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Concussion INFORMATION SHEET
TBI factsheets parents 508-a
Annual District Election and Budget Vote Seminar - Save the Date.
December 3, 2019
This is to inform you that we will be holding our annual seminar on School District Elections for all Superintendents, Administrators, Board of Education members and District Clerks who would like to attend. Topics to be covered will include pertinent dates for the 2020 annual district election, legal notice requirements, submission of propositions, voter qualifications, absentee and affidavit ballots, campaigning and electioneering, budget issues, recent Commissioner's decisions and other quirky election-related items. We will also discuss any updates on the Department of Justice's investigation related to the federal Voting Rights Act, which requires that school districts provide election documents in Spanish as well as in English.
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Paid Time Off for Voting - Part II.
October 25, 2019
On May 1, 2019, we sent out a client memo which provided information bout recent amendments to the New York State Election Law requiring employers to provide all employees, including teachers, with paid time off to vote. This memorandum provides additional information regarding that law.
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Important New Guidance – Repeal of Religious Exemption to Immunization Requirement.
October 11, 2019
As you know, on June 13, 2019, Governor Andrew M. Cuomo signed legislation that eliminated non-medical (i.e., religious) exemptions from school vaccination requirements for children. In the past months, we disseminated memoranda' which provided information and guidance on the application of this significant change to the Public Health Law. See Chapter 35 of the N.Y. Laws of 2019 (S.2994A/A.2371).
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DOH State Education Department Additional FAQ re School Vaccination Requirements
Red Flag Law.
September 27, 2019
This memorandum is to advise you about New York's recently enacted "red flag" law. The purpose of the new law is to allow a law enforcement officer, family member, or school administrator to file a petition against a threatening individual to remove firearms in his/her possession. The law took effect on August 24, 2019. One important feature to remember about this law is that a petitioner is not required to take action. This is an option to take under appropriate circumstances.
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Preparation for 2020 Annual Election and Budget Vote.
September 19, 2019
The following provides an outline of pertinent election dates for the May 19, 2020 Annual Election and Budget Vote. Our annual election workshop will take place in mid January, at which time we will address all elements of the school district election process and review the latest Commissioner's decisions. We will notify you of the date and time of the workshop in early December.
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Four New Lawsuits Seeking to Reinstate Religious Exemption to Immunization Requirements.
September 18, 2019
This memorandum is to advise you of four new lawsuits, two in Nassau County and two in Suffolk County, challenging the repeal of the religious exemption to immunization requirements.' None of these lawsuits were commenced against school districts; in each case, the defendants involve the State of New York and/or State-related entities and agencies (i.e., the Governor, the Attorney General, the Department of Health, etc.). If any of these suits are successful, it would allow families once again to claim religious exemptions to immunization requirements. However, at the current time, nothing has changed with respect to school districts' obligations to exclude students who do not receive the requisite vaccinations.
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2019 Women Leaders in Law.
September 13, 2019
Frazer & Feldman is proud to announce that Florence T. Frazer, Laura A. Ferrugiari and Christie R. Jacobson have been recognized in the September, 2019 issue of the New York Law Journal and New York Magazine as AV rated Women Leaders in Law. The recognition is based on and celebrating the achievements of the New York Tri-State area's legal leaders.
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Invitation to the “Legal Loop”.
September 12, 2019
Please join us on November 14, 2019 and January 21,2020, for the next meetings of the Legal Loop.
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Immunization-Related FAQs.
September 11, 2019
We have received numerous questions regarding the recent changes to the immunuzation laws. This momorandum is to advise you of several frequently asked questions and our responses to each.
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Tackle Football Programs: Concussion Informational Packets for Parents.
September 11, 2019
This memorandum is to advise you of a new law requiring "tackle football programs" to distribute informational packets about concussions to parents.The purpose of the new law is to provide parents with more information about the risk of injury involved in tackle football programs. The Law takes effect on December 2, 2019.
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Press Release
Immunization-Related Exclusion Letters.
September 9, 2019
As a follow-up to our memorandum deated Auguest 23,2019 detailing a school district's obligations in the case of an immunization-related student exclusion, w have drafted letters(enclosed) to go out to parents and the local county Department of Health should an exclusion occur.
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Required Immunizations Chart 2019-20
Exclusion Letter - to Parents_Nassau County
Exclusion Letter - to Dep't of Health_Nassau County
Second Lawsuit Seeking to Reinstate Religious Exemption to Immunization Requirement.
August 1, 2019
This memorandum is to advise you of a second lawsuit challenging the repeal of the religious exemption to immunization requirements, this time, on behalf of students with disabilities. At the current time, nothing has changed with respect to your obligations to exclude students who do not receive requisite vaccinations. However, we want to keep you apprised of the pending litigation around this matter.
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Courtroom News Service
TRO Seeking to Reinstate Religious Exemption to Immunization Requirement Unsuccessful.
July 12, 2019
This memorandum is to provide an update regarding the lawsuit challenging the repeal of the religious exemption to immunization requirements.
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New York journal article
Lawsuit Seeking to Reinstate Religious Exemption to Immunization Requirement.
July 11, 2019
This memorandum is to advise of a new lawsuit challenging the repeal of the religious exemption to immunization requirements. If successful, the suit would allow families once again to claim religious exemptions immunization requirements. However, nothing has changed at the current time with respect to school districts' obligations to exclude students who do not receive requisite vaccinations.
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New York journal article
Alternate Assessments
June 18, 2019
This memorandum is to advise you of recently issued guidance from the New York State Education Department ("NYSED") regarding alternate assessments. While such assessments are not new, NYSED has provided new tools for Committees on Special Education ("CSEs") to use while making eligibility determinations and has updated requirements regarding parental notification.
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Eligibility and Participation Criteria - NYSAA
Eligibility Criteria for Participation in the New York State Alternate Assessment (NYSAA)
Commissioner's Regulations on School Counseling.
May 29, 2019
This memorandum is to remind you of the need to begin implementation of amendments issued by the Commissioner of Education and adopted by the Board of Regents Concerning school counseling/guidance counseling services.
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March 2016 Guidance Document SED
March 2019 Guidance Memo and Chart
May 2017 Memo to Bdvof Regents
Homeless Students and Summer Services.
May 28, 2019
This memorandum is to advise you of a recent document issued by the Office of Accountability for the New York State Education Department ("SED"), regarding the provision of summer services for homeless students. See May 17, 2019 SED Memorandum entitled, "McKinney-Vento Summer School Information," attached. SED has reissued the memorandum to remind school districts of their obligation regarding summer services for homeless children.
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2019 Summer School MV Memo
Update - U.S. Department of Justice May 21, 2019 Election Monitoring at Nassau and Suffolk County School District Elections.
May 21, 2019
As you are aware, Section 203 of the federal Voting Rights Act (VRA) requires that school districts in Nassau and Suffolk Counties provide information related to school district elections and budget votes in English and Spanish. That stature also requires translation of materials at that election site. This covers not only the ballat, but all election information such as sample ballots and instructional forms through the actual casting of the ballot, and the questions that commonly are asked at the polling place.
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Budget Re-vote.
May 14, 2019.
This memorandum will provide you with the options available to the Board of Education should be budget be defeated by voters on May 21,2019. As in previous years, the Board may hold a special meeting (a budget "re-vote"), in which case the Board can present the same or a modified budget to the voters. The procedures for a re-vote are outlined below. Alternatively, the Board may choose to forego a second vote and adopt a contingency budget. The parameters for a contingency budget also follow below.
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Paid Time Off for Voting.
May 01, 2019.
This memorandum provides information about recent amendments to the existing law that requires employers to provide all employees, including teachers, with paid time of to vote.
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Updated APPR Laws.
April 25, 2019.
As you may recall, in 2015, the State created a new Annual Professional Performance Review (“APPR”) system for teachers and principals that required State-created or administered assessments to be a factor in determining a teacher or principal's effectiveness. Since that time, this new APPR system has not been widely accepted, has created many disparities, and may even have strengthened the “opt out” movement.
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FOIL Request from Data Research Partners.
April 11, 2019.
We are writing in response to the numerous Freedom of Information Law (“FOIL”) requests that clients have received seeking names and addresses of school district employees. This memorandum reviews the obligation of school districts to respond to such requests seeking lists of names and addresses. Recently, several school district clients have received such a request from an entity known as “Data Research Partners” (“DRP”) seeking the names, email addresses, titles and “primary campus/department” locations of school district employees.
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Model Non-Solicitation-fundraising Affidavit
Latest Legal Publication.
April 10, 2019.
Enclosed is a copy of the latest article published by Frazer & Feldman, LLP, partner Christie R. Jacobson, Esq. This article is entitled, “Principals Must Make Legal Distinctions on Religious Exemptions to Immunization.” It is featured in the April 2019 edition of On Board, the statewide newspaper published by the New York State School Boards Association (“NYSSBA”).
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Sample Board Resolution for Establishing TRS sub-fund
TRS Reserve Fund.
April 4, 2019.
The 2020 New York State Budget that was recently adopted on March 31, 2019, includes the long sought-after authorization for school districts to create TRS reserve funds. School districts may now establish a “TRS reserve sub-fund” within their existing retirement contribution reserve fund for purposes of financing contributions to the New York State Teachers' Retirement System, subject to specified annual and overall limits. This new authorization is effective April 1, 2019, subject to the Governor's veto 1 , and, thus, we urge you to promptly determine whether your district wishes to take advantage of the new TRS reserve fund rules prior to the close of the current fiscal school year. The parameters of the new reserve authorization are detailed below.
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Sample Board Resolution for Establishing TRS sub-fund
DOJ Conference Call Results
March 5, 2019.
The purpose of this memorandom is to hsare the results of a conference call in which I participated yesterday afternoon, together with Neil Block, an attorney from Ingerman Smith, and Michael Goldberger, Kaycee Sullivan, Megan Freismuth, and Rachel Evans, attorneys with the Department of Justice ("DOJ"). The purpose of the call was to discuss the content of my February 11,2019 letter to the DOJ arguing that school districts are political subdivisions under Section 203 of the Voting Rights Act ("VRA"), not political units within political subdivisions.
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Decision of the Commissioner of Education Regarding Capital Propositions.
March 1, 2019.
This memorandum provides information about a recent decision from the Commissioner of Education ("Commissioner") which reiterates the fact that propositions that are placed on the ballot must be accurate and unambiguous in order to ascertain the intent of the voters.
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Decision No. 17587
Recent Federal Guidance on FERPA.
February 28, 2019.
This memorandum provides information on recently issued federal guidance regarding the application of the Family Education Rights and Privacy Act ("FERPA") to health or safety emergencies faced by school districts.
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SRO FAQs
Children in Foster Care.
January 22, 2019.
This memorandum provides information about recent state laws that are designed to help ensure educational continuity for children in foster care. See Education Law §§3244, §3202(4) and Social Services Law § 153-k. The legal changes bring State law into compliance with Title I, Part A of the Elementary and Secondary Education Act of 1965 ("ESEA"), as amended by the Every Student Succeeds Act ("ESSA") of 2015. These laws set forth school district obligations with regard to the education and transportation of children in foster care.
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2019 School District Elections
January 17, 2019.
On January 16, 2019, we held our annual seminar on School District Elections for our clients. Twenty five school district clerks, board members and business officials attended. In addition to covering pertinent dates for the upcoming 2019 annual district election, we discussed in detail the federal Voting Rights Act, which requires that school districts provide registration or voting notices, forms, instructions, assistance, ballots or other materials or information related to an election in Spanish as well as in English. A spirited discussion was held among our attorneys and clients as we brainstormed a school district's various duties and responsibilities involved in conducting the budget vote and school board election. For those of you who were not able to attend, we are attaching the handouts from the seminar. As always, if you have any questions, please feel free to contact us.
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2019 School District Elections
January 16, 2019.
As you are aware, the U.S. Department of Justice ("DOJ") has not yet issued finding of guidance regarding their investigation related to school district compliance with Section 203 of the Voting Rights Act ("VRA"). School districts in Nassau and Suffolk Counties were notifed of the DOJ's investigation on or about June 28,2018, when school districts received letters requesting information form the last annual election and budget vote. Through the letter, the DOJ provided notice that school district elections are subject to the federal requirement that election information provided in English must also be provided in Spanish.
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Voting Rights Act
Read all about November-December 2018
December 26, 2018.
In this installment of the Attorney's Corner, we review federal decisions by the Third Circuit Court of Appeals, the District Courts of the Southern District of New York and New Jersey, an administrative decision by the State Hearing Office of Arkansas, and guidance from the Office of Special Education Programs (OSEP).
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Annual District Election and Budget Vote Seminar – Save the Date.
December 03, 2018.
This is to inform you that we will be holding our annual seminar on School District Elections for all Superintendents, Administrators, Board of Education members and District Clerks who would like to attend. Topics to be covered will include pertinent dates for the 2019 annual district election, legal notice requirements, submission of propositions, voter qualifications, absentee and affidavit ballots, campaigning and electioneering, budget issues, recnet Commissioner's decisions and other quirky election-related items. We will also provide an update on the Department of Justice's investigation related to the federal Voting Rights Act, which requires that school districs provide registration or voting notices, forms, instructions, assistance, ballots or other materials or information related to an election in Spanish as well as in English.
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RAAI! September, 2018
September 2018.
In this installment of the Attorney's Corner, we review two federal Court of Appeals decisions, a federal court decision, one administrative decision from the Office of State Review (“SRO”), and an advisory opinion from the U.S. Department of Education's Office of Services and Educational Programs (“OSEP”).
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Amendments to Civil Service Law §75.
October 12, 2018.
This memorandum provides information about a new amendment to the New York State Civil Service Law that provides due process rights for certain labor class employees. Section 75 Protections
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Preparation for 2019 Annual Election and Budget Vote.
October 5, 2018.
The following provides an outline of pertinent election dates for the May 21, 2019 Annual Election and Budget Vote. Our annual election workshop will take place in mid January, at which time we will address all elements of the school district election process and review the latest Commissioner's decisions. We will also provide an update on the implications of the Department of Justice's ("Dal") investigation related to school district compliance with the federal Voting Rights Act ("VRA"). In the meantime, we would recommend that you begin the process of translating all election material related to voter registration and the election into Spanish.' We will notify you of the date and time of the workshop in early December.
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RAAI! August, 2018
August 9, 2018.
In this installment of the Attorney's Corner, we review a circuit court decision, three federal district court cases, and an advisory letter from the U.S. Department of Education's Office of Special Education Programs (“OSEP”). We start with a case from the U.S. Court of Appeals, Ninth Circuit that addresses what constitutes an appropriate response to bullying in an individualized education program (“IEP”). We follow with a decision by the U.S. District Court, Eastern District of New York that explores what sort of information is disclosable as ‘directory information' under FERPA. This is followed by a decision by the U.S. District Court for the Eastern District of Pennsylvania discussing measurable annual goals, and how critical it is for a school district to monitor a student's progress throughout the school year. We also examine a decision from the Southern District of New York which weighs the impact of a school district's agreement to provide transportation services for a student to his nonpublic school in determining the student's stay-put setting. We conclude with a letter from OSEP which discusses a school's responsibility to provide make-up services following the administration of state assessments.
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Second Circuit Court Appeal – F.L. et al v. Board of Education of the Great Neck Union Free School Dist., Case No.: 17-2881.
August 24, 2018.
We are extremely pleased to enclose a favorable decision from the United States Second Circuit Court of Appeals, upholding the decision of Judge Feuerstein of the Federal District Court for the Eastern District of New York, and dismissing the above-referenced proceeding in its entirety.
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17-2881-Decision
Private School Transportation Requests - Students with Disabilities.
August 24, 2018.
Special Education Departments often receive a rush of transportation requests from families who have unilaterally placed their children in private, non-state-approved programs. To that end, this memo reviews the conditions under which transportation must be provided, as well as the information school districts should request from the family to make the determination of eligibility to receive transportation.
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ESSA 2018 Overview.
August 15, 2018.
The New York State Board of Regents recently adopted emergency regulations' to implement New York's plan for the implementation of the federal Every Student Succeeds Act ("ESSA") 20 U.S.C. 0301 et seq., which sets forth the conditions under which schools receive federal funding. ESSA requires that public schools implement challenging academic content and achievement standards, applicable to all students.
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Status Update - U.S. Department of Justice Review of Nassau and Suffolk County School District Elections for Compliance with the Voting Rights Act.
July 30, 2018.
As you are aware, virtually every school district in Nassau and Suffolk Counties has now received a letter from the U.S. Department of Justice ("DOJ") seeking information related to the May 2018 annual district election and budget vote. Through the document request, the DOJ is attempting to determine the extent to which school districts have complied with the federal Voting Rights Act ("VRA" ).1 DOJ has designated school districts as "political subdivisions" under Section 203 of the VRA, mandating that they provide registration or voting notices, forms, instructions, assistance, ballots or other materials or information related to an election in Spanish as well as in English.
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Dues Deductions after Janus v. AFSCME.
July 27, 2018.
Following the U.S. Supreme Court's decision in Janus v. American Federation of State, County and Municipal Employees, public employers may no longer deduct agency shop fees from employees who decline to join the union which represents their bargaining unit. The decision has placed a focus on what may be considered a ministerial function of school districts, namely, the automatic deduction of union dues from employees' paychecks.
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Guide – How to PWN.
July 24, 2018.
We are often asked to review prior written notice (“PWN”) letters following a particularly contentious CSE meeting. This past year, we have come across some consistent, problematic areas which would raise red flags if the PWNs were reviewed by an impartial hearing officer (“IHO”). To that end, this memo reviews the purpose of PWN and some helpful tips for your staff to use when drafting these documents
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The PWN Cheat Sheet
RAAI! July 2018
July 18, 2018.
In this installment of the Attorney's Corner, we review three federal cases and a Question and Answer Guidance document issued by the Federal Privacy and Compliance Office. We start with a case from Northern District of New York that addresses IEP errors made by the school district in its attempt to address a student's school avoidance. We follow with a multi-year challenge in the Southern District of New York which examines the steps a CSE must take to ensure meaningful parental participation when the parent of the student in question speaks English as a second language. We also review a second decision from the Southern District of New York, which examines the dangers associated with over-reliance on progress reports from the student's unilateral placement. We conclude with a Frequently Asked Questions (“FAQ”) guidance document from the U.S. Department of Education's Federal Privacy and Compliance Office describing the steps districts must take to ensure interested stakeholders have appropriate access to photo and video records.
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Newsday FOIL Request for Payroll Information.
July 13, 2018.
This memorandum addresses school districts' legal obligation to comply with the most recent Freedom of Information Law ("FOIL") request from Newsday, which seeks a substantial amount of employee data for a three year period.' Specifically, Newsday has requested employee payroll data, including each employee's full name, department, title, rate of pay, hire date, termination date, overtime compensation, termination/retirement compensation, and total compensation for each of the three years. A number of clients have asked whether it is necessary to comply with this request. The short answer is yes. A few caveats are set forth below.
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New Employer Obligations to Combat Sexual Harassment in the Workplace
July 09, 2018.
This memorandum is designed to introduce new obligations imposed on school district employers by legislation enacted in the 2019 New York State Budget to train staff about the prevention of sexual harassment in the workplace. These new mandates, which were signed into law by the Governor on April 12, 2018, impose several new obligations on New York employers, including school districts, to help prevent sexual harassment in the workplace. Among other things, employers are required to distribute a written sexual harassment prevention policy and provide annual sexual harassment training. These and other changes in the law concerning sexual harassment are detailed below.
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U.S. Department of Justice Review of Nassau and Suffolk County School District Elections for Compliance with the Voting Rights Act
July 03, 2018.
This week, each school district in Nassau and Suffolk Counties can expect a letter from the U.S. Department of Justice ("DOJ") entitled "Compliance with Section 203 of the Voting Rights Act." The letter seeks certain information related to your most recent annual district election and budget vote in an attempt to determine the extent to which school districts are complying with the federal Voting Rights Act ("VRA").
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US Supreme Court Decision: Janus v. AFSCME
June 28, 2018.
As you are no doubt aware, the United States Supreme Court has issued its long-anticipated decision in the matter of Janus v. American Federation of State, County and Municipal Employees ("AFSCME"), a case of great significance to public employee unions, as it eliminates public employee unions' right to collect a fee from non-union members, yet retains the unions' obligation to fairly represent all members of a bargaining unit, irrespective of their union membership.'
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New Legislation Prohibiting "Lunch Shaming"
May 21, 2018.
This memorandum provides guidance regarding a recently adopted provision of the Education Law which is intended to eliminate embarrassment to students unable to pay for meals at school, sometimes referred to as "lunch shaming." 1 The statute requires school districts to adopt a plan which, among other things, requires school districts to take affirmative steps to assist families to apply for federal or local programs which enable students to receive meals at school free or at a reduced price. It specifically prohibits school districts from implementing practices which single out children who cannot pay for a meal, and requires school districts to take affirmative steps to determine if a family is eligible to receive free or reduced price meals at school.
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New SED Policy Guidance for Homeless Students
April 12, 2018.
This memorandum provides important information about new policy guidance from the New York State Education Department (“SED”) regarding the education of homeless students under the McKinney-Vento Homeless Assistance Act (“McKinney-Vento”).
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Sample Local Educational Agency (“LEA”) Policy on the Education of Students in Temporary Housing1
Newsday FOIL Request – Settlement Agreements
March 22, 2018.
Newsday recently emailed a Freedom of Information Law (“FOIL”) request to a number of our school district clients asking for “a copy of all settlement agreements executed by the district in 2017.” In follow-up to questions regarding the scope of this request, Newsday subsequently clarified that it was seeking only those “settlement agreements executed by the district in the calendar year of 2017 to formally close civil lawsuits against the district.”
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Paid Leave for Cancer Screenings
March 14, 2018.
Effective March 18, 2018, school district employees will be entitled to an excused paid leave, not to exceed four (4) hours, for expanded cancer screenings. The purpose of this law is to encourage regular screenings for all types of cancers as a matter of improving public health.
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“Walkout” Scenarios and Student Speech Considerations
March 12, 2018.
This memorandum supplements our March 1, 2018 memorandum entitled, "Walkout" Scenarios and Student Speech Considerations" As you know, school districts across the country are anticipating a surge in student protests in the upcoming days and weks in response to recent events such as the tragedy in Parkland, Florida. This memorandum lists a few reminders to help districts respond in the case of a student walkout or other mass protest.
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"Walkout" Scenarios and Student Speech Considerations
March 01, 2018.
In the wake of the tragedy that occurred at Marjory Stoneman Douglas High School in Parkland, Florida, school districts across the country are experiencing student protest movements in response to school violence. This memorandum provides guidance to help districts respond in the case of a school "walkout" and other mass protests in the school setting.
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Reasonable Assurance of Continued Employment Following Recess Periods
December 15, 2017.
This memorandum is to inform you of a recent case regarding the eligibility of per diem emiployee for unemployment benefits during school recess periods, such as the Christmas, February and Spring recess periods. In Matter of Papapietro, 2017 WL 6043435 (3d Dept., 2017), the New York State Appellate Division, Third Department ruled that, in the absence of reasonable assurance of continued employment following the Chirtmas recess, a per diem substitute teacher who had worked in the week immediately prior to the recess period was entitlted to unemployment benefits.
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Annual District Election and Budget Vote Seminar - Save the Date
December 6, 2017.
This is to inform you that we will be holding our annual seminar on School District Elections for all Superintendents, Administrators, Board of Education members and District Clerk annual district who would like to attend. Topics to be covered will include pertinent dates for the 2018 annual district elections, legal notice requirements, submission of propositions, voter qualifications, absentee and affidavit ballots, campaigning and electioneering, budget issues, recent Commissioner's decisions and other quirky election-related items.
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Baseline Data and Measurable Annual Goals
November 2, 2017.
This memorandum provides information about a recent federal court decision addressing the critical importance of collecting data when drafting annual goals for a student's IEP. In Methacton Sch. Dist. v.D.W. and R.W.,o/b/o G.W,1, the Court found that a district's "failure to obtain any baseline data means that the goals themeselves were insufficient to provide guidance to teachers regarding Student's specific instruction [sic] needs."
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New York State Paid Family Leave Update
November 3, 2017.
This memorandum provides information for those of our public employer clients who have made Disability Insurance benefits available to members of any of their employee bargaining units thorugh the New York State Insurance Fund ("NYSIF"). As we have previously advised, such employers are not required to make Paid Family Leave ("PFL") available to these, or any other, employees. Rather, PFL can only be provided, by public employers, as a result of a negotiated agreement with individiual employee bargaiing unit(s).
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New Legislation Pertaining to Students With Dyslexia and Other Related Disorders
September 12, 2017.
This is to inform you of new legislation signed by Governor Cuomo on August 21, 2017, originally known as the “Dyslexia Bill.” The bill requires the State Education Department (“SED”) to issue guidelines for school districts to use when evaluating the eligibility requirements and needs of students with specific disorders—such as dyslexia, dyscalculia and dysgraphia.
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E-Cigarettes Banned on School Grounds
August 14, 2017.
This is to inform you that the New York State Education Department has published a new Procedural Safeguards Notice: Rights for Parents of Children with Disabilities, Ages 3-21 (“Notice”). Districts must begin using the amended Notice immediately. The revised Notice can be found at http://www.p12.nysed.gov/specialed/timely.htm and http://www.p12.nysed.gov/specialed/formsnotices/. The Notice now incorporates procedural changes to Part 279 of the Regulations of the Commissioner of Education relating to appeals of impartial hearing officer decisions to the State Review Officer (“SRO”). For example, the Notice now includes language to reflect that the SRO must issue a decision within 30 days of an appeal.
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E-Cigarettes Banned on School Grounds
August 2, 2017.
This memorandum provides information about a new State law that bans electronic cigarettes, or “e-cigarettes,” on school grounds throughout the State. Effective July 25, 2017, the State Public Health Law was amended to prohibit the possession of e-cigarettes on all school grounds. See id., §1399-o(5). As you may know, “school grounds” include any building, structure and surrounding outdoor grounds that are contained within the legal boundaries of any public or private pre-school, nursery school, elementary or secondary school. See id., §1399-n(6). The term “school grounds” also includes any vehicles that are used to transport children or school personnel. See id.
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Special Ed Presentation at 2017 NYSSBA Summer Law Conference
July 27, 2017.
In the seminal 1982 case, Board of Educaton v. Rowley, the Supreme Court held that, in order for a school district to meet its obligation to provide a free and appropriate public education (FAPE), a child's program must be reasonably calculated to confer an educational benefit.
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New York State Paid Family Leave
July 19, 2017.
This memorandum provides information about the newly enacted New York State Paid Family Leave (“PFL”) program. Effective January 1, 2018, amendments to the State Workers' Compensation Law (“WCL”) will provide for paid family leave throughout New York State. However, it is important to note that, while PFL will be mandatory for virtually all private employers in the State, school districts and other public employers will not be obligated to participate.1 Any public employer that wishes to participate in the PFL program may do so voluntarily, or through collective bargaining in accordance with the Taylor Law.
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New SED Guidelines Regarding Immunization and Medication Management In Schools
July 13, 2017.
This is to alert you to a July 2017 document from the State Education Department (“SED”) which contains revised immunization guidelines for schools, and a May 2017 document from SED which contains revised medication management guidelines for schools1 . Please note that although the guidelines do not have the same force and effect of laws or regulations, it is suggested that they be followed. Moreover, a decision not to follow SED's suggested guidelines which results in injury could result in additional liability for recklessness or gross negligence.
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Transition Planning for Students with Disabilities
May 25, 2017.
This is to inform you of a recent policy brief issued by the Office of Special Education division of the State Education Department ("SED"), regarding transition planning for students with disabilities. The policy brief reminds school districts of their responsibility under federal and State law to provide appropriate transition planning and services for students with disabilities.'
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Education Law §2053 Electronic Reporting for Legal Services
May 24, 2017.
This memorandum provides information about a new Portal available through the New York State Education Department (NYSED) which school districts must utilize when submitting annual reports for legal services rendered to school districts. Please note that for the current school year, annual reports must be submitted electronically through the e-filing system by June 30, 2017. Paper submissions will not be accepted.
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State Education Department's Office of Special Education Revised Guidance and Procedures
May 24, 2017.
This is to inform you of recent revisions from the Office of Special Education division of the State Education Department (“SED”), regarding: (1) the administration of state assessments over multiple days to students with disabilities; (2) superintendent determination of graduation with a local diploma; and (3) application procedures for extended school year (“ESY”) programs.
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AT for Students with Disabilities - Attachment
Placement of Students with Disabilities in Residential Schools
May 23, 2017.
The following is a reminder of a school district's responsibility to submit timely requests for tuition reimbursement for New York State Education Department ("SED") approved residential placements.
SED has reissued prior guidance which sets forth the application procedure for reimbursement of tuition costs for in and out-of-State approved residential programs. The topics covered in the most recent guidance include:
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A Monthly Synopsis of Salient Cases in Special Education
April 12, 2017.
In this installment of the Attorney's Corner, we review two decisions by the United States Supreme Court; two federal district court decisions, and a “Refusal to Investigate” by the Family Policy Compliance Office.
The United States Supreme Court issued its much-anticipated decision in Fry v. Napoleon Community Schools, which described the circumstances under which a family must exhaust administrative remedies in suits against school districts. Shortly thereafter, the Supreme Court issued its decision in Endrew F. v. Douglas County School District RE-1, holding that in order to provide FAPE, an IEP must be “reasonably calculated to enable a child to make progress appropriate in light of the child's circumstances[,]” establishing that the validity of an IEP will be determined based upon the needs and abilities of each child. We also look at two federal court decisions. The first analyzes the details important to the courts concerning how a district would implement a student's IEP. The second clarifies that a committee on special education (CSE) is not required to consider increasingly restrictive program requests from the parent once an appropriate educational program has been identified. We also review an opinion by the Family Policy Compliance Office, which refused to investigate a parent's request to challenge a child's quarterly progress reports pursuant to – and the school's refusal to hold a hearing under – the Family Educational Rights and Privacy Act (FERPA) statute.
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Recent Supreme Court Case - Educational Benefit Standard
March 23, 2017.
This is to inform you of a recent U.S. Supreme Court decision regarding the level of educational benefit that school districts must provide to children with disabilities to satisfy the free appropriate public education (“FAPE”) standard under the Individuals with Disabilities Education Act (“IDEA”). In Endrew F. v. Douglas County School District RE-1, No. 15-827 (March 22,2017), Chief Justice John Roberts wrote the unanimous decision which vacated and remanded the Tenth Circuit Court of Appeal's ruling. The Tenth Circuit decision established that the standard was that an Individualized Education Program (“IEP”) is sufficient if it is calculated to provide a child with some progress. The Supreme Court reversed the decision and ruled that in order to provide FAPE, an IEP must be “reasonably calculated to enable a child to make progress appropriate in light of the child's circumstances.” In doing so, the Supreme Court established that the validity of an IEP will be determined based upon the needs and abilities of each child.
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State Education Department's Office of Special Education Revised Guidance and Procedures
March 15, 2017.
This is to inform you of recent revisions from the Office of Special Education division of the State Education Department (“SED”), regarding: (1) the administration of state assessments over multiple days to students with disabilities; (2) superintendent determination of graduation with a local diploma; and (3) application procedures for extended school year (“ESY”) programs.
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SED Special Ed Changes - Att.1
SED Special Ed Changes - Att.2
SED Special Ed Changes - Att.3
DASA Guidance and Resources
March 3, 2017.
This memorandum is to inform you that on February 27, 2017, the New York State Education Department (“SED”) issued a memorandum entitled Available Guidance and Resources to Combat Harassment, Bullying and Discrimination in Schools in Light of Recent Immigration-related Actions. 1 SED's memorandum describes resources school districts may access to ensure the Dignity For All Students Act (“DASA”) is fully implemented across the state to foster and maintain a safe school environment.
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DASA Resources
PRIVILEGED AND CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION MEMORANDUM
March 2, 2017.
This memorandum provides an update to our February 16, 2017 advice regarding the education of undocumented students, and summarizes a joint guidance document issued February 27, 2017, by NYS Attorney General Eric Schneiderman and Commissioner of Education Mary Ellen Elia.1 In a nutshell, the Attorney General and the Commissioner strongly reiterated that “[u]ndocumented children, like U.S. citizen children, have the right to attend school full time as long as they meet the age and residency requirements established by state law.”
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Undocumented Students
FFEDLAW Memo re LIPA PILOT and 2017-18 Tax Levy Cap Calculation.
February 27, 2017.
A number of our client school districts have raised questions about the LIPA PILOT statements received from Nassau County for the 2016-17 school year and whether those statements reflect the amount of LIPA PILOTs that should be used for purposes of calculating the District's tax levy limit for 2017-18.
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Amendments to Local School District Wellness Policies.
February 24, 2017.
This is to inform you that the Food and Nutrition Service of the United States Department of Agriculture has released its final rule regarding wellness policies under the Healthy, Hunger-Free Kids Act of 2010 ("Kids' Act"). A wellness policy is a written document that guides a school district's efforts to establish a school environment that promotes student health and well being, as well as an ability to learn. Most of you originally adopted a wellness program policy in 2006, and revised it in 2010 to comply with the Kids' Act.
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Transgender Guidance Rescinded by the U.S. Departments of Education and Justice's Offices of Civil Rights
February 23, 2017.
As you may know, in late June 2015, Governor Andrew Cuomo expressed his “outrage” over what he viewed as the State Education Department's (“SED”) “failure to implement and monitor the provisions of the Dignity For All Students Act (“DASA”) relating to gender identity and expression.” In response, on July 20, 2015, the State Education Commissioner released guidance aimed to ensure that transgender and gender noncomforming (“GNC”) students have “a safe and harassment-free” school environment. SED's guidance (attached for your convenience), is intended to promote an “educational environment that is safe and free from discrimination . . . and to facilitate compliance with local, state and federal laws concerning bullying, harassment, discrimination and student privacy.”
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Transgender Guidance Issued by the State Education Department
Additional Information Regarding Participation by Transgender Students in Athletics
New Laws Regarding School Budgets and Finances.
February 23, 2017.
This memorandum provides information about recent amendments to the Education Law, effective July 1, 2017, that relate to reserve funds, school finances, annual budgets and multi-year financial plans. The amendments were designed to increase transparency in school district fiscal operations. Set forth below is a summary of each major change.
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NYSHIP Policy Memorandum No. 122r3
February 17, 2017.
This memorandum updates the status of litigation over NYSHIP Policy Memorandum No. 122r3 (“122r3"). As you will recall, 122r3 prohibited health insurance opt-out payments to employees who retain NYSHIP coverage through a spouse or parent.
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Undocumented Students.
February 16, 2017.
This memorandum is to review a school district's responsibility to educate all children who reside in the geographic boundaries of the school district, regardless of immigration status. Recently, enforcement actions by U.S. Immigration and Customs Enforcement (“ICE”), the federal agency responsible for immigration, have received greater media scrutiny. With this scrutiny, we have begun to receive a number of questions as to how school administration should respond to this rapidly evolving situation.
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Undocumented Students attachement
2016-17 Application for 1% Cap Exception
February 08, 2017.
This memorandum is to alert you to the recently released application from the New York State Education Department ("SED") regareding how to report student alternate assessment scores. As background, under the federal Elementary and Secodary Education Act ("ESEA"), a school district is limited in the number of students it can count as "proficient" using alternate achievement testing. Generally, alternate achievement assessments are used to evaluate the performance of those students whose disabilities are so significant that they are unable to participate in New York State assessments, even with accomodations.
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Child Abuse Reporting
January 31, 2017.
This memorandum provides information about recent amendments to the Commissioner's Regulations pertaining to child abuse reporting. 8 N.Y.C.R.R. §100.2(nn). The purpose is to increase awareness and make it easier for members of the school community to report allegations of suspected child abuse or maltreatment.
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Epinephrine Auto-Injectors and School Health Services
January 25, 2017.
This memorandum provides information about recent amendments to New York State laws and regulations pertaining to epinephrine auto-injectors, such as EpiPen or EpiPen Jr., in the school setting. Effective March 28, 2017, the amendments will simplify the existing requirements for the maintenance and use of epinephrine auto-injectors in schools and other public places. See N.Y. Pub. Health Law §§3000-a, 3000-c and 8 N.Y.C.R.R. Part 136. An overview of each major change is set forth below.
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Optional Headgear for Girls' Lacrosse
January 20, 2017.
This memorandum provides information about a new rule regarding the use of headgear by participants in interscholastic girls' lacrosse. For several years, except for goalkeepers, the use of headgear in girls' lacrosse has been optional. This continues to be the case; however, the New York State Public High School Athletic Association ("NYSPHSAA") recently amended its rules for girls' lacrosse to include the following provision: "Rule 2 Section 10: Effective January 1, 2017, the only optional headgear allowed for use must meet the new ASTM1 standard, F31317."
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Education Law, Labor and Employment
January 11, 2017.
As an education law firm that is AV Preeminent® rated by Martindale-Hubbell®, Frazer & Feldman, LLP offers strong general, special education, and labor counsel services, as well as a pro-active approach in advising clients.
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2017 Annual Election and Budget Vote Materials.
January 10, 2017.
As you know, on January 10, 2017, our office presented a legal seminar to provide our clients with information about the 2017 Annual Election and Budget Vote. For your information, attached please find a copy of the legal outline entitled “A Primer on School District Elections,” which was distributed to all of our attendees during the seminar.
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A PRIMER ON SCHOOL DISTRICT ELECTIONS
A Monthly Synopsis of Salient Cases in Special Education
December 27, 2016.
In this installment of the Attorney's Corner, we review a federal court decision, three NYSED Office of State Review (SRO) decisions, a State Educational Agency decision from Massachusetts, and an OSEP policy guidance letter.
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Testing Accommodations for Grades 3-8 ELA Assessments.
December 1, 2016.
This memorandum provides information about recent guidance from the New York State Education Department ("NYSED") regarding updates to the testing accommodation "tests read" for students with disabilities.' This guidance, issued on November 22, 2016, replaces prior NYSED guidance concerning testing accommodations for students with disabilities on the Grades 3-8 NYS English Language Arts ("ELA") Assessments.
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Preliminary Injunction Staying Changes to the U.S. Department of Labor's Overtime Rule
November 30, 2016.
As you may recall, we sent a Client Memorandum regarding "Changes to the U.S. Department of Labor Overtime Rule" on June 1, 2016. This memorandum is to advise you that the rule change, which was scheduled to go into effect on December 1, 2016, was stayed by the issuance of a preliminary injunction on November 22, 2016. State of Nevada, et al v. United States Department of Labor, et al., 2016 WL 6879615.1 The rule would have raised the threshold amount that disqualifies executive, administrative and professional salaried employees from overtime pay eligibility to $913 per week or $47,476 per year. In addition, the rule would have raised the total annual salary threshold for highly compensated employees who regularly perform at least one of the duties or responsibilities of an exempt executive, administrative or professional employee to $134,004.
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Annual District Election and Budget Vote Seminar - Save the Date.
November 29, 2016.
This is to inform you that we will be holding our annual seminar on School District Elections for all Superintendents, Administrators, Board of Education members and District Clerks who would like to attend. Topics to be covered will include pertinent dates for the 2017 annual district election, legal notice requirements, submission of propositions, voter qualifications, absentee and affidavit ballots, campaigning and electioneering, budget issues, recent Commissioner's decisions and other quirky election-related items.
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Read All About It! July, 2016
July 2016.
In this installment of the Attorney's Corner, we review some of the more peculiar SRO decisions issued so far this calendar year, as well as provide an update on two recent matters presently before the U.S. Supreme Court.
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Cold War Veterans Exemption.
October 26, 2016.
This client memorandum provides additional information regarding the Cold War Veterans school tax exemption and the procedures to be followed for holding public hearings. We have also attached a chart showing the range of maximum exemption limits which may be adopted by school boards and a model resolution for authorizing the exemption.
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Electronic Notice Under the Open Meetings Law.
October 24, 2016.
This client memorandum provides information about a recent law that allows school districts to expand school property tax exemptions to Cold War veterans. Previously, only veterans who served during certain designated military conflicts were eligible for a school property tax exemption, if authorized by the local school board in accordance with the Real Property Tax Law ("RPTL"). Effective August 19, 2016, RPTL §458-b was amended to allow school districts to offer a real property tax exemption to Cold War veterans as well.
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Electronic Notice Under the Open Meetings Law.
October 14, 2016.
This memorandum provides information about an amendment to the Open Meetings Law(“OML”) regarding the provision of public notice of school board meetings. As you know, whenever a public meeting has been scheduled more than one week in advance, notice of the meeting must be given to the news media and posted conspicuously in one or more designated public locations at least 72 hours before the meeting. For any meeting that has been scheduled less than one week in advance, public notice must be given to the news media “to the extent practicable,” and posted conspicuously within a “reasonable amount of time” prior to the meeting. Public Officers Law §104(2). When videoconferencing will be used, the public notice must state as much, identify the locations for the meeting, and state that the public has the right to attend the meeting at any of the locations. Id., §104(4).
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U.S. Department of Education and White House Guidance Regarding Sexual Assault in Schools.
October 13, 2016.
Last week, we issued a memorandum advising our clients that the United States Department of Education (“DOE”) and the White House Task Force to Protect Students from Sexual Assault (“Task Force”) released guidance documents highlighting issues for school districts to consider when developing sexual misconduct policies. In our memorandum, we recommended that you revisit your sexual harassment policies to ensure that they comply with intent and spirit of this new guidance, and indicated that we would follow-up with a sample policy.
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Revised Sex Assault Policy
Recent U.S. Department of Education and White House Guidance Regarding Sexual Assault in Schools
October 5, 2016.
This is to advise you that the United States Department of Education (“DOE”) and the White House Task Force to Protect Students from Sexual Assault (“Task Force”) recently released guidance documents highlighting issues for school districts to consider when developing sexual misconduct policies, and reminding districts of their responsibilities and obligations under existing federal law.
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LLP regarding Lead Testing in Schools
September 13, 2016.
This is a follow-up to our June 29, 2016 client memorandum which provided information about a new law requiring school districts to test their potable water systems periodically for lead contamination. See Public Health Law §1110; Education Law §§3602 and §1950. While the new law does not go into effect until December 5, 2016, the State Department of Health (“DOH”) recently issued implementing regulations on September 6, 2016 that are effective immediately. Set forth below is an overview of the new regulations, including their fast-approaching compliance deadlines.
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Preparation for 2017 Annual Election and Budget Vote
September 1, 2016.
The followsing is intended to provide an outline of pertinent election dates for the May 16, 2017 Annual Election and Budget Vote. Please note that we will host our annual election workshop in mid January, at which time we will address all elements of the school district election process, review the latest decisions of the Commissioner, and answer any all questions you may have. We will notify you of the date and time of the workshop in early December. In the meantime, please review the following and let us know if you have any questions or concerns.
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Update - FFEDLAW Memo re LIPA PILOT Lawsuit
September 1, 2016.
In our August 25, 2016 update we advised that we and counsel for the other school district parties had asked for the date of a previously scheduled conference with the Court to be advanced. We did this in light of recent information that LIPA and the County wished to modify certain provisions of the approved settlement agreement. Our request was granted and we met with Justice Marano and opposing counsel yesterday and today.
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FFEDLAW Memo re LIPA PILOT Lawsuit
August 25, 2016.
As you will recall, in late June we advised all of our Districts that a settlement of the LIPA litigation had reached and the terms of the settlement agreement worked out with all counsel and with the Court's imprimatur. By the middle of July all 55 school district parties had formally approved that settlement agreement. The attorneys for LIPA, Nassau County, and PSEG LI were thereafter provided with documentation of that fact.
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Recent U.S. Department of Education Guidance regarding ADHD and Positive Behavioral Supports
August 18, 2016
This is to inform you two important Dear Colleague letters recently issued by the U.S. Department of Education (DOE) regarding: (1) the obligation of school districts to provide students diagnosed with attention-deficit/hyperactivity disorder (ADHD) with equal educational opportunities under Section 504: and (2) the requirement that school districts provide positive behavioral supports to students with disabilities.
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ADHD Attachment
McKinney-Vento Homeless Assistance Act (“McKinney-Vento”)
August 17, 2016
This memorandum provides information about changes to the McKinney-Vento Homeless Assistance Act (“McKinney-Vento”) that will be made by the Every Student Succeeds Act of 2015 (“ESSA”). Effective October 1, 2016, ESSA will expand transportation requirements for formerly homeless students, enhance access to preschool, and implement privacy protections for students who are experiencing homelessness, among other things.
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Update - Administration of Opioid Antagonists in School
August 1, 2016
If you recall, in August 2015, our office distributed a client memorandum regarding a change to the Commissioner's Regulations and the Education Law which established standards for the provision, maintenance and administration of opioid antagonists by school districts......
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Addressing the Needs of Transgender Students in Schools
August 1, 2016
Transgender students and how to address their unique educational needs in a school setting is a topic that has been in the forefront of the news of late. This can be credited to the U.S. Department of Education's Office of Civil Rights ("OCR") December 2014 opinion letter "Questions and Answers on Title IX and Single-Sex Elementary and Secondary Classes and Extracurricular Activities."......
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Changes to the Commissioner's Regulations Regarding One-to-One Aides and Other Special Education Programs
July 19, 2016
The New York State Board of Regents recently approved amendments to the Commissioner's Regulations regarding, among other things, the provision of one-to-one aides for preschool and school aged students with disabilities......
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One to One Aides Q+A
New Amendments to the APPR Regulations
July 18, 2016
This memorandum provides information about recent amendments to the State Regulations pertaining to transition annual professional performance reviews ("APPRs") of classroom teachers and building principals, which were created in order to avoid using State assessment results......
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APPR Compliance Delay
June 29, 2016
This client memorandum provides information about a new law that extends the deadline for obtaining approval from the State Education Department ("SED") for annual professional performance review ("APPR") plans of classroom teachers and building principals under Education Law §3012-d. The new law extends......
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Lead Testing in Schools
June 29, 2016
This client memorandum provides information about a new law requiring school districts to test their potable water systems periodically for lead contamination. See Public Health Law §1110; and Education Law §§3602 and §1950......
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Amended Procedural Safeguards Notice
June 24, 2016
NYSED has published a new Procedural Safeguards Notice: Rights for Parents of Children with Disabilities, Ages 3-21 ("Notice"). Districts must begin using the amended Notice immediately......
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Superintendent Determination of Graduation with Local Diploma
June 23, 2016
NYSED's Board of Regents recently adopted emergency amendments to part 100 of the Commissioner's Regulations requiring superintendents to make local determinations whether a student classified with a disability meets the standards for a local diploma......
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Recent Second Circuit Case – A Pattern of Procedural Errors Denies FAPE
June 15, 2016
This memo is to inform you of a recent federal appellate court decision in, L.O. ex rel K.T. v. New York City Dep't of Educ., F.3d -, 2016 WL 2942301 (2d Cir., May 20, 2016), which highlights the importance of ensuring that a child's IEP is developed in accordance......
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NYSHIP Policy Memorandum 122r3
June 10, 2016
This memorandum provides information about recent developments involving NYSHIP Policy Memorandum 122r3, which prohibited the payment of declination payments to employees who opted out of NYSHIP health insurance coverage while being covered by NYSHIP through a spouse or parent......
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Changes to the U.S. Department of Labor's Overtime Rule
June 1, 2016
This memorandum provides information about recent changes to the U.S. Department of Labor's ("DOL") overtime rule under the Fair Labor Standards Act......
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CPS Interviews at School
May 26, 2016
On May 23rd, the New York State Social Services Commissioner promulgated emergency regulations, effective immediately, to address concerns regarding in-school interviews of students conducted by Child Protective Services ("CPS") without parental knowledge or consent, and/or without a court order......
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Expansion of CDOS Graduation Pathway to General Education Students
May 16, 2016
This memorandum provides you with information regarding a recent emergency amendment to the regulations concerning high school diplomas and the Career Development and Occupational Studies ("CDOS") Commencement Credential......
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Attorney Attendance at CSE Meetings
April 14, 2016
This memorandum is to alert you of a recent advisory opinion issued by the U.S. Department of Education concerning an attorney's attendance at special education meetings......
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Testing Accommodations Update April 1
April 1, 2016
This memorandum is to alert you to NYSED's updated policy on testing accommodations. This update follows the issuance of the New York Common Code Task Force's Final Report......
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LIPA PILOT Lawsuit - Update 2-24-16
February 24, 2016
We are writing to update you on the LIPA lawsuit and are pleased to report that the Court has granted a significant portion of our requested interim relief. Specifically, Justice Anthony Marano yesterday ordered LIPA to immediately pay the full amount of the payments in lieu of taxes ("PILOTs").......
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Testing Accommodations Update
February 23, 2016
This memorandum is to alert you to NYSED's updated policy on test accommodations following the issuance of the New York Common Core Task Force's ("Task Force") Final Report and passage of the Every Student Succeeds Acts ("ESSA").......
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LIPA PILOT Litigation
February 8, 2016
This memorandum is to update you on the status of the legal action against Nassau County and LIPA in connection with LIPA's payments in lieu of taxes ("PILOTs"). We returned to court last Thursday, February 4, 2016, to present our case for initial temporary relief against the County and LIPA.......
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Status Quo Letter - Bellmore UFSD v. Nassau County (Index No. 2016-710)
Municipal Restructuring Fund
February 8, 2016
This memorandum is to alert school districts to the creation of the "Municipal Restructuring Fund," ("MRF"), a program recently enacted by Governor Cuomo which provides a $25 million pool of grant money for local governmental entities. The goal of the MRF is to.......
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Legal Leaders 2015
Frazer & Feldman is proud to announce that Jack and Florence have been recognized by New York Magazine as Legal Leaders-New York Area's Top Rated Lawyers of 2015 in the fields of education, labor and employment law. The recognition is based upon their having achieved the peer reviewed rating of "AV Preeminent" by Martindale Hubbell, the company that has set the standard for lawyer ratings. The AV Preeminent rating is a significant accomplishment and demonstrates that a lawyer's peers have ranked him/her at the highest level of professional excellence.
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2015-16 Application for 1% Cap Exception
January 15, 2016
This memorandum is to alert you to the upcoming April 1, 2016 deadline for the application to seek an exception to exceed the one percent (1%) cap on students counted as postmarked by this date, or submitted electronically or by facsimile.......
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2015-16 Application for 1% Cap Exception
New York Common Core Task Force Final Report
January 12, 2016
This memorandum is to alert you to the recent issuance of the New York Common Core Task Force's ("Task Force") Final Report. Governor Cuomo empowered the Task Force to review New York's adoption and implementation of the.......
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LIPA PILOT Payments
January 12, 2016
This memorandum is to apprise you of the current status of our efforts to work with Nassau County to address a number of issues regarding LIPA PILOT payments and the implementation of the LIPA Reform Act of 2013 ("LIPA Reform Act"). We have been participating in these efforts as part of a group of attorneys representing most, if not all, of the affected Nassau County school districts. Unfortunately,.......
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Registration of Legally Blind Students
January 4, 2016
This memorandum is intended to call your attention to a December 2015 Special Education Field Advisory issued by the State Education Department ("SED") entitled "Annual Registration of All New Students Classified as Legally Blind for Procurement of Adapted Educational Materials Produced by the American Printing House for the Blind.".......
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Least Restrictive Environment Guidance ("LRE")
December 31, 2015
The State Education Department issued a Special Education Field Advisory Memo this month entitled "School Districts' Responsibilities to Provide Students with Disabilities with Specially-Designed Instruction and Related Services in the Least Restrictive Environment." The Field Advisory includes a proposed policy concerning the district's collection and analysis of Least Restrictive Environment data.......
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The Every Student Succeeds Act of 2015
December 29, 2015
This memorandum is to alert you to the recent passage of the Every Student Succeeds Act ("ESSA" or "the Act")1 by Congress. The President signed ESSA into law on December 10, 2015. ESSA essentially replaces the No Child Left Behind Act, which was passed over a decade ago, and represents a major overhaul of federal education law. While ESSA deals mainly with the responsibilities of state educational.......
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"Transition" APPRs
December 18, 2015
Effective December 31, 2015, two new State Regulations were passed to create "transition" annual professional performance reviews ("APPRs") of classroom teachers and building principals that avoid using State assessment results. See 8 NYCRR §§30-2.14 and §30-3.17. The purpose of the new Regulations is to ensure that there will be no consequences for teachers and principals related to the.......
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SED - Regents Regs 30-2.14 and 30-3.17 - APPR Transition Ratings
Dear Colleague Letter: Academic Content Standards for IEPs
December 15, 2015
This memorandum is to alert you to a recent Dear Colleague Letter issued by the U.S. Department of Education ("DOE") that concerns academic content standards for students with individualized education programs ("IEPs"). Specifically, the Dear Colleague Letter states that special education instruction must be designed so that a special education student can meet academic content.......
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Exemption from CPR Instruction Requirements for Students with Disabilities
December 15, 2015
This memorandum is to alert you to a recent amendment to the Regulations of the Commissioner of Education regarding instruction in cardiopulmonary resuscitation ("CPR") and the use of Automated External Defibrillators ("AEDs") for students with disabilities. As you may know, students in grades 9 through 12 must complete CPR/AED training at least once prior to graduation. Such instruction.......
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Annual District Election and Budget Vote Seminar - Save the Date
December 2, 2015
This is to inform you that we will be holding our annual seminar on School District Elections for all Superintendants, Administrators, Board of Education members and District Clerks who would like to attend.......
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IEP Facilitation Pilot Program
October 22, 2015
This memorandum is to alert you to a new three year pilot program being offered by the State Education Department ("SED") whereby parents and school districts can now engage in a voluntary early dispute resolution process called "IEP Facilitation." This new program allows parents and school districts to invite a neutral third party to participate in a CSE/CPSE meeting to help the parties.......
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IEP Facilitation Request Form
Agreement to Participate in IEP Facilitation Form
Preparation for 2016 Annual Election and Budget Vote
October 5, 2015
In accordance with Education Law §§2002(1) and 2022(1), your next Annual Meeting and Election is scheduled to be held on Tuesday, May 17, 2016, at which time your district's budget for the 2016-2016 school year will be voted on and candidates elected for positions on the Board of Education.......
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CPS Interviews at School
October 1, 2015
This memorandum is a follow-up to our September 28, 2015 memorandum entitled, "Child Protective Services Student Interviews," which discussed the new federal district court case, Phillips v. County of Orange, 10-CV-00236 (SHS) (August 19, 2015).1 Generally, we recommend that school districts proceed with caution when considering whether to grant requests from Child Protective Services......
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Child Protective Services Student Interviews
September 28, 2015
This memorandum is to alert you to a recent federal court decision in which the Southern District of New York held that a school district may face liability when it allows employees of Child Protective Services ("CPS") and/or the police to interview a student about suspected child abuse without parental notification or consent and without a lawful court order.......
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CDOS Informational Brochures for Parents and Businesses
September 22, 2015
This memorandum provides you with information regarding recent information published by the New York State Education Department ("SED"), Office of Special Education, regarding the Career Development and Occupational Studies ("CDOS") Commencement Credential. As you are aware, the CDOS may be awarded upon high school commencement to qualifying students who receive special education......
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CDOS Business Brochure
CDOS Parent Brochure
Alternative Transportation Options in the Event of a School Bus Strike
September 9, 2015
As you know, generally, school districts are required to transport all students in grades kindergarten through 12 in accordance with statutory or voter adopted distance limitations, including those attending nonpublic schools, special education placements and charter schools. Education Law §§2853(4)(b) and 3635. Consistent with this obligation, the State Education Department......
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SED Memo on Baumann Bus
Updated Department of Health Regulations for Immunizations
September 1, 2015
This memorandum is to alert you to the recent changes to the Regulations of the Department of Health regarding immunizations for public school students. Under the new Regulations, effective September 1, 2015, all students entering grades kindergarten through 12 must receive several vaccines before they can be admitted to school. As you may recall, our office sent out a......
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2015-16 School Year New York State Immunization Requirements for School Entrance/Attendance
View Immunizations Update 2/9/15
Administration of Opioid Antagonists
August 19, 2015
This memorandum is to alert you to the recent addition of Section 136.8 to the Commissioner's Regulations and Section 922 of the Education Law, both which establish standards for the provision, maintenance and administration of opioid antagonists by school districts as necessary for the preservation of the general welfare. Properly trained school district employees are......
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Additional Information Regarding Participation by Transgender Students in Athletics
August 6, 2015
The purpose of this memorandum is to update our July 29, 2015 correspondence reviewed guidelines adopted by the New York State Education Department ("SED") aimed to ensure that transgender and gender nonconforming ("GNC") students have "a safe and harassment-free" school environment. As we indicated in our memorandum, SED's guidelines ("Guidance to School Districts......
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United States Department of Education's Response to New York State Education Department Waiver Requests
August 4, 2015
This memorandum provides you with a summary of a recent decision from the United States Department of Education ("DOE") regarding requested waivers under Title I of the Elementary and Secondary Education Act ("ESEA"). New York's Acting Commissioner of Education, Elizabeth Berlin, requested waivers to allow New York to exempt English language learners.....
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Commissioner's Decisions Regarding Boycotting of Student Assessments
July 30, 2015
As you know, we have previously provided memoranda regarding the authority of school districts to require students to participate in state and local assessments, as well as the potential consequences that may befall districts that fail to obtain adequate student participation in such assessments. This is to inform you that the Commissioner of Education......
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Transgender Guidance Issued by the State Education Department
July 29, 2015
As you may know, in late June 2015, Governor Andrew Cuomo expressed his "outrage" over what he viewed as the State Education Department's ("SED") "failure to implement and monitor the provisions of the Dignity For All Students Act ("DASA") relating to gender identity and expression." In response, on July 20, 2015, the State Education Commissioner.....
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View Guidance to School Districts for Creating a Safe and Supportive School Environment For Transgender and Gender Nonconforming Students JULY 2015
OSEP Opinion Letter – Independent Educational Evaluations at Public Expense
July 27, 2015
This memorandum provides you with information concerning a recent opinion letter from the United States Department of Education's Office of Special Education Programs ("OSEP") concerning requests for Independent Educational Evaluations ("IEE"). As you know, an IEE is an evaluation of a student with a disability or a student suspected of......
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The New APPR Regulations – An In-Depth Review
July 27, 2015
This memorandum provides an in-depth review of new emergency regulations that were adopted on June 15, 2015 in order to implement the new annual professional performance reviews ("APPRs") for teachers and principals under Education Law §3012-d. As you may recall, earlier this year, Education Law §3012-d was enacted as part ("Act").....
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Second Circuit Decision Regarding a District's Obligation to Provide FAPE When a Student is Unilaterally Placed in a Private School
July 16, 2015
This memorandum provides you with information regarding a recent decision of the Second Circuit Court of Appeals, Doe v. East Lyme Board of Educ., 2015 WL 3916265 (2d Cir. 2015). In this case, the Court answered the question of whether a public school district is responsible for developing an individualized education program ("IEP") for a student.....
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Recent Ninth Circuit Decision Regarding the IDEA and FAPE
July 8, 2015
This memorandum provides information on a recent decision of interest from the Ninth Circuit Court of Appeals. In M.M. v. Lafayette Sch. Dist., 767 F.3d 842 (9th Cir. 2014), the court held that a school district violated the IDEA and denied a student FAPE when it failed to provide his parents with his RtI data......
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FOIL "Media Request" from American Transparency
July 6, 2015
It has come to our attention that many of our client school districts recently received an email Freedom of Information Law ("FOIL") request from an entity calling itself "American Transparency." The request asks that a copy of the following records be electronically transmitted to.....
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New Tenure Regulations and Model Resolution
June 25, 2015
This memorandum provides an overview of new emergency regulations that were adopted on June 15, 2015 in order to implement the new law extending the traditional three-year probationary period for newly hired teachers under the "Education Transformation Act of 2015" ("Act"). These new emergency regulations are effective July 1, 2015, and will apply to all probationary.....
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View Model Proationary Appointment Resolution
Ohio v. Clark: Teachers Who Report Suspected Cases Of Abuse Are Not Agents of Law Enforcement
June 24, 2015
This memorandum provides you with information on a recent decision of the United States Supreme Court, Ohio v. Clark, 576 U.S. __ (2015), which involved teacher reports of suspected child abuse. One of the issues resolved by the Court was whether a teacher, who is required to report instances of child abuse by statute, should be considered an agent of law.....
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SED Guidance for Evaluating Students with High Cognition
June 11, 2015
This memorandum provides you with an update of our June 3, 2015 memo entitled, "Twice Exceptional Students and Specific Learning Disabilities" (see attached). The New York State Education Department ("SED") recently issued a Field Advisory on the same issue regarding public school district obligations to evaluate all students suspected of having a disability.....
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Twice Exceptional Students and Specific Learning Disabilities
June 3, 2015
This memorandum provides you with information contained in a recent United States Department of Education, Office of Special Education and Rehabilitative Services ("OSEP") letter concerning twice exceptional students (Letter to Delisle). Twice exceptional, or "2E," refers to students who are both gifted (i.e., possessed with very superior cognitive ability.....
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Selecting and Appointing Impartial Hearing Officers
May 6, 2015
This memorandum provides you with information contained in a recent New York State Education Department ("SED") Special Education Advisory regarding the selection and appointment of Impartial Hearing Officers ("IHOs"). As you know, each school district must keep a rotational selection list of IHOs that have been approved by the Board of Education.....
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New APPR Laws under the "Education Transformation Act of 2015"
April 30, 2015
This memorandum is the third in our series of client memoranda that will provide information about new laws that were enacted as part of the 2015-2016 State Budget, which was adopted on April 1, 2015 (S.2006-B/A.3006-B). As you know, the 2015-2016 Budget included the "Education Transformation Act of 2015" ("Act"). Among other things, the Act included a.....
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Update: SED Statement on New Probationary Term Provisions
April 23, 2015
Earlier this week, we sent out a memorandum that discussed the probationary term periods for newly hired teachers under the "Education Transformation Act of 2015" ("Act").1 As you know, under the new law, probationary teachers who are appointed on or after July 1, 2015 shall be appointed to a probationary period of four (rather than three) years.....
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View April SED Statement
Additional Information Regarding the New Tenure Laws
April 21, 2015
This memorandum is the second in our series of client memoranda that will provide information about new laws that were enacted as part of the 2015-2016 State Budget (S.2006-B/A.3006-B). As you know, the 2015-2016 Budget included the "Education Transformation Act of 2015" ("Act"), which, among other things, provides school districts with.....
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Updated Student Enrollment Regulations
April 16, 2015
This memorandum is to inform you about the latest amendments to the Commissioner's Regulations regarding student residency, registration and enrollment. As you may recall, on December 16, 2014, the Board of Regents adopted several major amendments to these Regulations as an emergency measure. On April 14, 2015, the Board of Regents adopted yet.....
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New Tenure Laws under the "Education Transformation Act of 2015"
April 10, 2015
This memorandum is the first in our series of client memoranda that will provide information about new laws that were enacted as part of the 2015-2016 State Budget, which was adopted on April 1, 2015 (S.2006-B/A.3006-B). The 2015-2016 Budget included the "Education Transformation Act of 2015" ("Act"), which is designed to implement significant.....
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New Regulations Regarding Epinephrine Auto-Injectors
April 1, 2015
This client memorandum provides information about the provision, maintenance and use of epinephrine auto-injectors, such as EpiPen or EpiPen Jr., in the school setting. As you may know, an epinephrine auto-injector is an automated delivery device that is approved by the U.S.Food and Drug Administration for injecting a measured dose of.....
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Revised FMLA Regulations
March 26, 2015
This memorandum is to inform you about revised Regulations that provide a new definition of "spouse" under the Family Medical Leave Act of 1993 ("FMLA"). As you may know, FMLA is a federal law that requires school districts to provide up to 12 weeks of unpaid leave to eligible employees for certain medical or family care purposes within a 12-month period.....
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View § 825.102 Definitions
Athletic Placement Process
March 24, 2015
This memorandum is to inform you about a revised athletic placement process for interscholastic athletics, effective for the Fall 2015 season. The New York State Education Department ("SED") recently issued a guidance document entitled "Athletic Placement Process for Interschool Athletic Programs." In that document, SED sets forth new and revised standards.....
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Effective Communication for Students with Hearing, Vision, or Speech Disabilities
March 9, 2015
This memorandum provides you with information regarding a recent "Dear Colleague" letter that was jointly issued by the United States Department of Justice ("DOJ") and the United States Department of Education, Office of Civil Rights ("OCR"). It summarizes the responsibilities of public school.....
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Information About Special Education Upon Entry to School
February 11, 2015
We recently issued a client memo entitled "Information About Special Education Upon Entry to School" that is attached again to this email for your review. The memo discussed an amendment to Section 4402 of the Education Law that requires school districts to notify parents of their right to.....
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View Sample Parent Letter
Information About Special Education Upon Entry to School
February 11, 2015
This memorandum provides you with information regarding the recent change in Section 4402 of the Education Law that will go into effect on July 1, 2015. This amendment will require public school districts to notify parents of student rights regarding referral and evaluation for.....
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Frequently Asked Questions regarding School Immunization Laws
February 9, 2015
This memorandum provides information about the State laws that require students to be immunized against certain diseases before they can enroll in public schools. As you may know, in New York, public schools must exclude students who have not been immunized in accordance with State vaccination.....
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ELL Students Federal Guidance
January 9, 2015
This memorandum provides information on recent federal guidance regarding English Language Learners ("ELLs").
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English Language Learners
January 7, 2015
This memorandum provides information on amendments to the Commissioner's Regulations, 8 N.Y.C.R.R. Part 154, regarding requirements for identifying and educating English Language Learners ("ELLs"), and new procedures for identifying ELLs as students with disabilities.....
Click to Read More about this client memo School Closings for Religious Holidays and Observances
December 26, 2014
This memorandum provides information regarding a recent amendment to Education Law §3210, which permits school districts to close on days where a large number of students will likely not be in attendance due to a religious holiday or observance. The new law was passed on December 17, 2014 and is effective immediately.......
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Student Enrollment Emergency Regulations
December 19, 2014
This memorandum is to inform you about new emergency State Regulations enacted to help ensure that children are admitted into public school in accordance with applicable federal and state laws. These Regulations were adopted by the Board of Regents as an emergency measure on December 16, 2014, and amend section 100.2(y) of the Commissioner's Regulations. The Regulations, intended to......
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Disease Outbreaks in the School Setting
December 2, 2014
This memorandum provides you with guidance to help school districts respond effectively in the event of a potential outbreak of a highly infectious disease, such as the ebola virus. As you may know, the State Department of Health ("DOH") and State Education Department ("SED") recently issued a related guidance document ("joint guidance"), which is enclosed for your convenience......
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Click to Read More about Guidance on the Ebola Outbreak
Obligations of Public Schools to Address Bullying of Students with Disabilities
November 18, 2014
This memorandum provides you with information contained in a recent "Dear Colleague" letter dated October 21, 2014 and issued by the United States Department of Education, Office of Civil Rights ("OCR"). Specifically, the letter discussed public schools' responsibilities in addressing bullying of students with disabilities.....
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Health Care Reform, Part XI: Reminders and Resolutions
November 12, 2014
This memorandum is the eleventh of our series of client memoranda that address the federal health care reform laws that have become known collectively as the Affordable Care Act ("ACA"). As you know, ASA has imposed major requirements on individuals, health insurance plans and "large employers," including.....
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Download BOE Resolution to Adopt ACA Look-Back Method Periods 2014-15 Annotated Version
Download BOE Resolution to Adopt ACA Affordability Safe Harbors 2014-15 Annotated Version 2
The Role of the Committee on Special Education in Relation to the Common Core Learning Standards
October 23, 2014
This memorandum provides you with information contained in a recent New York State Education Department ("SED") Special Education Field Advisory containing the role of the Committee on Special Education in Relation to the New York State P-12 Common Core Learning Standards ("Common Core").
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New York State Credential for Providers of Applied Behavior Analysis to Individuals with Autism Spectrum Disorder
October 8, 2014
On July 1, 2014, Education Law §8800 et seq. went into effect and created a new state credential for applied behavior analysis (ABA) providers. The credential permits providers with the necessary academic and training requirements to provide ABA services to individuals with autism spectrum disorders (ASD) in home and community settings.
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Preparation for 2015 Annual Election and Budget Vote
October 7, 2014
In accordance with Education Law §§2002(1) and 2022(1), your next Annual Meeting and Election is scheduled to be held on Tuesday, May 19, 2005, at which time your district's budget for the 2015-2015 school year will be voted on and candidates elected for positions on the Board of Education.
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Parent Bill of Rights
August 8, 2014
As you may be aware, as part of the Common Core Implementation Reform Act Education Law Section 2-d was adopted to insure the protection of student data. On July 29, 2014, the New York State Education Department ("SED") issued guidance regarding certain provisions of Education Law Section 2-d that school districts should be aware of.
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New Second Circuit Decision Regarding Retrospective Testimony in Impartial Hearings
July 31, 2014
Last summer, we distributed a memorandum about a Supreme Court ruling denying a request to review a Second Circuit Court of Appeals ("Second Circuit" or "the Court") decision in a case with a significant impact on Individualized Education Program ("IEP") development.
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SED Q&A Regarding Impartial Hearing Procedures
May 16, 2014
The State Education Department ("SED") has released a Q&A document concerning the amendments to the Regulations concerning Impartial Hearing Procedures.
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Download Impartial Hearing Procedures Q&A
2014-2015 State Budget Amendments and Education-Related Reforms
May 9, 2014
The attached client memorandum provides information about three different areas of the new 2014-2015 State Budget legislation that directly affect school districts. Specifically, this memorandum covers:
(1) the new "Real Property Tax Freeze Credit" (pps. 2-6);
(2) the new "Common Core Implementation Reform Act" (pps. 6-8); and
(3) new laws seeking to protect the privacy of student data (pps. 8-11).
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Consent for the Initial Provision of Extended School Year ("ESY") Services
May 1, 2014
The New York State Education Department has revised the mandatory Procedural Safeguards Notice to make it consistent with the amendment to the Education Law, which removed the requirement that the District obtain a separate parental consent prior to the initial provision of ESY services to a child.....
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Download Procedural Safeguards Notice April 2014
Student Elopement-Updated Guidance From SED
April 21, 2014
This Memorandum is to inform you of a recent Field Advisory Memo from SED, which updates its November 2013 Field Advisory Memo concerning student elopement. Based upon the updated guidance, we have enclosed the revised policy regarding.....
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Download Special Education Field Advisory
Placements of Students with Disabilities in Approved Out-of-State Residential Schools
April 11, 2014
This memorandum is to inform you about a recent favorable decision from the United States Court of Appeals for the Second Circuit, which ruled that the Board of Education of the City of New York ("Board")1 may bar religious.....
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Placements of Students with Disabilities in Approved Out-of-State Residential Schools
April 4, 2014
As you are developing IEPs for the 2014-2015 school year, you may be considering out-of-State residential placements. This memorandum is to remind you of the District's responsibility to submit timely requests for.....
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SRO Decision - Requests for Independent Educational Evaluations
March 20, 2014
This memorandum provides you with information concerning a recent decision from the Department of Education's Office of State Review ("SRO") concerning requests for Independent Educational Evaluations ("IEE").....
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Legal Presentation on the Family and Medical Leave Act ("FMLA") and the Americans with Disabilities Act Amendments Act ("ADAAA")
March 7, 2014
This memorandum is to advise our clients that, on Tuesday, March 4, 2014, Christie R. Jacobson presented an in-depth legal seminar entitled, "The Family and Medical Leave Act ('FMLA') and the Americans with Disabilities Act Amendments Act ('ADAAA')," for the Long Island Association of School.....
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Download FMLAA and ADAAA Presentation Outline
Nassau County Tax Certiorari Proceedings - Court of Appeals Decision
February 18, 2014
We are pleased to inform you that the New York State Court of Appeals has rejected Nassau County's attempt to repeal the County Guaranty. In the attached decision issued earlier today, the Court affirmed the Appellate Division's decision that the County overstepped its authority by purporting to.....
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Download Court of Appeals Decision
Amendments to the Regulations Governing Impartial Due Process Hearings
February 6, 2014
This memorandum is to inform you that effective February 1, 2014, the Regulations of the Commissioner of Education concerning Impartial Due Process Hearings have been amended. The amendments address the following: certification and appointment of IHOs, consolidation of multiple due process.....
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Veterans' Exemption - Public Notice Requirements
February 6, 2014
On January 17, 2014, we sent a memorandum containing information about the Veterans Exemption. This memorandum is an addendum addressing the procedures to be followed for holding the requisite public hearings.....
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Veterans' Exemption
January 17, 2014
This memorandum is to inform you of an amendment to the Real Property Tax Law that allows boards of education to extend various tax exemptions to certain property owners based on military service.....
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Latest Legal Publication
January 15, 2014
Enclosed please find a copy of the latest article published by Frazer & Feldman, LLP, associate Christie R. Jacobson, Esq. The article is entitled, "Who is an "Applicable Large Employer" Under the Affordable Care Act?" It is featured in the January 2014 Edition of the Nassau Lawyer, which contains.....
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Download "Who is an "Applicable Large Employer" Under the Affordable Care Act?" Article
SRO Decision - ELIJA School Defeated As Overly Restrictive
January 14, 2014
This memorandum is to inform you of a recent, highly favorable Office of State Review ("SRO") decision received by this office, determining that a District's recommended special education program of individualized instruction for a student with autism.....
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Recommended Responses to Boycotting of Student Assessments
December 18, 2013
This memorandum provides information about the broad authority of school districts to require students to participate in state and local assessments, as well as the potential consequences that may befall districts that fail to obtain adequate student.....
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Special Education Field Advisory
November 21, 2013
Tragically, a young student with autism wandered from his school building during the school day in New York City and remains missing. In light of this, I would like to take this opportunity to remind all public and private schools servicing students with disabilities.....
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Student Elopement
November 20, 2013
This memorandum is to inform you of a recent New York State Education Department Field Advisory regarding "Health and Safety Precautions for Students With Disabilities," issued on light of recent elopement case involving a New York City student with autism......
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Superstorm Sandy Assessment Relief Act - Update
November 15, 2013
We have prepared this update for our Nassau County school district clients in light of recent correspondence concerning the Nassau County Assessor's opinions on the Assessment Relief Act and the County Guaranty. James Davis, the Acting County Assessor, has urged all.....
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Superstorm Sandy Assessment Relief Act
November 13, 2013
We have prepared this memorandum to provide our school district clients with information and guidance on the Superstorm Sandy Assessment Relief Act (Chapter 424, Laws of 2013) which was signed into law by Governor Cuomo on October 22, 2013. The Act provides.....
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Download Summary of Legislation Superstorm Sandy Assessment Relief Act
Legal Loop
November 12, 2013
On Thursday, October 31, 2013, 25 Special Education Administrators from many of our school district clients convened for the first in a series of roundtable discussions regarding the latest special education issues (the "Legal Loop").....
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Annual District Election and Budget Vote Seminar - Save the Date
November 4, 2013
This is to inform you that we will be holding a seminar on School District Elections for all Superintendents, Administrators, Board of Education members and District Clerks who would like to attend.....
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Preparation for 2014 Annual Election and Budget Vote
October 1, 2013
In accordance with Sections 2002(1) and 2022(1) of the Education Law, your next Annual Meeting and Election is scheduled to be held on Tuesday, May 20, 2014 at which time your district's budget for the 2014-2015.....
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Health Care Reform, Part IX: ACA Exchange Notice FAQs
September 24, 2013
This memorandum is the ninth of our series of client memoranda that address the recent federal health care reform laws, which have become known collectively.....
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Modification of AIS Regulations in Light of Results of Latest State Testing
September 20, 2013
This memorandum provides information about a September 17, 2013 amendment to the Commissioner's Regulations concerning Academic Intervention Services ("AIS")......
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CPSE Additional Parent Member - Amendment to the Education Law
September 4, 2013
This memorandum provides information about a recent amendment to the Education Law. As you know, effective August 1, 2012, the Education Law was amended to remove the requirement that committees.....
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Bullying of Students with Disabilities
September 3, 2013
This memorandum is to inform you of a recent Dear Colleague Letter from the Department of Education's ("DOE") Office for Civil Rights ("OCR"). The purpose of the Dear Colleague Letter is to remind school districts of.....
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Requests for Disclosure of APPR-Related Records
August 23, 2013
Now that the State Education Department ("SED") has released the results of the April 2013 state assessments that were needed to finalize annual professional performance reviews ("APPRs") for the 2012-2013 school year.....
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IEP development in light of recent Supreme Court action denying certiorari
August 22, 2013
This memorandum is to inform you of a recent Supreme Court decision denying a request to review a Second Circuit Court of Appeals ("Second Circuit" or "the Court") decision in a case which has a significant.....
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Health Care Reform, Part VIII: The ACA Exchange Notice
August 21, 2013
For your convenience, enclosed please find the Word version of our "F&F Revised Model Exchange Notice" ("Exchange Notice"). This is identical to the PDF version that was part of our August 15, 2013.....
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Download New Health Insurance Exchange Coverage Options
Education and Rehabilitative Services
August 20, 2013
The U.S. Department of Education's Office of Special Education and Rehabilitative Services (OSERS) is committed to working with States to ensure that school districts provide all children with.....
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Parental Consent for the Use of Public Benefits or Insurance; and Procedural Safeguards Notice
August 20, 2013
This memorandum is to inform you of new requirements regarding (1) obtaining parental consent prior to billing Medicaid and other public insurance benefits for special education services, and.....
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Health Care Reform, Part VIII: The ACA Exchange Notice
August 15, 2013
This memorandum is the eighth of our series of client memoranda that address the recent federal health care reform laws, which have become known collectively as the Affordable Care Act ("ACA").....
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New PERB Decision Regarding NYSHIP Buyouts
August 9, 2013
This memorandum provides information about a new administrative decision issued by the New York State Public Employment Relations Board ("PERB"), holding that school districts must collectively.....
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Career Development and Occupational Studies Commencement Credential
July 5, 2013
This memorandum is to inform you of a recent addition to the Regulations of the Commissioner of Education that establishes a new highs school exiting credential for students with disabilities.....
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Uniform Notice of Claim Act
July 5, 2013
This memorandum provides new information about the "Uniform Notice of Claim Act" ("Act"), which was recently amended. As you may know a Notice of Claim is a notice that.....
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Download Model Resolution
Health Care Reform, Part VII: Delayed Implementation of Employer Mandate
July 3, 2013
This memorandum provides critical new information with regard to the recent federal health care reform laws that have become known collectively as the Affordable Care Act ("ACA").1 As you know.....
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DASA Regulation Updates
June 18, 2013
This memorandum provides information about the latest Regulations implementing the "Dignity For All Students Act" ("DASA"), Chapter 482 of the Laws of 2010, adding Education Law §§10-18.....
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DASA Codes of Conduct Guidance
June 17, 2013
The New York State Education Department (NYSED) and the Dignity Act Task Force Local Policy and Implementation Work Group developed this guidance document to help schools, districts and BOCES in.....
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Free Legal Seminar on Health Care Reform: Presentation Handouts
June 14, 2013
Enclosed please find the presentation handouts that were provided to our school district clients at our recent legal seminar held on Wednesday, June 14, 2013, which addressed the federal health care reform laws.....
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Download Health Care Reform For School Districts under The Affordable Care Act ("ACA")
Download General Guidelines for Applying the "Look-Back Measurement Method"
Health Care Reform, Part VI: Applying the "Look-Back Measurement Method"
June 12, 2013
This memorandum is the sixth of our series of client memoranda that address the recent federal health care reform laws, which have become known collectively as the Affordable Care Act ("ACA").....
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Budget Re-vote
May 15, 2013
This memorandum will provide you with the options available to the Board of Education should the budget be defeated by the voters on May 21, 2013. As in previous years, the Board may.....
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Free Legal Seminar on Health Care Reform
May 3, 2013
We are pleased to announce that our office will present a free legal seminar addressing the recent federal health care reform laws known as the Affordable Care Act ("ACA"). As you are aware, ACA seeks to expand access to affordable health insurance coverage, and is.....
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Continuation of Expired APPR Plans
April 22, 2013
This memorandum provides information about a recent amendment to New York State Education Law §3012-c, which governs the annual professional performance review ("APPR") system for.....
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Health Care Reform, Part IV: Non-Discrimination and Administrative Duties
April 17, 2013
This memorandum is the fourth of our series of client memoranda that will provide information about recent federal health care reform laws, which have become.....
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"Opting Out" of State Assessments
April 11, 2013
There has been a great deal of publicity about the recent movement by some parents to have their children "opt out" of the upcoming state assessments, and some confusion among.....
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Health Care Reform, Part III: What Type of Coverage is Required?
April 5, 2013
This memorandum is the third of our series of client memoranda that will provide information about recent federal health care reform laws, which have become.....
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Health Care Reform, Part II: Which Employers and Employees are Covered?
March 29, 2013
This memorandum is the second of our series of client memoranda that will provide information about recent federal health care reform laws, which have become.....
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Health Care Reform and School Districts: Part 1
March 22, 2013
This memorandum is the first of our series of client memoranda that will provide information about recent federal health care reform laws, which have become.....
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Permanent Adoption: Amendment to 34 C.F.R. §300.154(d) of the Federal Regulations - Parental Consent to Access Public Benefits or Insurance (Medicaid)
March 20, 2013
This memorandum is to inform you that effective March 18, 2013, the amendments to the federal regulations (34 C.F.R. §300.154[d]) relating to parental consent to bill Medicaid for Medicaid reimbursable related services.....
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Nassau County Tax Certiorari Proceedings – Appellate Division Decision
March 1, 2013
As you know, on February 27, 2013, the Appellate Division, Second Department, handed down a unanimous decision overturning the lower court's ruling and invalidating the County Law that sought to repeal the County Guaranty.....
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FERPA and Foster Care Students
January 28, 2013
This memorandum is to inform you of a recent change to the Family Educational Rights and Privacy Act of 1974 ("FERPA") that relates to the disclosure of education records of students who are in foster care. Generally.....
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Permanent Adoption: Amendment to Section 100.5 of the Regulations of the Commissioner of Education - Compensatory Score Option
January 15, 2013
This memorandum is to inform you that the Amendment to Section 100.5 of the Regulations of the Commissioner of Education ("Regulations") governing Safety Net Options for students with disabilities has been approved for permanent......
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Observations of Parentally Placed Classified Students
January 14, 2013
The U.S. District Court for the Southern District of New York issued a decision on January 2, 2013, which prompts us to highlight CSE responsibilities regarding on-site observations of classified students unilaterally placed.....
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FOIL Requests for Voter Lists
January 11, 2013
This memorandum provides information about Freedom of Information Law ("FOIL") requests for the disclosure of voter lists from previous school years. Generally, under FOIL, such voter lists must be disclosed.....
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Nassau County Tax Certiorari Proceedings Update
December 20, 2012
As you know, on November 28, 2012 our office held a seminar for our clients with David H. Stonehill, an attorney with substantial experience with real property tax law and real estate assessment. Mr. Stonehill discussed the.....
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Transportation Services for Homeless Students Attending Nonpublic Schools
November 27, 2012
This memorandum is to advise you of a new position taken by the State Education Department ("SED") with regard to transportation services for homeless students attending nonpublic schools.....
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Appellate Division Decision on Student Discipline and First Amendment Rights
November 15, 2012
We are pleased to inform you of a favorable decision received from the Third Department of the New York State Supreme Court's Appellate Division ("Appellate Division"), in which this office.....
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Impartial Due Process Hearings in the Aftermath of Hurricane Sandy
November 9, 2012
As a follow-up to our November 8, 2012 memorandum, Homeless Students with Disabilities, this memorandum summarizes a recent Question and Answer ("Q&A") guidance document from the State Education Department ("SED") regarding.....
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School Calendar and Minimum Session Requirements
November 8, 2012
Due to the disruption caused by Hurricane Sandy, many school districts are struggling to rearrange their calendars to make up their missed school days. Further, as we enter into the winter season, it is likely that many.....
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Amendment to Section 100.5 of the Regulations of the Commissioner of Education - Compensatory Score Option
November 5, 2012
This memorandum provides important information regarding the emergency adoption of an amendment to the Regulations of the Commissioner of Education ("Regulations") relating to the safety net options for students with.....
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Registration of Homeless Students
November 5, 2012
In recognition of the recent displacement of many students and families caused by "superstorm" Sandy, this memorandum provides an overview of student protections provided.....
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State Policy on Use of Cell Phones and Electronic Devices During State Assessments
November 1, 2012
This memorandum provides information about a recently adopted State Policy concerning the use of cell phones and other communication devices during New York State assessments.....
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New Second Circuit Guidance on Tuition Reimbursement
October 22, 2012
This memorandum provides important information regarding a recent, precedent setting decision from the Second Circuit Court of Appeals, the federal appeals court with jurisidicion.....
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Parental Revocation of Consent to Individual Services
October 15, 2012
Several of our clients have inquired recently about whether parents have the right to approve certain IEP services and reject others.
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Preparation for 2013 Annual Election and Budget Vote
October 1, 2012
In accordance with Sections 2002(1) and 2022(1) of the Education Law, your next Annual Meeting and Election is scheduled to be held on Tuesday, May 21, 20131 at which time your district's budget for the 2013-2014 school year will be voted on and candidates elected for.....
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Iran Divestment Act of 2012
September 28, 2012
On August 10, 2012 the NYS Office of General Services ("OGS") published on its website, the first list of "persons" who have been determined to be engaged in investment activities in Iran.1 These are the entities which.....
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DASA Incident Reporting
September 12, 2012
This memorandum provides information about the latest Regulations implementing the "Dignity For All Students Act" ("DASA").1 As you know, DASA seeks to provide elementary and secondary students with a safe and supportive school environment that is.....
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DASA Dignity Act Coordinator
August 22, 2012
This memorandum is to remind you of each school district's responsibilities with respect to the Dignity Act Coordinator ("DAC") as required by the "Dignity For All Students Act" ("DASA").
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New Guardianship Decision
July 27, 2012
We are pleased to share a recent decision, In re Bianca B.1, wherein the Appellate Division, Second Department ("Appellate Division"), granted the school district's motion to deny a guardianship petition that was filed for the improper purpose of.....
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New DASA Amendments
July 12, 2012
This memorandum provides information about the most recent amendments to the "Dignity For All Students Act" ("DASA"). 1 As you know, DASA seeks to provide elementary and high school students with a safe and supportive school environment free from.....
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Concussion Management Regulations
July 5, 2012
This memorandum is to inform you about new Regulations that implement the Concussion Management and Awareness Act ("Act"), which became effective July 1, 2012. See Education Law §305(42). As you may know, the Act directed the Commissioner.....
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APPR Litigation and SED Advisory Letter
June 18, 2012
This memorandum provides new information related to the submission of annual professional performance review ("APPR") plans to the State Education Department ("SED") in accordance with Education Law.....
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Updated DASA Model Policies
May 18, 2012
Enclosed within this memorandum are two model policies to help districts implement the "Dignity For All Students Act" ("DASA") and its implementing Regulations by July 1, 2012. See Chapter 482 of the Laws of.....
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Florence Frazer and Jack Feldman Named "Top Legal Eagles" in 2012
April 4, 2012
We are proud to announce that two of our partners, Florence Frazer and Jack Feldman, were honored – once again in 2012! – by the Long Island Pulse Magazine for their contributions to the field of education law.....
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Adapted Physical Education Annual Goals
April 3, 2012
As you are developing IEPs for the 2012-2013 school year, you may be considering recommending adapted physical education ("APE") for certain students. This memorandum is to remind you of.....
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New APPR Regulations
April 2, 2012
This memorandum provides an overview of the latest amendments to Subpart 30-2 of the Commissioner's Regulations that were adopted on March 20, 2012 in order to conform to the latest amendments to.....
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Key APPR Deadlines
March 23, 2012
This memorandum lists the key deadlines found in the latest proposed amendments to New York State Education Law §3012-c, which established the new annual professional performance review ("APPR") for.....
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Records Scheduled for Discussion at Open Meetings
February 21, 2012
This memorandum provides new and updated guidance regarding Public Officers Law §103(e), which now requires the prior disclosure of records that are scheduled to be discussed at open meetings, including.....
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Revised New York State Procedural Safeguards Notice: Rights for Parents of Children with Disabilities, Ages 3-21
January 20, 2012
This memorandum is to inform you that the New York State Education Department ("SED") has recently released a revised mandatory Procedural Safeguards Notice. As you may know, effective July 1, 2005, federal and State law required that.....
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Property Tax Cap and Transportation
January 10, 2012
This memo is in response to the questions which have been raised by school districts regarding the effect of a voter proposition (or a proposition placed on the ballot by the Board of Education) requiring an expenditure which, if approved, would result in.....
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Freedom of Information Law ("FOIL") Update
January 9, 2012
This memorandum provides information about a recent amendment to the New York State Freedom of Information Law ("FOIL") that was signed into law on January 3, 2012. Effective February 3, 2012, FOIL will require school boards and other public agencies to.....
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New FERPA Amendments
January 3, 2012
This memorandum is to inform you of changes to the Family Educational Rights and Privacy Act of 1974 ("FERPA") Regulations. Generally, FERPA prohibits school districts from disclosing personally identifiable information about students from.....
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Preparation for 2012 Annual Election and Budget Vote
October 6, 2011
In accordance with Education Law §§2002(1) and 2022(1), your next Annual Meeting and Election is scheduled to be held on Tuesday, May 15, 2012 at which time your district's budget for the 2012-2013 school year will be voted on and candidates elected for positions on the Board of Education. This memorandum is intended to.....
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Recent Federal Court Decision (Special Education Appeal Dismissed)
September 12, 2011
The purpose of this memorandum is to inform you of a recent favorable decision from the United States District Court for the Eastern District of New York, dismissing a special education appeal brought by the parents of a middle school student wherein our office defended one of our school district clients. The Court found.....
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APPR Plans and Application to Principals
September 2, 2011
This memorandum provides additional information about Education Law §3012-c and its implementing Regulations, which establish a new annual professional performance review ("APPR") system for teachers and principals.....
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Court Decision Invalidates Parts of the New APPR Regulations
August 25, 2011
This memorandum is to inform you about the court decision in the recent lawsuit filed by the New York State United Teachers ("NYSUT") Union, which challenged the State Regulations pertaining to teacher evaluations.....
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Rubric Variance Application for the New APPRs
August 22, 2011
This memorandum provides additional information about the new annual professional performance review ("APPR") system for teachers and principals established by.....
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Title I ARRA Allocation Status
August 11, 2011
With the close of the project period for most American Recovery and Reinvestment Act (ARRA@) programs, including ARRA Title I, we are reminding you of the need to expeditiously claim and expend any ARRA funds that have been allocated to your school district and.....
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Rubric Variance Process for New APPRs
July 29, 2011
This memorandum provides additional information about Education Law §3012-c and its Regulations, which establish a new annual professional performance review.....
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Transportation Mandate Relief
July 27, 2011
This memorandum provides additional information about the recent legislation that, along with capping the growth of school taxes, includes mandate relief in.....
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