Broadcasting Board Meetings with Ex Officio Student Members
June 10, 2025
We previously informed clients about a new law requiring each school board to have at least one ex officio student board member. The new law takes effect on July 1, 2025. On May 28th, the State Education Department (“SED”) disseminated a brief memorandum, which noted that districts are permitted to broadcast and video record board meetings that include the ex officio student board member in the video. Contact our office for this client memo.
Receipt of Ten-Day Notice Letters
June 8, 2025
As you prepare for the 2025-2026 school year, districts may begin to receive ten-day notice letters from the parents of students classified with a disability who reside in-District. These letters advise the district that the parents are unilaterally placing their child at a private school and will be seeking tuition reimbursement from the district. A parent should provide this statutory notice to the district at least ten business days prior to enrolling their child in a private school, and indicating that the parent intends to do so at the district's expense. The ten-day notice letter is a prerequisite to the parents filing for due process. The ten business days include all weekdays Monday through Friday, including weekdays during the summer, except for federal and state holidays. Contact our office for this client memo.
Guidance on Harassment and Bullying at Board Meetings
June 3, 2025
On May 8, 2025, the New York State Education Department (“SED”) and Office of the Attorney General for the State of New York (“OAG”) released joint guidance reminding board members of their duty to conduct board meetings in a manner that respects the dignity of all students, including LGBTQ students.1 The guidance notes that board members who permit the harassment of LGBTQ students, or create a hostile school environment, expose their district to civil liability under the Gender Expression Non-Discrimination Act (“GENDA”) and other civil rights laws in New York. Contact our office for this client memo.
Ex Officio Student Board Members
May 27, 2025
We previously informed clients in September, 2024, about a new law requiring each school board to have at least one ex officio student board member. This memorandum is a reminder that the new law takes effect on July 1, 2025. Contact our office for this client memo.
Suspending Certifications of Individuals who Commit a Sex Offense
May 27, 2025
New regulations from the State Education Department (“SED”) went into effect on May 21, 2025, which allow SED to suspend the certifications of a teacher, provider or administrator on an interim basis, for a sex offense based on a preponderance of the evidence. Under the new section 83.7 of the Commissioner's Regulations, superintendents or school district officials can make a referral to SED for an interim suspension of an individual's certification based on a criminal conviction, decision, order or judgment of a court, the findings of a 3020-a hearing officer, an admission from the individual, or sworn witness statements that the individual engaged in a sex offense. The referral cannot consist solely of uncorroborated hearsay statements. Contact our office for this client memo.
IEP Compliance Deadlines
May 22, 2025
This memorandum is a reminder to districts of upcoming compliance deadlines for completing Individualized Education Programs (“IEPs”) for students classified with a disability, and providing copies to parents. Under the Individuals with Disabilities Education Act (“IDEA”) and the Commissioner's Regulations, districts are required to provide parents with a copy of their children's IEP prior to the start of the school year. Further, parents should receive a copy of the IEP several days before the start of the school year so that they have a chance to review and consider the recommendations of the Committee on Special Education (“CSE”). For students eligible for extended school year services over the summer, the CSE is required to provide parents with a copy of the IEP at least several days before the start of the summer program. Contact our office for this client memo.
Medicaid Fraud Hotline Update
May 14, 2025
As you are aware, school districts are obligated to provide a confidential disclosure mechanism for employees to report Medicaid fraud or inappropriate practices anonymously, which must include contact information for the New York State Medicaid Compliance Officer. Currently, the Office of the Medicaid Inspector General (“OMIG”) is responsible for handling fraud reports on behalf of the NYS Medicaid Compliance Officer. Contact our office for this client memo.
Election Day Instructions
May 13, 2025
This memorandum will reiterate election instructions for you and your election personnel on May 20, 2025. You may either orally review or distribute to your election worker the material following this page, entitled "Instructions for Election Workers," and/or modify the document to fit your needs. If you face an election challenge, the fact that you provided clear and precise instructions to your election workers on matters including the canvassing of absentee and early mail ballots will go a long way in defending the integrity of the election. Contact our office for this client memo.
Piggybacking Law Update for Public Works Projects
May 13, 2025
The Comptroller's Office released a bulletin in March 2025 citing a recent state supreme court decision, Matter of Lynch v. Board of Education of Maine-Endwell Central School District,1 which “holds that the use of the piggybacking exception set forth in General Municipal Law (GML) §103(16) is not available for public works, public works contracts, and public works projects.”2 We have prepared this memorandum to provide guidance and recommendations regarding the decision's implications for a school district's use of piggybacking for public works contracts and projects. Contact our office for this client memo.
New Law on Smartphone Ban in Schools
May 12, 2025
As part of the enacted New York State budget for the 2026 Fiscal Year, which was passed on May 8, 2025, Governor Hochul and the state legislature enacted a new law providing for a bell-to-bell cell phone ban on school grounds during the school day. The prohibition applies to any internet-enabled device, including smartphones, smartwatches, and tablets. The cell phone ban applies during all instructional classes and non-instructional time, such as homeroom period, lunch and recess, study halls, and time between classes. It applies to district buildings, athletic fields, and playgrounds located on school grounds. Contact our office for this client memo.
FERPA Guidance from US DOE
May 9, 2025
On March 28, 2025, the U.S. Department of Education's “(DOE”) Student Privacy Policy Office (“SPPO”) and Secretary Linda McMahon released a letter to superintendents of school districts reminding districts of their responsibility to annually notify parents of their rights under the Family Educational Rights and Privacy Act (“FERPA”). FERPA gives parents the right to access the educational records of their children within 45 days of their request. It requires that the parents' written consent is obtained before the district discloses personally identifiable information about their child unless authorized by law. Parents also have the right to request an amendment of the student's records that the parents believe is inaccurate, misleading or otherwise violates the student's privacy rights. Contact our office for this client memo.
Least Restrictive Environment for Students with Disabilities
May 5, 2025
This is a reminder to districts about the requirement that students classified with a disability under the Individuals with Disabilities Education Act (“IDEA”) must be placed in the least restrictive environment (“LRE”). The LRE refers to a disabled student's opportunities to interact with typical peers in their school programs. Under IDEA and the Commissioner's Regulations, the student's LRE includes: (1) the special education needed by the student; (2) education of the student to the maximum extent appropriate with non-disabled peers; and (3) in a program as close as possible to the student's home. Contact our office for this client memo.
Budget Re-vote
May 1, 2025
This memorandum will provide you with the options available to the Board of Education should the budget be defeated by the voters on May 20, 2025. 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. Contact our office for this client memo.
Campaigning and Electioneering Guidance
April 28, 2025
In preparation for the upcoming school district election and budget vote on May 20, 2025, we are sending this memorandum to remind school districts of the parameters governing participation in the election process. Contact our office for this client memo.
Executive Order on Student Discipline
April 25, 2025
This memorandum is to inform you of a recent Executive Order signed by President Trump on April 23, 2025, which will affect future student discipline in K-12 schools. According to U.S. Secretary of Education Linda McMahon, the intent of the Executive Order is to base student disciplinary standards solely on student behavior and actions, without consideration of racial quotas. Contact our office for this client memo.
Update on Alternately Assessed Students
April 21, 2025
We previously advised clients about the eligibility criteria for students classified with a disability to be alternately assessed, and when and how alternate assessments should be recommended on a student's Individualized Education Program (“IEP”). On March 28, 2025, the State Education Department (“SED”) released updated guidance on alternately assessed students, including a new Decision-Making Tool for Committees on Special Education (“CSEs”) (attached). Contact our office for this client memo.
Attestation of Literacy Instructional Best Practices
April 17, 2025
We previously informed clients about a new state law and regulations from the State Education Department (“SED”) related to instructional best practices in reading.1 The law requires districts to annually review their reading curriculum and instructional practices for prekindergarten through third grade.2 Superintendents must verify through an attestation form in SED's Business Portal, that their district's curriculum aligns with SED's best practices for the science of reading by September 1, 2025. Contact our office for this client memo.
Local Diploma Determinations by Superintendents
April 15, 2025
In March, 2025, the State Education Department (“SED”) updated its form for superintendents to use when approving or denying a parent's request for a local diploma on behalf of a child classified with a disability. The local diploma option is only available to classified students with an Individualized Education Program (“IEP”). It does not apply to students with a 504 accommodation plan under Section 504 of the Rehabilitation Act of 1973, and does not apply to students who have been declassified by the Committee on Special Education (“CSE”). Contact our office for this client memo.
Update on FAPE Entitlement to Age 22
April 8, 2025
We previously advised clients on July 14, 2023 and November 14, 2024 about the status of students classified with a disability who turn 21 years of age. This memorandum provides an update based upon a new court decision in Mahopac Central School District v. NYSED. In SED's July 6, 2023 Formal Opinion of Counsel, SED advised school districts that the Individuals with Disabilities Education Act (“IDEA”) extends eligibility for a free appropriate public education (“FAPE”) to classified students until receipt of a high school diploma or their 22nd birthday, whichever comes first. As such, SED advised that public schools in New York must provide “special education and related services to resident students with disabilities until age 22, or the day before the student's 22nd birthday.” This was a change in the interpretation of the law, as prior to that time, students were entitled to be educated until the end of the school year in which they reached the age of 21. SED also recommended that school districts consider providing special education programs and services through the end of the school year in which the student turns 22, unless the student receives a diploma prior to age 22. Contact our office for this client memo.
U.S. DOE Certification Demand of Title VI
April 7, 2025
We previously informed clients about a Dear Colleague Letter issued by the U.S. Department
of Education's (“DOE”) Office for Civil Rights (“OCR”), regarding its new interpretation of Title VI of the Civil Rights Act. The letter warned districts and state education departments that they risk losing federal funding if they “[treat] students differently on the basis of race to achieve nebulous goals such as diversity, balancing, social justice, or equity”. Contact our office for this client memo.
April 1st Transportation Deadline
March 26, 2025
This memorandum is a reminder to districts that parents who parentally place their children at private schools and request busing from the district must do so before the April 1st transportation deadline. Under section 3635 of New York State Education Law, districts are required to provide transportation to parentally placed students who attend private schools located within 15 miles of the district when requested by parents. The 15-mile distance is “measured by the nearest available route between [the student's] home and school.” Districts are not required to provide transportation on days the district's schools are closed. Contact our office for this client memo
Residency Investigations and Determinations
March 18, 2025
Over the past year, we have assisted several of our district clients with their residency investigations and determinations regarding how and when to exclude students who are found to be non-residents. The New York Attorney General's Office has also recently reviewed residency policies from districts to determine compliance with state law. This memorandum provides an overview of how to conduct effective student residency investigations, and what due process rights the parents have in a residency dispute. Contact our office for this client memo
Regents Exemptions
March 17, 2025
On March 10, 2025, the Board of Regents adopted an emergency regulation to allow superintendents of schools to grant exemptions from required diploma assessments, including required Regents exams, for students who experience a major life event. The emergency regulation took effect on March 11, 2025, and is expected to be permanently adopted at the July, 2025 meeting of the Board of Regents.
Contact our office for this client memo
U.S. DOE Guidance on Racial Preferences
March 12, 2025
We previously advised clients about guidance issued by the U.S. Department of Education's Office for Civil Rights (“OCR”) prohibiting the use of racial preferences, and President Trump's Executive Orders to ban diversity, equity and inclusion (“DEI”) policies by school districts. On February 28, 2025, OCR issued further guidance in a Frequently Asked Questions document, (“FAQ”) discussing its interpretation of Title VI of the Civil Rights Act of 1964 (“Title VI”). Title VI prohibits discrimination under federally assisted programs on the basis of race, color or national origin.
Contact our office for this client memo
School Refusal from Students with Disabilities
March 11, 2025
Over the past year, we have seen an increase in the number of due process filings from parents of students with disabilities who avoid or refuse to attend school. Under the Individuals with Disabilities Education Act (“IDEA”), the Committee on Special Education (“CSE”) should address a student's school refusal in an IEP in order to provide that student with a free appropriate public education (“FAPE”). A recent court case in New York held that the CSE must develop a concrete plan in a student's IEP to address a student's school refusal. This memorandum provides options for how CSEs may address a student's refusal through special education services, and strengthen the IEP to prepare for a potential due process hearing.
Contact our office for this client memo
3020-a Newsday FOIL
March 5, 2025
As many of you may know, a Freedom of Information Law (“FOIL”) request from Jim Baumbach, an investigative reporter for Newsday, has circulated to many districts across Long Island. Specifically, the request seeks: “a copy of all 3020-a hearing officer opinions and awards since 1/1/2023.” If you have received this request and have not been in contact with our office, please notify us as soon as possible.
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Requests to Add Propositions to Annual School District Ballot to Support a “Museum”
March 5, 2025
We have received reports of “museums” in Nassau and Suffolk Counties seeking to add propositions to annual school district budget votes to provide financial support in the same way public library budgets are currently supported. Should your District receive such a request, we ask that you contact us immediately.
Contact our office for this client memo
Evaluations and Reports for CSE Meetings
March 3, 2025
Over the past year, we have received questions from districts seeking guidance about which evaluations and assessments the Committee on Special Education (“CSE”) should administer for students with disabilities. This memorandum provides options for districts as to which evaluations to conduct for an initial evaluation or reevaluation, and which reports to review at CSE meetings.
Contact our office for this client memo
U.S. DOE Guidance on Race-Based Discrimination
February 28, 2025
OCR Guidance
On February 14, 2025, the U.S. Department of Education's Office for Civil Rights (“OCR”) issued a Dear Colleague Letter: Title VI of the Civil Rights Act in Light of Students for Fair Admissions v. Harvard.1 The letter warns school districts and state education departments that they will lose federal funding if they “[treat] students differently on the basis of race to achieve nebulous goals such as diversity, balancing, social justice, or equity”.
Contact our office for this client memo
Election Locations
February 26, 2025
This memorandum is to inform you of legislation recently signed by Governor Hochul, which expands the possible locations to hold school district elections.1 Section 2002 of New York State Education Law has been amended to permit the school district annual meeting, election or board vote to occur in “any building owned or leased by a district.” Previously, the location of school district elections was limited to a “schoolhouse” in the district, meaning a building in which instruction takes place. This new law will allow more flexibility for school districts to choose where school elections will take place, including district office buildings.
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Invitation to Student Discipline Seminar
February 24, 2025
Frazer & Feldman, LLP is pleased to host a legal seminar on Friday, April 4, 2025 at 12:00PM regarding student discipline process, procedures and laws for Building Principals, Assistant Principals, and Assistant Superintendents. The seminar serves as a refresher on state laws and regulations related to short-term and long-term student suspensions, how to conduct an effective investigation for student misconduct, and due process rights that should be provided to parents of suspended students. We will also provide an overview of the process for suspending students with disabilities, including manifestation determination review meetings.
Contact our office for this client memo
Executive Order on Women's Sports
February 12, 2025
On February 5, 2025, President Trump issued an Executive Order, Keeping Men Out of Women's Sports, aimed at transgender female students who were assigned as male at birth, but identify their gender as female and participate in female team sports. The Executive Order states that “it is the policy of the United States to rescind all funds from educational programs that deprive women and girls of fair athletic opportunities… and opposes male competitive participation in women's sports as a matter of safety, fairness, dignity, and truth.”
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Specially Designed Reading Instruction
February 10, 2025
Over the past year, we have received questions from districts seeking guidance about how to address students with significant reading deficits. The Commissioner's Regulations provide for specially designed reading instruction, which can be listed on IEPs as a special education service. This memorandum provides options for districts as to how and when specially designed reading instruction should be recommended by the Committee on Special Education (“CSE”) for a student classified with a disability.
Contact our office for this client memo
New Law on Extreme Heat Conditions in Schools
February 5, 2025
On December 13, 2024, Governor Hochul signed into law Chapter 596 of the Laws of 2024, which establishes maximum temperatures in school buildings during instruction. The law requires districts to develop a policy for ensuring the health and safety of students and staff on days with extreme heat conditions. An “extreme heat condition day” is defined as a day when the district's occupiable space for educational and support services is at least 82 degrees Fahrenheit.
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Impact of Title IX Court Decision
February 3, 2025
On January 9, 2025, a federal judge in the Eastern District of Kentucky struck down the 2024 Title IX Regulations adopted by the U.S. Department of Education (“DOE”), which had expanded non-discrimination protections to LGBTQ individuals on the basis of gender identity. In particular, the 2024 amendments expanded the scope of Title IX protection to include discrimination based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.
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New Guidance on Immigration and Customs Enforcement
January 27, 2025
The inauguration of President Trump on January 20, 2025, and the resulting change in policy by his administration has created complex and conflicting legal issues for school districts concerning enrollment and immigration enforcement. This memorandum addresses those issues. Please be reminded that the present legal landscape regarding these issues is rapidly changing. It is anticipated that new information and questions will be presented over the next few weeks, and we will endeavor to provide you with timely updates on these issues as they arise.
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Student Discipline Decisions from the Commissioner
January 21, 2025
This past Fall, 2024, the Commissioner of the State Education Department (“Commissioner”) issued three decisions of note that overturned student discipline determinations by school districts. This memorandum provides a summary of those decisions, and recommendations for districts to ensure that student discipline determinations will not be overturned.
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Parentally Placed Students with Disabilities
January 7, 2025
This memorandum is a reminder to districts about their obligations under the Individuals with Disabilities Education Act (“IDEA”) regarding parentally placed students classified with disabilities who are enrolled at private schools. Under IDEA, there are two types of classified students who are parentally placed by parents. The first group are the parents of students who seek an Individualized Equitable Services Plan (“IESP) from the district of location where the private school is located, and the parents pay for the private school tuition at their own expense.1 Under an IESP, the district of location provides equitable services including speech language, counseling, occupational and physical therapy, or programs such as consultant teacher or resource room while the student receives instruction at the private school.
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Testing Accommodations for Students with Disabilities
December 30, 2024
In December, 2024, the State Education Department (“SED”) updated its guidance on Testing Accommodations for Students with Disabilities.1 The guidance applies to students classified with a disability under the Individuals with Disabilities Education Act (“IDEA”) and students with disabilities under Section 504 of the Rehabilitation Act of 1973. Test accommodations recommended by the Committee on Special Education (“CSE”) or 504 Committee remove obstacles to the test-taking process based on the student's disability without altering the expectations. They enable students with disabilities to participate in assessments on an equal basis with non-disabled peers. Testing accommodations include but are not limited to: flexible scheduling or timing of tests; flexible setting or location used for test administration; changes in the method in which the test is presented, such as tests read to a student; and changes in the method of the student's response to a test question, such as access to a computer or the use of a scribe.
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Manifestation Determination Reviews
December 23, 2024
The State Education Department (“SED”) recently issued updated guidance reminding districts about their obligations under state and federal law related to classified students with a disability upon whom an out-of-school suspension is imposed.
Contact our office for this client memo
EEOC Enforcement Guidance on Workplace Harassment
December 23, 2024
The U.S. Equal Employment Opportunity Commission (“EEOC”) recently released updated workplace guidance titled Enforcement Guidance on Harassment in the Workplace.1 This guidance from the EEOC is the first update about workplace harassment enforcement since 1999.2 In addition to the EEOC reiterating its past guidance, the updated guidance adds new information regarding discrimination based on sex, harassment in a virtual work environment, and updates the anti-harassment policies that employers should adopt. The update is consistent with recent court and EEOC administrative decisions interpreting these issues in the workplace.
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SED Regulations on Science-Based Reading Instruction
December 18, 2024
On December 9, 2024, the Board of Regents adopted emergency regulations requiring districts to align their reading instruction in grades pre-kindergarten through 3rd grade to the instructional best practices developed by the State Education Department (“SED”).1 Districts must verify through an attestation with SED's Business Portal, that their curriculum aligns with SED's best practices by September 1, 2025.
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Guidance on 504 Plans: Migraines, Narcolepsy, Stuttering, and Bowel Disease
December 18, 2024
In December, 2024, the U.S. Department of Education's Office for Civil Rights (“OCR”) released updated guidance on protections for students with disabilities under Section 504 of the Rehabilitation Act of 1973. In particular, the new guidance impacts students who suffer from migraines, narcolepsy, stuttering, and inflammatory bowel disease. These guidance documents from OCR are part of a series of policy recommendations on Section 504 issued this year.
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School Safety Plans
December 18, 2024
New regulations from the State Education Department (“SED”) are now in effect related to school safety, which expands existing school safety plan laws. The new regulations were recommended by the Safe Schools Task Force and the School Safety Improvement Team.1 Previously, districts were required to develop and annually update by September 1st of each school year, a confidential building-level emergency response plan, which is not subject to public disclosure under the Freedom of Information Act (“FOIL”), and they were required to annually update their comprehensive district-wide school safety plan.
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Guidance on Functional Behavioral Assessments from US DOE
December 16, 2024
In November, 2024, the U.S. Department of Education (“DOE”) released guidance regarding functional behavioral assessments (“FBAs”) for students with disabilities.1 An FBA is an assessment for identifying the reasons behind, or factors contributing to, a student's behaviors that interfere with the student's learning or that of others.2 The purpose of an FBA is to assist in developing effective positive behavioral interventions, supports, and other strategies to mitigate or eliminate a student's negative behaviors. FBAs can be conducted in response to safety-related behaviors such as physical aggression or throwing objects, and non-safety related behaviors such as calling out in class, not following directions, name calling, task avoidance, or school refusal.
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Affidavit Ballots in School Board Elections
November 22, 2024
On October 16, 2024, the State Education Department (“SED”) released a Formal Opinion of Counsel, which concluded that an affidavit ballot submitted in a school board election does not need to be notarized in order to be counted.
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Update on FAPE Entitlement to Age 22 for Students with Disabilities
November 14, 2024
This memorandum is an update to our July 14, 2023 client memorandum regarding the status of students classified with a disability who turn 21 years of age.
Contact our office for this client memo
Independent Educational Evaluations
November 12, 2024
This memorandum provides an update on recent decisions regarding Independent Educational Evaluations (“IEEs”), and advises districts on how to respond to a parent's request for an IEE. A sample Board policy on IEEs is attached for reference.
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Sample Policy for Students on School Boards
October 11, 2024
On September 24, 2024, Frazer & Feldman, LLP released a client memorandum, Students on School Boards, which discussed a new law requiring each school district that operates a high school to designate at least one student as an ex officio member of the school board. An ex officio student board member is one who is entitled to sit with the board at public meetings and hearings, but is not entitled to vote on any matters. The law takes effect on July 1, 2025.
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Guidance on 504 Plans: Anxiety, Bipolar, Depression, and Eating Disorders
October 9, 2024
In September, 2024, the U.S. Department of Education's Office for Civil Rights (“OCR”) released updated guidance on protections for students with disabilities under Section 504 of the Rehabilitation Act of 1973, in particular, students who suffer from anxiety, bipolar, depression, and eating disorders.
Contact our office for this client memo
Guidance on 504 Plans: Cancer, Epilepsy, and Sickle Cell Disease
October 8, 2024
In June, 2024, the U.S. Department of Education's Office for Civil Rights (“OCR”) released updated guidance on protections for students with disabilities under Section 504 of the Rehabilitation Act of 1973, in particular, for students who have cancer, epilepsy, or sickle cell disease.1 The guidance documents are part of a series of fact sheets issued by OCR this year on Section 504.2.
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Regionalization
October 7, 2024
New York State Education Department (“NYSED”) has developed a plan for dealing with the growing inequities in educational opportunities for students in New York State, particularly those in under-resourced and rural areas.
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New SED Q & A, “Contracts for Instruction”
October 2, 2024
This memorandum provides information concerning the newly revised Questions and Answers from the State Education Department (“SED”) entitled, “Updated Clarifying Information and Q and A related to Contracts for Instruction” (“2024 Q&A”).1 The 2024 Q&A replaces SED's 2010 document related to Contracts for Core Instruction 2 and takes effect immediately. The 2024 Q&A provides important clarification for school districts regarding instructional contracts and programming given recent amendments related to virtual instruction3 and changes to the current educational landscape.
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Alternately Assessed Students with a Disability
October 1, 2024
September 24, 2024
Students on School Boards
On September 5, 2024, Governor Hochul signed Chapter 311 of 2024 into law requiring each school district that operates a high school to designate at least one student as an ex officio member of the school board.1 An ex officio student board member is one who is entitled to sit with the board at public meetings and hearings, but is not entitled to vote on any matters. The law takes effect on July 1, 2025.
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Prescriptions for Related Services
September 18, 2024
We have received several inquiries from districts asking whether a medical prescription is required for related service providers to render occupational therapy, physical therapy, or speech language therapy.
Contact our office for this client memo
Expressing Breast Milk in the Workplace
September 6, 2024
Recent legislation has further expanded the rights of employees to express breast milk in the workplace. Previously, school districts were required to provide reasonable unpaid break time to employees to express breast milk. Employees could also use paid breaks or mealtime for such purposes.
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Adapted Physical Education
August 29, 2024
This past school year, we have noticed some common errors in various Individualized Education Programs (“IEPs”) related to adapted physical education (“APE”). This memorandum is a reminder as to when and how APE should be recommended on a student's IEP.
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High School Student Government Requirement
August 28, 2024
On September 1, 2024, Chapter 357 of the Laws of 20231 is set to take effect, which requires the board of education of each school district to establish at least one student government organization for high school students in grades 9-12.2 The bill was signed into law by Governor Hochul on September 7, 2023. The goal of the new law is to ensure all high school students have the opportunity to participate in student government for civil engagement and leadership. Many of you have long established student governments at your high schools. For you, this is just a reminder.
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Receipt of Ten-Day Notice Letters
August 7, 2024
As you prepare for the 2024-2025 school year, districts may begin to receive ten-day notice letters from the parents of students classified with a disability who reside in-District.
Contact our office for this client memo
Parent Consent to Receive Student Special Education Records by Electronic Mail
July 30, 2024
Over the past year, we have received several inquiries from districts regarding the use of electronic mail (email) to send special education records to parents. This memorandum provides guidance to districts regarding the applicable laws for email use, and under what circumstances student records may be emailed to parents.
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Archived Client Memoranda
For more information on how to access our client memoranda and documents, please contact [email protected].