Client Memoranda

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. 

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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.

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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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Managing Allergies & Anaphylaxis in Schools
May 30, 2024

In April, 2024, the State Education Department (“SED”) released Guidelines for Managing Allergies and Anaphylaxis in Schools to help districts treat and prevent allergic reactions by students in schools.1 Under Section 2500-H*2 of the Public Health Law, districts must implement or update their anaphylactic policy within six months of SED's new guidance, or no later than October, 2024. With allergy season in effect, this guidance is intended to help districts protect students against anaphylaxis, which is a rare but severe allergic reaction. When a person is suspected of experiencing an anaphylactic reaction, emergency medication must be administered as soon as possible.

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2024 Summer School Guidance
May 30, 2024

In May, 2024, the State Education Department (“SED”) released its Handbook for Summer School Administrators and Principals (2024), which contains guidance for districts to implement summer school programming. A copy of the report is enclosed for reference.  

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SED Guidance on Transgender Rights
May 24, 2024

On May 14, 2024, the State Education Department (“SED”) released a Formal Opinion of Counsel advising districts that pursuant to New York's Gender Expression Non-Discrimination Act (“GENDA”), transgender students have the right to use a school bathroom or locker room that aligns with their gender identity. SED's Opinion was published in response to an inquiry from the Clarkstown Board of Education on this issue.  

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New Procedural Safeguards Notice
May 17, 2024

On May 16, 2024, the State Education Department (“SED”) released an updated version of its Procedural Safeguards Notice (“Notice”) detailing the rights of parents of students with disabilities under the Individuals with Disabilities Education Act (“IDEA”). We have attached a copy of the Notice for immediate use by Committees on Special Education (“CSEs”) to replace SED's 2017 version.  

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Election Day Instructions
May 13, 2024

This memorandum will provide information and instructions for you and your election personnel on May 21st. 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 and early mail ballots will go a long way in defending the integrity of the election. 

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Title IX Regulations - 2024 Updates
May 1, 2024

On April 19, 2024, the Office for Civil Rights (“OCR”) of the U.S. Department of Education (“Department”) released the long-awaited Final Title IX regulations. As you know, Title IX prohibits discrimination on the basis of sex in education programs and activities that receive federal financial assistance.1 The focus of these amendments is to promote educational equity and opportunity and provide an educational environment that is free from discrimination based on sex. Below is an overview of the key provisions of the final regulations.  

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Budget Re-Vote
May 1, 2024

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, 2024. 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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New Web Content Accessibility Rule
April 24, 2024

On April 8, 2024, the U.S. Department of Justice (“DOJ”) announced that it had enacted a new rule under the Americans with Disabilities Act (“ADA”) requiring that state and local governments make their websites and mobile applications accessible for people with disabilities. The rule applies to all school district “web content”, which includes text, images, sounds, videos, and documents on the district's website. School districts with fewer than 50,000 residents living in it must comply by April, 2027. Larger districts with more than 50,000 residents must comply by April, 2026.

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Civil Service Law Section 71
April 24, 2024

Over the last several months, our office has received a number of inquiries from school district administrators concerning Civil Service Law section 71 (“CSL 71”), which authorizes a public employer to terminate the employment of an employee absent as a result of a workers' compensation illness or injury in excess of one year.   This memorandum is intended to inform you of when section 71 is available, and provides a step-by-step guide and sample letters to enable the district to implement this statute appropriately. 

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Writing Effective Prior Written Notice Letters
March 21, 2024

As many of you know, prior written notices (“PWNs”) are the letters the Committee on Special Education (“CSE”) sends to parents to apprise them of actions taken at CSE meetings. We are often asked to review PWNs following a contentious CSE meeting. This past year, we have come across some consistent, problematic areas which raise red flags if the PWNs were reviewed by an impartial hearing officer (“IHO”). This memorandum reviews the purpose of a PWN and provides helpful tips when drafting them.  

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New COVID Sick Leave Law
March 8, 2024

This memorandum provides information about updated guidance from the federal Centers for Disease Control (“CDC”) regarding COVID-19 in the workplace. The changes were made for a number of reasons, including the fact that far fewer people are getting seriously ill from COVID-19. 

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Updated Guidance on English Language Learners with Disabilities
February 20, 2024

In January, 2024, the State Education Department (“SED”) issued updated guidance regarding the identification of English Language Learners (“ELLs”) for special education services. Under state regulations, school districts must submit written assurances to SED that each ELL student has access to appropriate instructional and support services, including ELLs with disabilities.

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Updated Guidance on Students with Fake Vaccinations
January 29, 2024
This memorandum provides updated guidance to school districts that have received an “Impacted School Alert” from the New York State Department of Health (“DOH”) regarding students who received fake immunizations from Jeanette Breen, a licensed midwife who operated Baldwin Midwifery in Nassau County.
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Updated Guidance on Assistive Technology Devices and Services for Students with Disabilities
January 29, 2024
On January 22, 2024, the U.S. Department of Education (“DOE”) released a “Dear Colleague Letter” that provides updated guidance on the use of assistive technology devices and services.1 The guidance reminds school districts that the Committee on Special Education (“CSE”) must consider whether a student with a disability needs assistive technology (“AT”) devices and services as required under the Individuals with Disabilities Education Act (“IDEA”).2
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Immunization Status
January 22, 2024
Several Superintendents have received notice that an attorney representing students excluded from school for failure to receive required immunizations will seek a temporary restraining order for the immediate reinstatement of these students to school attendance.
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NYSDOH Notice of False Immunization Records.
Wednesday, January 17, 2024
This memorandum provides guidance to those who received the “Impacted School Alert” email from the New York State Department of Health (“NYSDOH”) regarding false immunization records by Jeannette Breen, a licensed midwife who operated Baldwin Midwifery in Nassau County. NYSDOH has reported that Breen administered 12,449 fake immunizations to roughly 1,500 school-aged patients and submitted false information to the State. Many affected students attend school on Long Island. See https://www.health.ny.gov/press/releases/2024/2024- 01-17_baldwin_midwifery.htm. Set forth below is a summary of the relevant law and steps that districts must take in response.
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Immunization Notice Ltr 2024 Model

NYSDOL Guidance relating to the State Workplace Violence Prevention Act
January 10, 2024
This memorandum provides new information about the recently expanded New York State Workplace Violence Prevention Act (“Act”), which applied to school districts beginning on January 4, 2024. As you will recall from our client memorandum dated December 10, 2023, the Act requires school districts and other public employers to take certain steps to help prevent workplace violence. See NY Lab. Law §27-b; 12 NYCRR §800.6. As outlined below, while the Act went into effect for school districts on January 4th, the New York State Department of Labor (“NYSDOL”) just published new guidance that significantly relaxes the compliance dates for several of those steps.
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The New York State Workplace Violence Prevention Act
December 8, 2023
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 2024 annual district election, early voting, propositions, absentee and affidavit ballots, campaigning and electioneering, recent Commissioner's decisions and other quirky election-related items
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Modified NYSSBA Policy Workplace Violence

Annual District Election and Budget Vote Seminar - Save the Date
December 6, 2023
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 2024 annual district election, early voting, propositions, absentee and affidavit ballots, campaigning and electioneering, recent Commissioner's decisions and other quirky election-related items
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New Voting Reforms Signed Into Law
October 27, 2023
On September 20, 2023, Governor Hochul signed a package of voting reform bills into law designed to expand access to voting, including an expansion for pre-registration of high school students and early mail-in voting for school district elections (“New York Early Mail Voter Act”). The information below will outline the new requirements.
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Increase Hours of Alternative Instruction for Suspended Students.
October 18, 2023
On October 10, 2023, the New York State Education Department ("NYSED") released a Formal Opinion of Counsel related to the number of instructional hours school districts must provide to students who are suspended from school. 1 Education Law § 3214(3)(e) provides that a student of compulsory school age who is suspended from school is entitled to receive alternative instruction. Such instruction must be substantially equivalent to the instruction received by the student prior to the suspension.
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Updated Guidance on Expressing Breast Milk in the Workplace.
October 13, 2023
Recent legislation expanded the rights of employees to express breast milk in the workplace. 1 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. Districts were required to make reasonable efforts to provide a private location for the employee to express breast milk in the workplace.
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Policy on the rights of employees to express breast milk in the workplace single

Preparation for 2024 Annual Election and Budget Vote.
September 13, 2023
This memorandum provides an outline of pertinent election dates you need to be aware of for the May 21, 2024 Annual Election and Budget Vote.
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Update on Regulations for Substantial Equivalency of Nonpublic Schools (September 1st filing deadline)
August 18, 2023
On September 28, 2022, the State Education Department's (“SED”) Board of Regents adopted proposed regulations relating to substantially equivalent instruction for nonpublic school students.1 The regulations relate to the provisions of the state's Compulsory Education Law, and require school districts to confirm that students attending certain nonpublic schools are receiving instruction that is substantially equivalent to the instruction provided in public schools.2 On July 28, 2023, SED released guidance for implementation of these new regulations.3
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New SED Guidance Extends FAPE Entitlement to Age 22
July 14, 2023
On July 6, 2023, the New York State Education Department (“SED”) released a Formal Opinion of Counsel1 advising school districts that the Individuals with Disabilities Education Act (“IDEA”) extends eligibility for a free appropriate public education (“FAPE”) to students until receipt of a high school diploma or their twenty-second birthday, whichever comes first. The SED opinion is in response to a Second Circuit Court of Appeals decision in A.R. v. Connecticut State Board of Education,2 which found that Connecticut law violated the IDEA by terminating FAPE at age 21.
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Archived Client Memoranda

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