Client Memoranda

July 13, 2026, Court Decision on Religious Exemptions from Immunization

Since 2019, New York State has prohibited religious exemptions from immunization for unvaccinated children to attend school. That prohibition was the result of a deadly measles outbreak in New York, causing the state legislature to limit exemptions to those based on medical reasons under state law. Subsequently, a group of Amish parents challenged the religious exemption repeal in court, and in March, 2025, the Second Circuit Court of Appeals issued a decision in Miller v. McDonald, upholding New York State's law.

July 6, 2026, FERPA Requests for Emails

This past school year, we received questions from clients about what obligation, if any, the district has to disclose copies of emails requested by parents under the Family Educational Rights and Privacy Act (“FERPA”). A recent opinion from the U.S. Department of Education's (“U.S. DOE”) Student Privacy Policy Office and several court decisions have shed new light on this issue. Contact our office for this client memo.

June 30, 2026, Water Safety Instruction Law

In September 2025, Governor Hochul signed Chapter 419 into law, which requires school districts to provide information to parents about water safety. The law takes effect on July 1, 2026, and districts are required to provide all parents with water safety information at the beginning of the 2026-2027 school year. The law required the Department of Health (“DOH”), in consultation with the State Education Department (“SED”), to develop water safety information for districts to disseminate to parents, but SED did not publish the information until June 25th (see attached Safe Swimming Tips for Everyone). Contact our office for this client memo.

June 29, 2026, Court Decision on H-1B Visa Proclamation

We previously advised clients in an October 22, 2025 memorandum about an Executive Proclamation issued by President Trump related to H-1B Visas. The Proclamation restricted the issuance of H-1B specialty occupation visas to only those petitions accompanied by a fee of one hundred thousand ($100,000) dollars. The Proclamation applied for a 12-month period from September 21, 2025 through September 20, 2026. As such, the Proclamation made it prohibitively expensive for school districts to hire foreign workers as district employees to fulfill rare teaching certifications or credentials such as Mandarin. Contact our office for this client memo.

June 24, 2026, Desha's Law on Automated External Defibrillators

We previously advised clients in a July 28, 2025 and February 11, 2026 memorandum about a new law requiring school districts to provide access to an Automated External Defibrillator (“AED”) at each instructional school facility in case of emergency. The law also requires districts to provide AED trained personnel at each facility. An AED is used in life-threatening situations, usually requiring use within three to five minutes. Contact our office for this client memo.

June 22, 2026, 2026 Summer School Guidance

In May, 2026, the State Education Department (“SED”) released its Handbook for Summer School Administrators and Principals (2026), which contains guidance for those districts implementing summer school programming. SED's guidance is substantially similar to last year's summer school guidance. A summary of the guidance is below. Contact our office for this client memo.

June 15, 2026, Homeless Students Needing Summer Services

On May 14, 2026, the State Education Department (“SED”) released guidance reminding districts about their obligations under the McKinney-Vento Homeless Assistance Act (“McKinney-Vento”) related to homeless students and extended school year programs. The guidance is substantially similar to SED's 2025 guidance on this same issue. Contact our office for this client memo.

June 10, 2026, Instructional Best Practices in Reading and Math

On May 28, 2026, the governor signed the state budget into law for Fiscal Year 2027. As part of the enacted state budget, the state legislature added a new section 819 to New York State Education Law requiring school districts to align their mathematics curriculum with instructional best practices in math as developed by the Commissioner. This requirement is similar to legislation enacted by the governor and state legislature in last year's budget, which required districts to align their reading and literacy curriculum with instructional best practices from the Commissioner. Contact our office for this client memo. 

June 8, 2026, UPK Expansion in State Budget

On May 28, 2026, the governor signed the state budget into law for Fiscal Year 2027. As part of the state budget, the governor and state legislature required that by the 2028-2029 school year, all school districts must provide full-day UPK programming to all eligible four-year olds in their district whose parents apply for enrollment. Such programming can be provided by the district through its own in-district UPK placements, an eligible agency such as a community-based organization (“CBO”), or through a BOCES placement. The state budget also increases funding for existing UPK seats to the greater of $10,000 or the district's foundation aid per pupil. Contact our office for this client memo.

June 3, 2026, Update on Electric Bus Mandates

We previously informed clients in a January 12, 2026 memorandum about a state law that required that all new buses purchased, leased or procured by school districts on or after July 1, 2027 be zero-emission (electric) buses. The law also required districts to ensure that the entire fleet of buses that they own, maintain or contract from third parties be zero-emission by July 1, 2035. The State Education Department (“SED”) subsequently permitted districts to apply to the Commissioner for up to two extensions of two years each regarding the 2027 electric bus purchasing and procurement law. Contact our office for this client memo.

June 1, 2026, June 1st IESP Deadline

Under section 3602-c of New York State Education Law, parents of classified students who parentally place their children at a private school can seek equitable services from the school district where their private school is located (“district of location”). The district of location is required to develop an Individualized Education Services Program (“IESP”) for these children, also known as dually enrolled. Dual enrollment refers to a child's enrollment in a private school and in obtaining equitable services from the district of location. Contact our office for this client memo.

May 27, 2026, Immunization Legislation

We previously advised clients in a January 13, 2026 memorandum about changes made by the Centers for Disease Control and Prevention (“CDC”) on January 5, 2026 to its recommended childhood immunization schedule. The CDC reclassified six of their seventeen vaccines on its immunization schedule, recommending them only for high risk groups or in shared decision-making between parents and their doctor, instead of recommending them for all children. Contact our office for this client memo.

May 25, 2026, Recent SED Privacy Decisions

This Spring, 2026, the State Education Department's (“SED”) Chief Privacy Officer issued two decisions related to complaints submitted by parents of districts allegedly violating section 2-d of New York State Education Law and the Family Educational Rights and Privacy Act (“FERPA”). These decisions serve as reminders to districts about the use of directory information and what SED considers an unauthorized disclosure of personal identifiable information (“PII”). Contact our office for this client memo.

May 22, 2026, Appellate Update on Piggybacking and Public Works Contracts

This memorandum concerns a matter of great interest among school district officials: the scope of the “piggybacking” provision in the General Municipal Law and whether it may be used for construction-related work. Piggybacking allows a school district to procure goods or services by using another governmental entity's competitively bid contract, rather than conducting its own full bidding process. It has long been viewed as a useful tool for saving time and administrative costs for routine purchases and for providing access to prequalified vendors. However, its use in connection with construction and capital projects has long been the subject of debate. Contact our office for this client memo.

May 20, 2026, Commissioner's Decision on Transgender Student Rights

On April 20, 2026, the Commissioner of the State Education Department (“SED”) decided an appeal brought by the New York Civil Liberties Union (“NYCLU”) against the Massapequa and Locust Valley Boards of Education on behalf of a transgender student. Below is a summary of the decision. Contact our office for this client memo.

May 18, 2026, IEP Compliance Deadlines

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 IEPs 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 child's IEP prior to the start of the school year. Parents should receive 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.

May 13, 2026, Calculating Leave Time Under FMLA

Earlier this year, the U.S. Department of Labor (“DOL”) issued an advisory opinion on calculating the period of leave under the Family and Medical Leave Act (“FMLA”). Specifically, the DOL opinion advises districts how to calculate the FMLA leave period during school closure days, including snow days. Under FMLA, eligible employees may take up to 12 workweeks of unpaid leave in a 12-month period for a qualifying FMLA reason. FMLA leave may be taken by an employee for a serious health condition suffered by the employee or employee's family member; birth of a child and bonding time; adoption or foster care of a child; or military leave. Contact our office for this client memo.

May 11, 2026, Budget Re-Vote

This memorandum will provide you with the options available to the Board of Education should the budget be defeated by the voters on May 19, 2026. 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 forgo a second vote and adopt a contingency budget. The parameters for a contingency budget also follow below. Contact our office for this client memo.

May 7, 2026, 2026 Election Day Instructions

This memorandum reiterates election instructions for you and your election personnel to follow during this year's annual district election on May 19, 2026. You should orally review or distribute to your election workers the attached material titled Election Worker Instructions. The material can also be modified to fit your needs. If you face an election challenge, the fact that you provided clear and precise instructions to your election workers, 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.

May 4, 2026, Update on Administering Epinephrine in Schools

We previously informed clients in a March 2, 2026 memorandum about a new state law expanding the definition of an epinephrine device to include all types of delivery devices, including nasal sprays. Previously, the definition of an epinephrine device only applied to an epinephrine auto injector device (EpiPen). Contact our office for this client memo.

April 27, 2026, Campaigning and Electioneering Guidance

In preparation for the upcoming school district election and budget vote on May 19, 2026, 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.

April 23, 2026, Extension of Web Content Accessibility Rule

We previously advised clients in an April, 2024 memorandum about a new rule adopted by the U.S. Department of Justice (“DOJ”) under the Americans with Disabilities Act (“ADA”) requiring state and local governments to 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 more than 50,000 residents were required to comply by April 24, 2026. Smaller school districts with fewer than 50,000 residents  living in it are required to comply by April 26, 2027. Contact our office for this client memo.

April 22, 2026, UPK Lottery Guidance

Over the past few weeks, we have received questions from clients about policies and procedures for administering Universal Pre-Kindergarten (“UPK”) lotteries for students. This memorandum answers common questions about the UPK lottery process, and discusses recent guidance issued by the State Education Department (“SED”) on this issue. Contact our office for this client memo.

April 20, 2026, SED Regulations on Personal Finance and Climate Instruction

We previously informed clients on December 1, 2025 about proposed regulations from the State Education Department (“SED”) requiring school districts to provide personal finance and climate instruction. The regulations were adopted by the Board of Regents at its March, 2026 meeting, and went into effect on March 25, 2026.2 Districts are required to provide personal finance instruction to middle and high school students beginning with the 2026-2027 school year. Instruction in climate education begins with the 2027-2028 school year. Contact our office for this client memo.

April 15, 2026, Updated Cybersecurity and Records Retention Requirements

On February 25, 2026, the Board of Regents adopted amendments to Part 121 of the Commissioner's Regulations, which are the regulations that implement Education Law §2‑d, New York State's student data privacy law.1 These amendments update references to the National Institute of Standards and Technology (“NIST”) Cybersecurity Framework to reflect the release of NIST  Cybersecurity Framework Version 2.0, which replaces Version 1. They also correct an outdated citation in §121.4(e) by removing reference to the obsolete ED‑1 records retention schedule. It clarifies that the applicable schedule is the Local Government Retention Schedule (“LGS‑1”) that has governed school district records since 2021. Districts have until September 1, 2026 to transition their data security and privacy policy to Version 2.0 of the NIST Cybersecurity Framework. Contact our office for this client memo.

April 13, 2026, FOIL Decision on Email Lists

On February 19, 2026, the New York State Court of Appeals issued a decision in a Freedom of Information Law (“FOIL”) case that answered the question whether a municipality was required to produce a requested list of subscriber email addresses to its online notification system. The answer from New York's highest court, was “No”. The decision could impact how school districts handle future requests for email lists. Contact our office for this client memo.

April 6, 2026, Update on New Voting and Elections Database Law

We previously advised clients on January 5, 2026 about a new voting and elections database law, called the “Dr. John L. Flateau Voting & Elections Database of New York Act”. The law requires school districts to submit election data to the New York State Board of Elections (“NYS Board of Elections”) upon certification of the election and completion of voter history files by January 1st annually. The law took effect on April 1, 2026, but does not require districts to report election data from the May, 2026 annual election to the NYS Board of Elections until January 1, 2027. Contact our office for this client memo.

March 30, 2026, April 1st Transportation Deadline

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.

March 25, 2026, U.S. Supreme Court Decision on Parent Notification of Gender Transitioning

We previously advised clients on July 24, 2025, about a U.S. Supreme Court decision in Mahmoud v. Taylor, which held that parents have the right to opt their children out of curricula instruction that violates their religious beliefs. After the Court's decision was rendered, the Montgomery County School District settled the matter, which required the district to: pay $1.5 million to the plaintiff-parents; alert all parents to the content of course material; provide alternative instruction during the teaching of objectionable content; and allow parents to opt their children out of objectionable courses. Contact our office for this client memo.

March 23, 2026, Religious Prayer and Expression in Schools

On February 5, 2026, the U.S. Department of Education (“DOE”) released updated guidance on prayer and religious expression in public schools. This document replaced a 2023 guidance issued  under President Biden's administration. The new guidance notes that annually, no later than October 1st, school districts are required by federal law to certify to their state education department that no district policy prevents or denies participation in constitutionally protected prayer in schools. Contact our office for this client memo.

March 18, 2026, UPDATE - Civil Service Law §61- Appointment and Promotion

Yesterday, our office distributed a memo regarding amendments to Civil Service Law § 61 (“CSL 61”) that added a new subdivision 4 requiring appointing authorities to provide appointment and promotion letters. Contact our office for this client memo.

March 17, 2024, Civil Service Law §61- Appointment and Promotion

During the 2025 legislative session, the New York State legislature amended Civil Service Law Section 61 (“CSL 61”) by adding a new subdivision 4, which requires appointing authorities, such as school districts, to provide appointment and promotion letters. Contact our office for this client memo.

March 16, 2026, New Real Property Tax Exemptions – Adoption and Implementation Requirements for Nassau & Suffolk County School Districts

Recent amendments to the New York Real Property Tax Law (“RPTL”) created four new exemptions affecting public school district taxation. Contact our office for this client memo.

March 9, 2026, Book Bans in Schools

In January, 2026, the State Education Department (“SED”) released the Freedom to Read Guidance, which warned school districts against banning or removing certain books from school libraries.1 SED cited a 2024 Commissioner's Decision related to book bans, and SED's 2023 joint guidance with the New York State Attorney General for support of its position. Contact our office for this client memo.

March 2, 2026, Administering Epinephrine in Schools

On November 12, 2025, Governor Hochul signed Chapter 504 of the Laws of 2025, which expands the definition of epinephrine devices which may be used in emergencies to include all types of delivery devices, including nasal sprays. Previously, the definition of an epinephrine device only applied to an epinephrine auto injector device (EpiPen) for single use delivery. In August, 2024, the U.S. Food and Drug Administration (“FDA”) approved an epinephrine nasal spray called Neffy, for emergency treatment of allergic reactions. The new law will enable trained school personnel to administer the nasal spray in schools in potentially life-threatening situations. Contact our office for this client memo.

February 23, 2026, Out of District CSE Placements

We have received questions from clients asking whether the school district's Committee on Special Education (“CSE”) is required to obtain the parents' consent to send the student's packet out of district in search of an appropriate placement. This process includes a determination by the CSE that the district does not have an appropriate in-district placement to meet the student's needs, and that the student's Individualized Education Program (“IEP”) and evaluations should be sent to BOCES and other state approved schools for screening. Contact our office for this client memo.

February 16, 2026, Coach Bus Contracts for Field Trips

This memorandum addresses an apparently simple request we often receive from building principals, parent groups, and program leaders at this time of year: transportation for year-end field trips. We believe that it warrants closer attention and careful handling. Chartered coach buses remain a common option for student field trips, athletic events, and extracurricular activities. However, too often, districts rely solely on price quotes and certificates of insurance instead of formal written contracts with the charter companies. That informal approach can create unnecessary legal and financial exposure. Contact our office for this client memo.

February 11, 2026, Update on Automated External Defibrillators and Desha's Law

We previously informed clients in a July 28, 2025 memorandum about a new law requiring school districts to provide access to an Automated External Defibrillator (“AED”) at each instructional school facility in case of emergency, and provide trained personnel who can administer it. An AED is used in life-threatening situations usually requiring use within three to five minutes. This memorandum is to answer some common questions we have received from clients about the AED requirements. Contact our office for this client memo.

February 9, 2026, Update on U.S. DOE Guidance on Racial Preferences

We previously advised you in a February 28, 2025 memorandum about a Dear Colleague Letter issued by the U.S. Department of Education's (“U.S. DOE”) Office for Civil Rights warning school districts 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”. We also advised you in an April 7, 2025 memorandum about the U.S. DOE's demand that school districts certify that they are not using “illegal DEI practices”; otherwise they risk losing federal funding. Contact our office for this client memo.

February 6, 2026, New Date: Legal Loop Workshop April 24th

You are invited to attend the next Legal Loop workshop hosted by Frazer & Feldman, LLP on Friday, April 24, 2026 at 12:00 P.M., covering special education topics of interest. The workshop will be held at our law offices at: 1400 Old Country Road in Westbury, New York, in the conference room on level “C”. As always, a complimentary lunch will be provided, and there is ample parking available for all attendees. Administrators are encouraged to invite any staff members who may be interested in attending. Contact our office for this client memo.

February 2, 2026, Writing Effective Prior Written Notice Letters

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 to be reviewed by an impartial hearing officer (“IHO”) in a due process hearing. This memorandum reviews the purpose of a PWN and provides helpful tips when drafting them. Remember, when writing PWNs that they may be read by people other than parents. We advise you to write them as though you are telling an IHO what happened at the meeting. Contact our office for this client memo.

January 28, 2026, Invitation to the “Legal Loop” Workshop

Please save the date of Friday, March 27, 2026 at 12:00 P.M. for the next Legal Loop workshop hosted by Frazer & Feldman, LLP covering special education topics of interest. The workshop will be held at our law offices at: 1400 Old Country Road in Westbury, New York, in the conference room on level “C”. As always, a complimentary lunch will be provided, and there is ample parking available for all attendees. Administrators are encouraged to invite any staff members who may be interested in attending.  Contact our office for this client memo.

January 26, 2026, Update on Immigrant Student Rights

We previously informed you in a January 24, 2025 memorandum about New Guidance on Immigration and Customs Enforcement from the New York State Office of the Attorney General (“OAG”), New York State Education Department (“NYSED”), and the New York Governor's Office. In December, 2025, those entities updated their joint guidance document, New York State Guidance on Safeguarding the Rights of Immigrant Students (“Updated State Guidance”). It is intended to remind school districts of their obligations to provide “a safe haven” where all students are welcomed and provided with a free public education.  Contact our office for this client memo.

January 19, 2026, Immunization Exclusions from School 

During the 2025-2026 school year, school districts across the state have received an increase in requests for medical exemptions from immunization. These requests, submitted by parents who do not want to have their children immunized in accordance with state law, have been made largely through the efforts of one attorney, Chad Davenport. This memorandum seeks to remind district staff of best practices to follow when reviewing medical exemption requests from parents.  Contact our office for this client memo.

January 13, 2026, Immunization Update from the Department of Health

On January 5, 2026, the Centers for Disease Control and Prevention (“CDC”) announced a change in its childhood immunization schedule, which recommended that fewer immunizations be given to children. The CDC reclassified six of their seventeen vaccines on their immunization schedule, recommending them only for high risk groups or in shared decision-making between parents and their doctor, instead of recommending them for all children. Contact our office for this client memo.

January 12, 2026, Extensions of Electric Bus Requirements

In the April, 2022 New York State budget, the legislature enacted a requirement that all school buses purchased, leased, or procured by school districts on or after July 1, 2027 be zero-emission (electric) buses. According to this statute, districts must also ensure that their entire fleet, buses they own, maintain, or contract from third parties—is zero-emission by July 1, 2035. Districts must  report their progress in pursuit of this goal annually to SED by August 1st. Contact our office for this client memo.

January 6, 2026, Update on Suffolk County BOE Voting Machines

We previously advised clients on October 24, 2025, about the Suffolk County Board of Election's (“Suffolk BOE”) decision to no longer provide voting machines for districts to use for school board elections. The Suffolk BOE offered school districts the option of transferring, free of charge, the voting machines currently in the Suffolk BOE's possession, or purchasing voting machines from  another vendor. The Suffolk BOE's decision was effective as of January 1, 2026. Contact our office for this client memo.

January 5, 2026, New Voting and Elections Database Law

This memorandum is to inform you of important new requirements for school districts under the New York State “Dr. John L. Flateau Voting & Elections Database of New York Act” (“the Act”), passed by the state legislature in 2024. This law, which is effective on April 1, 2026, adds a multitude of reporting requirements for school districts related to school district elections held after April 1, 2026. Contact our office for this client memo.

December 29, 2025, Update on SED's Proposed Regulations for Dually Enrolled High School Students

On October 27, 2025 we advised clients about proposed regulations from the State Education Department (“SED”) requiring districts to annually report student participation rates in dual enrollment programs for college course credit. The proposed regulations are scheduled to take effect on January 28, 2026. They require districts to submit the data regarding their partnership agreements with colleges and universities on a form prescribed by SED, by September 1, 2026.  Contact our office for this client memo.

December 22, 2025, Proposed Legislation Requiring Project Labor Agreements for School Construction 

Several clients have asked questions concerning proposed state legislation targeting Long Island school construction projects for the mandatory use of project labor agreements (“PLAs”). The bill would require PLAs for all school projects exceeding $1 million in Nassau and Suffolk Counties. The legislation has major implications for school districts, including potentially higher costs, reduced workforce flexibility, and the elimination of Wicks Law requirements. This memorandum analyzes the bill and its potential impact on Long Island school districts. Contact our office for this client memo.

December 15, 2025, Recording CSE Meetings

We have received questions from district staff asking whether parents have the right to record meetings of the Committee on Special Education (“CSE”). This memorandum answers commonly asked questions we have received on this topic and offers practical advice for CSE meetings. Contact our office for this client memo.

December 8, 2025, New Court Decision on Off-Campus Conduct

On October 30, 2025, the Second Circuit Court of Appeals issued a decision in Leroy v. Livingston Manor Central School District, related to a superintendent's one-month suspension of a student for off-campus conduct in New York. The decision may have significant implications for future suspensions for off-campus misconduct. Contact our office for this client memo.

December 1, 2025, SED's Proposed Regulations on Personal Finance and Climate Instruction

On October 23, 2025, the State Education Department (“SED”) published proposed regulations requiring school districts to provide instruction in personal finance and climate education. The proposal is part of a series of recommendations from NY Inspires, SED's plan to transform education in New York. The proposed regulations are expected to be adopted at the March, 2026 Board of Regents meeting, and become effective on March 25, 2026, with implementation to start for the 2026-2027 school year.  Contact our office for this client memo.

November 26, 2025, New Laws for Annual BOE Meeting and Elections 

This past week, Governor Hochul signed two new bills into law related to school board elections. She also signed a third bill into law related to school boards' annual reorganization meeting. Contact our office for this client memo.

November 24, 2025, Updated Parent's Guide to Special Education

In November, 2025, the State Education Department (“SED”) released an updated handbook for parents of students with disabilities titled: Special Education in New York State for Preschool and School-Age Students with Disabilities, A Parent's Guide (“handbook”). The handbook provides parents with a broad overview of the special education process in New York, and discusses their due process rights under federal and state law. Contact our office for this client memo.    Special Education Parent's Guide

November 17, 2025, Cyber Security Attacks 

We previously advised clients on September 17, 2025 and October 8, 2025 of a new state law requiring districts to report any cyber security incident to the New York State Division of Homeland Security and Emergency Services (“DHSES”) within 72 hours. On November 10th, the New York State Intelligence Center (“Intelligence Center”) issued a Cyber Intelligence Bulletin (“Bulletin”) advising districts that they continue to be targeted in cyber security attacks at an alarming rate. The State Education Department (“SED”)'s Chief Information Security Officer also issued a memorandum reiterating the findings from the Intelligence Center. Contact our office for this client memo.    

Residency Investigations & Determinations, November 14, 2025

On Friday, November 14th, Frazer & Feldman, LLP held a successful Legal Loop Workshop for Assistant Superintendents, Districts Clerks, and Residency Officers on Residency Investigations & Determinations.  Contact our office for this client memo.

Parent Counseling and Training, November 10, 2025

We have received questions from district staff about the purpose of parent counseling and training on a student's Individualized Education Program (“IEP”). This memorandum is a reminder of when and how parent counseling and training should be recommended by the Committee on Special Education (“CSE”), and best practices for its implementation. Contact our office for this client memo.

IDEA and Section 504, October 24 2025 

On October 24, 2025, attorneys Jack Feldman and Dan Levin from Frazer & Feldman, LLP presented at the annual convention of the New York State School Boards Association in New York City. Contact our office for this client memo.

SED's Proposed Regulations on Diapering and Toileting, November 3, 2025

In September, 2024, Governor Hochul signed into law Chapter 361 of 2024, which requires the Commissioner of the State Education Department (“SED”) to create statewide protocols for diapering and toileting of children in schools. The teachers' union had advocated for its passage to ensure that districts provide appropriate supplies and locations for staff who are required to meet the needs for diaper and toilet students. On August 28, 2025, SED published proposed regulations to implement the law, which are expected to take effect on March 27, 2026. Contact our office for this client memo.

SED's Proposed Regulations for Dual Enrollment of High School Students, October 27, 2025

As part of the state budget approved for the 2025-2026 school year, the state legislature required that the Commissioner of Education develop a statewide policy related to dual enrollment programs, which provide high school students with the opportunity to earn college credits. The dual enrollment program is defined as a partnership between a school district an institution of higher learning (i.e. college or university) that allows high school students the opportunity to enroll in college courses and earn transferable college credit while completing high school diploma requirements. The State Education Department (“SED”) notes that New York has the third largest dual enrollment student population in the country, but does not currently have a statewide framework in place to ensure quality and accountability. Contact our office for this client memo.    

Client Memo Mondays, October 27, 2025

At Frazer & Feldman, LLP, we are guided by the principle that it is easier, and more cost efficient, to keep our clients out of trouble than it is to get them out of trouble. We implement this principle, in part, by issuing client memoranda on a wide range of subjects, from updates in state law and regulations, to important court decisions and best practices for compliance. Other updates from our office have included: our monthly Read All About It! column sent to special education directors; outlines from presentations we have made; legal articles we have published; and other important information. Over the past two years, we have increased the volume of client memos and updates based on the overwhelmingly positive feedback and follow-up questions we have received from staff, superintendents, and board members. Contact our office for this client memo.    

Suffolk County BOE Voting Machines, October 24, 2025

On October 7, 2025, the Suffolk County Board of Elections (“BOE”) notified school districts in a memorandum that as of January, 2026, it would no longer provide voting machines
to districts for school board elections. The Suffolk County BOE provided two options to assist school districts in securing voting machines. First, the Suffolk County BOE will transfer to
districts, free of charge, Dominion Voting System's (“Dominion”) voting machines currently in the possession of the Suffolk County BOE. In the alternative, districts may purchase voting
machines from another vendor at the district's expense. The Suffolk County BOE signed a new contract with the vendor Election Systems & Software in August, 2025, to purchase new touch
screen voting machines for elections in 2026. Contact our office for this client memo.  

Executive Proclamation on H-1B Visas, October 22, 2025

Over the years, several of our clients have asked us to assist them with applications for H-1B Visas in order to hire foreign workers as district employees. Typically, those non-U.S. citizens are foreign language teachers who have rare teaching certifications or credentials such as Manderin. The application process includes a petition, extensive proof of the individual's background and experience, and various fees totaling about $4,000, submitted to the federal government. According to the National Educational Association, over 500 school districts employed more than 2,300 H-1B Visa holders during the last school year. Contact our office for this client memo.

SED Guidance on Eloping and Wandering Students, October 20, 2025

In September, 2025, the State Education Department (“SED”) released updated guidance related to student elopement and wandering in schools. SED's guidance on this topic was last updated in 2014. SED is now strongly recommending that districts have protocols and procedures in place to prevent and respond to instances of student elopement and wandering in a school building. These protocols and procedures should be part of a school's building-level emergency response plan. A district's response protocols and procedures should include: training staff on awareness and response to student elopement and wandering; notifying administrators and local law enforcement; communicating protocols with local law enforcement; using a system-wide communication alert system; assigning staff for building and ground searches; providing law enforcement with access to floor plans and blueprints in the event of an emergency; and notifying parents immediately. Contact our office for this client memo.

Presentation on Title VI, October 16, 2025

On October 7, 2025, attorneys Dennis O'Brien and Daniel Levin from Frazer & Feldman, LLP presented at the virtual school law conference hosted by the Council of School Attorneys for the National School Boards Association.  Attached for reference is a copy of their presentation on: Navigating the Conflict Between State Laws Prohibiting the Use of Tribal Names and Symbols, and the Current Administration's Interpretation of Title VI. Contact our office for this presentation.

Stay Away Orders, October 14, 2025

In June, 2025, the Commissioner of Education issued a decision upholding a district's restrictions placed on an individual's access to district property without express prior written notice of the superintendent. These restrictions are commonly referred to as “stay away” orders or directives. Below is a discussion of the legal criteria for issuing a stay away order, and recent decisions from the Commissioner in which a district's stay away order was upheld. Contact our office for this client memo.

Update on Cyber Security Incident Reporting Law, October 8, 2025

We previously advised clients on September 17, 2025 of a new state law requiring districts to report any cyber security incident to the New York State Division of Homeland Security and Emergency Services (“DHSES”) within 72 hours. In response to questions from our clients, we received additional information about the new law from the Office of Counter Terrorism in DHSES, which is contained within their presentation (attached). Contact our office for this client memo.

ICT Classroom Ratio, October 6, 2025

This memorandum is a reminder to districts about the requirements for placement of children with special needs in an Integrated Co-Teaching (“ICT”) classroom. An ICT classroom consists of both a special education and a general education teacher co-teaching a combined class of disabled and non-disabled students. At least one of the two teachers teaching in the ICT classroom must be certified in general education for elementary school, and in the academic subject area for middle school and high school. The second teacher should have a special education teaching certification. A classroom consisting of one teacher and a teaching assistant does not constitute an ICT classroom. Contact our office for this client memo.

Immunization Update from the Department of Health, September 25, 2025

We previously advised clients on September 18, 2025, of the legal requirements regarding mandated student immunizations and medical exemption requests pursuant to Public Health Law (“PHL”) § 2164(8). The September 18th memorandum was issued to clarify any confusion that may have been caused by a recent letter transmitted to school districts across the state by the Children's Health Defense (“CHD”). The CHD letter advised school districts that a recent decision issued by the Eastern District of New York (“EDNY”) in Doe v. Oceanside UFSD, severely restricted the scope of review school districts could conduct when considering exemption requests. We advised clients that CHD's argument was misplaced. In short, we advised that school districts should continue to follow the protocols outlined in PHL § 2164 and the corresponding Department of Health regulations contained in 10 NYCRR 66-1.3(c). Contact our office for this client memo.

Updated SED Guidance on Providing FAPE to Age 22, September 22, 2025

We previously advised clients on November 14, 2024, and April 8, 2025, about the entitlement to continued education of students classified with a disability who turn 21 years of age. On July 23rd, we also advised clients about two new court decisions from the New York Appellate Division, Third Department in Mahopac Central School District v. NYSED, and Katonah-Lewisboro Union Free School District v. NYSED. In both decisions, the Third Department upheld SED's interpretation that districts must now provide a free appropriate public education (“FAPE”) until a student's 22nd birthday, or receipt of a high school diploma, whichever comes first. Contact our office for this client memo.

Student Immunization Decision, September 18, 2025

This memo is to address concerns that have arisen following an August 12, 2025 decision issued by a judge in the United States District Court, Eastern District of New York, in litigation where the District was represented by the law firm of Sokoloff & Stern. The decision addressed a student immunization matter. In Doe v. Oceanside UFSD, 25-cv-02304, a student challenged the school district's decision to deny the student's request for a medical exemption from the immunization requirements under Public Health Law (“PHL”) §2164, and to exclude the student from school. The decision issued by the court granted the student's request to stay the exclusion from school during the pendency of the case, despite the fact that the student lacked the required full immunization for Hepatitis B. Contact our office for this client memo.

New Cyber Security Training and Reporting Law, September 17, 2025

On June 26, 2025, Governor Hochul signed Chapter 177 into law requiring new cyber security training and reporting by school districts. The law took effect on July 30, 2025. The law requires school districts to report cyber security incidents to the State Division of Homeland Security and Emergency Services (“DHSES”) within 72 hours after the district reasonably believes that a cyber security incident has occurred. A “cyber security incident” is defined as “an event occurring on or conducted through a computer network that actually or imminently jeopardizes the integrity, confidentiality, or availability of computers, information or communications systems or networks, physical or virtual infrastructure controlled by computers or information systems, or information resident thereon.” According to an article from the New York State School Boards Association, there were at least 1,600 cyber security related incidents reported by school districts between 2016 and 2022, with the average ransom demand about $847,000.  Contact our office for this client memo.

Best Practices for IEP Amendments, September 15, 2025