Jan 23rd, 2025An Inadequate Response to An Accused May Give Rise To Title IX Liability
A recent Court decision reminds school districts that the rights of the accused must also be protected during any Title IX investigation. In the case of Schiebel v. Schoharie Central School District, 120 F. 4th 1082 (2d. Cir. 2024), an agricultural educator brought a Title IX claim against the school district, alleging that the school district discriminated against him on the basis of sex in the manner that it conducted a Title IX investigation. The Court found the educator set forth a viable claim exposing the school district to liability.
Jan 23rd, 2025Heat-Related Closures on the Horizon Beginning Next School Year; New Policy Requirement
On December 13, 2024, Governor Kathy Hochul signed Chapter 596 into law. Chapter 596 adds a new section of the Education Law, Section 409-n, which establishes a maximum temperature in school buildings and school facilities. The law goes into effect on September 1, 2025.
Dec 18th, 2024Terminated for Misconduct: Does COBRA apply?
When an individual’s employment is terminated due to misconduct, questions often arise about whether the employee (and their spouse and dependents) can be denied COBRA continuation coverage due to “gross misconduct”. While the law disqualifies an employee from COBRA continuation coverage when the employee engaged in “gross misconduct”, the phrase is not defined in the law. Moreover, courts have not agreed on when it is proper to apply this exception to the COBRA rules.
Dec 18th, 2024School District Procurement Procedures and the Appropriate Use of Piggyback Purchasing
The State Comptroller’s Office recently issued findings related to school districts and their procurement procedures. Specifically, the Comptroller addressed the inadequate management of “piggyback” purchases made by schools. With this recent Comptroller scrutiny, and with many school districts having capital projects in full swing, it is important to be mindful of the N.Y. General Municipal Law’s specific requirements for making piggyback purchases.
Nov 22nd, 2024Private Contracts for Instructional Services?
Each year schools receive solicitations from third parties offering to perform the various services required to operate the school district. These vendors sometimes seduce schools with offers to perform services the schools have no authority to contract for, which can lead to unauthorized contracts and legal headaches.
Nov 22nd, 2024The Challenge of Affording Disciplinary Due Process While Assessing Student Threats
It is an unfortunate reality that students engage in behaviors that are — or might appear to be — threats to others in the school community. Schools must investigate and respond to real or perceived threats immediately. But in their haste, schools must not lose sight of their obligation to provide students with due process before imposing student discipline.
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