Dec 22nd, 2022Homebound Instruction and Tutoring: Need for a Policy Change?
Since the Spring, the Board of Regents has repeatedly adopted an emergency regulation addressing the increased need for schools to provide instruction to students unable to attend due to health issues. The emergency regulation is anticipated to become permanent in January 2023.
Dec 22nd, 2022It’s The Most Wonderful Time of the Year: Reviewing and Updating Codes of Conduct
Many of the school districts and BOCES we represent are taking time this holiday season to fulfill their obligation to annually review and update (as necessary) their codes of conduct, “…taking into consideration the effectiveness of code provisions and the fairness and consistency of its administration.” (8 NYCRR § 100.2(l)(ii)(3).) While assisting our clients with this process, we have been finding that many Codes of Conduct do not meet the basic requirements set forth in the Commissioner’s regulations. Moreover, they frequently include information or rules better left to board policies or administrative regulations.
Dec 22nd, 2022New NLRB Decision Allows Unions to “Cherry-Pick” Employees for Organization Drive
The National Labor Relations Board (“NLRB” or “Board”) recently applied an Obama-era standard in a decision permitting unions to organize smaller, more tailored groups of employees.
Nov 21st, 2022FERPA Isn’t the Only Student Privacy Law You Need to Follow: Remember the PPRA
School district officials should keep in mind that, in addition to the Family Educational Rights and Privacy Act (FERPA) which protects students’ privacy with respect to disclosure and use of their personal information, there is another law that protects student privacy from a slightly different perspective: the Protection of Pupil Rights Amendment (PPRA).
Nov 21st, 2022Minimum Wage Increase Effective December 31, 2022
As part of the 2016-2017 New York State Budget, the State adopted gradual minimum wage increases for non-fast-food employees outside the New York City region. The minimum wage is scheduled to increase every December 31st until the rate reaches $15.00 per hour.
Oct 31st, 2022Beware of the Boilerplate Contract
Each year, school district business offices are tasked with negotiating a variety of commercial contracts necessary to operate the school district. In most cases, the starting point in these negotiations is the vendor’s boilerplate contract, filled with terms blatantly unfair to the school district. These boilerplate contracts often contain one-sided commercial terms in favor of the vendor, or worse, contain terms illegal in school district contracts. Executing these boilerplate contracts can leave the school district open to criticism from the New York State Comptroller, or with limited recourse in the event the vendor fails to perform under the contract.
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