Aug 23rd, 2022Careful Consideration of Transportation Pick-Up/Drop-Off Modification Requests is Essential
The Education Law provides school districts with broad discretion when designating pick-up and drop-off points on transportation routes. But what happens when families work collaboratively to suggest an alternative that is a minimal distance from the district-designated location, is potentially safer, and results in minimal inconvenience to the school district?
Aug 23rd, 2022Implement, Implement, Implement
Under the IDEA and New York State Education Law, students classified as students with disabilities must be provided with a free appropriate public education (FAPE) in the least restrictive environment (LRE). To do this, a District committee on special education (CSE) determines if the student qualifies to be identified as a student with a disability in one of the 13 enumerated categories; if so, the CSE creates an individualized education plan (IEP), specifying the special education and related supports and services to be provided the student, based upon the student’s unique needs and abilities. Once an IEP is created, it is as binding on the District as any other legal mandate. The CSE has created the IEP; it is up to the District’s administration to ensure its implementation. In fact, failure to implement any material aspect of an IEP is generally prima facie evidence of a failure by the school district to provide a FAPE.
Aug 23rd, 2022Arriving Soon - The Electric Bus
Zero emission vehicles will soon be a legal requirement for NYS Public Schools. The electric bus is scheduled to arrive in 2027—are you prepared for the ride? This article is intended to help you think about and prepare for the arrival of the electric bus.
Jul 22nd, 2022Student Discipline – The Practical Need for Procedural Perfection
Student discipline encompasses important factors for educators seeking to balance student accountability for violation of the school rules, disruption to the educational setting, school safety, and the educational needs of students subject to discipline.
Jul 22nd, 2022Court of Appeals Decision on Retiree Health Benefits Likely to Impact Collective Bargaining
The decision by the New York State Court of Appeals (New York State’s highest court) in Donohue v. Cuomo (38 N.Y.3d 1), issued in February 2022, is a significant case impacting New York State law on retiree health insurance.
Jun 24th, 2022Protecting the Intellectual Property of School Districts
When you think of a school district’s “property,” you may first think of the tangible buildings, grounds, and equipment owned by the district. However, the school district also maintains the intangible right to its “intellectual property.” A district’s intellectual property may include trademark rights in any number of marks related to the district, including the name of the district and its schools, or the district’s seal, logo,mascot or motto.
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