Dec 7th, 2021A Delicate Balance – Addressing Religious Holidays in Public Schools
With the holiday season well underway, celebrations and observances abound. Perhaps now more than ever, these events remain a helpful tool for school communities to boost morale. However, the worthy aim of these events does not insulate school districts from claims of religious exclusion. In a society predominantly observing Christmas, there is a fine line …
Nov 28th, 2021Persistently Dangerous Schools – Clarification of Reportable Incidents
Persistently dangerous schools are designated by reference to the School Safety and Educational Climate (SSEC) incident categories and definitions which enter into a calculated School Violence Index (SVI). The SSEC and SVI have been revised effective July 1, 2021, in response to confusion regarding a number of the categories, their definitions, and how they were …
Nov 28th, 2021New Posting Requirements Under the Open Meetings Law
Under a new amendment to the New York State Open Meetings law (Public Officer’s Law §103), School Boards are now required to make documents available at least twenty-four hours before a meeting – to the extent practicable. Significantly, this amendment does not change the types of documents which must be made available, it only addresses …
Nov 28th, 2021Consider Reviewing Your Code of Conduct To Ensure It Does Not Violate the CROWN Act
The Dignity For All Students Act (“DASA”) was amended in 2019 to prohibit discrimination or bullying related to a student’s hairstyle, commonly known as the CROWN Act. The CROWN Act protects students’ rights to wear or treat their hair however they desire, without threat of racial discrimination or loss of access to school programs or …
Oct 26th, 2021Student Admissions Are Sufficient Proof of Guilt – Most of the Time
With students returning to school after a year of operating on a hybrid and/or remote basis due to the COVID-19 pandemic, schools may be seeing an uptick with student behavior referrals resulting in long-term suspensions. For a student to be suspended for a period longer than five days, the student is entitled to a hearing …
Oct 26th, 2021FMLA Military and Child-Rearing Leave Requirements Not Always Logical
Two recent client questions regarding the Family and Medical Leave Act (FMLA) demonstrate that the law and its regulations are not always logical or intuitive. The first involved whether an employee could take leave under the FMLA to attend her son’s graduation from basic training in the U.S. Marines. The second question had to do …
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