Unauthorized Disclosure and Access to Protected Student Records: What School Districts Should Consider to Ensure the Protection of Sensitive DataOct 29th, 2024
by Daria Ivasiuk

Unauthorized Disclosure and Access to Protected Student Records: What School Districts Should Consider to Ensure the Protection of Sensitive Data

There has been a spike in data security breaches during recent years, including unauthorized access to and release of student records. The New York State Education Department (“NYSED”) and the Office of the New York State Comptroller (“Comptroller”) stress that adequately safeguarding confidential information regarding students and their families is of the utmost importance. The Comptroller and NYSED both emphasize the need for school districts and vendors providing information technology services (“IT”) to adhere to federal and state laws regulating data protection and to include security protocols in their contracts aimed at avoiding the unauthorized disclosure and release of protected information.

Your Capital Project Toolbox: Avoiding Scope CreepOct 29th, 2024
by David E. Tinker

Your Capital Project Toolbox: Avoiding Scope Creep

At the planning stage (Schematic Design, Design Development, and Construction Documents) and the Construction Administration stage of a capital construction project there are pressures to expand the scope of the work being planned or performed. Here are tools to add to your toolbox so that the scope of the completed project is intentional, deliberately determined, and not the result of “scope creep.”

Business Official Academy: Legal Issues Impacting the School Business OfficeSep 23rd, 2024
by Ferrara Fiorenza PC

Business Official Academy: Legal Issues Impacting the School Business Office

Join Ferrara Fiorenza for this virtual series examining the legal issues impacting school business offices. Register for $100 per session, or purchase the entire series bundle for $550 per district.

2024 APPR Reform Law Impacts Critical Educator Personnel DecisionsSep 13th, 2024
by Melinda B. Bowe

2024 APPR Reform Law Impacts Critical Educator Personnel Decisions

The new law provides that school districts and BOCES may continue to implement their current APPR plans, including submitting modifications, through the 2031-32 school year. However, after the 2031-32 school year, all plans must be designed, submitted, and implemented in accordance with the new Standards-based Educator Evaluation and Professional Support (“NYS-STEPS”) framework.

Recent Comptroller Audit Report Highlights Need for School Districts and BOCES to Develop and Manage a Comprehensive Investment Program, Including Annual Review and Re-Adoption of Investment Policy Sep 13th, 2024
by Charles E. Symons

Recent Comptroller Audit Report Highlights Need for School Districts and BOCES to Develop and Manage a Comprehensive Investment Program, Including Annual Review and Re-Adoption of Investment Policy

In a recently issued audit report, the New York State Comptroller criticized a school district for failing to properly comply with General Municipal Law Section 39’s requirement that districts annually review and re-adopt an investment policy.

Residency InvestigationsAug 29th, 2024
by Ryan L. McCarthy

Residency Investigations

Under New York Education Law §3202 (1), students who reside in a school district are entitled to attend that school district. Non-resident students may attend a school district if authorized by Board of Education policy, upon such terms and conditions set by the Board of Education, typically including payment of tuition. The individual school districts are solely responsible for enforcing the residency requirement of their students, mostly because the school districts have a financial incentive to ensure compliance.

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