Motto For Employee Misconduct Or Performance: Get ‘Em Good Or Get ‘Em GoneApr 26th, 2021
by Allison L. Marley

Motto For Employee Misconduct Or Performance: Get ‘Em Good Or Get ‘Em Gone

Section 3020 of the Education Law provides, in part, “No person enjoying the benefits of tenure shall be disciplined or removed during a term of employment except for just cause” and in accordance with the procedures set forth in Section 3020-a of the Education Law.  These procedures include formal written charges and a hearing.  Without …

Immunization UpdateApr 26th, 2021
by Katherine Gavett

Immunization Update

Under New York Public Health Law § 2164(7)(a), all schools must ensure that students attending school in grades Pre-K to 12 have received mandatory vaccinations.  School districts may not permit a student to attend school in excess of fourteen days without a certificate demonstrating compliance.  The only exemption to the immunization requirement is a certification …

Maintain School District Facilities with Annual Capital Outlay ProjectsMar 23rd, 2021
by David E. Tinker

Maintain School District Facilities with Annual Capital Outlay Projects

A Capital Outlay Project is a program authorized by Education Law and the NYSED Office of Facilities planning which allows school districts to plan and implement a Capital Project by informing voters about the project in the budget newsletter and including a line item for the project in the school district budget. If the budget …

Oversight of Student Activity Funds is Not to be Taken LightlyFeb 23rd, 2021
by Heather M. Cole

Oversight of Student Activity Funds is Not to be Taken Lightly

Teachers often serve as extraclassroom activity advisors.  Extraclassroom activities, in turn, often involve student fundraising efforts.  Students use the fundraising experience to learn basic financial literacy and accounting, with the goal of using the money raised to participate in an extraclassroom experience.  Club advisors should be provided with written guidance and support regarding their financial …

A Refresher on Bullying and IEPsFeb 23rd, 2021
by Jennifer E. Mathews

A Refresher on Bullying and IEPs

In a 2011 decision, T.K. v. New York City Dep’t of Ed., 779 F. Supp.2d 289 (E.D.N.Y. 2011), the U.S. District Court determined that there may be times when a Committee on Special Education (“CSE”) is required to address bullying in a student’s Individualized Education Plan (“IEP”) and that failure to do so may deny …

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