Feb 23rd, 2021A 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 …
Jan 28th, 2021Mandatory COVID Vaccinations for Employees? Not Yet.
The recent roll-out of COVID-19 vaccinations has raised hopes of a 2021 return to the workplace for most public school employees. Although the present availability of vaccines is still quite limited, and the prospect of society reaching “herd immunity” is still many months away, questions are already being raised about whether an employer can mandate …
Jan 28th, 2021NYSED Releases Guidance on Supporting the Graduating Class of 2021
The State Education Department recently released a guidance memo that builds upon the previous school reopening guidance to describe specific strategies and supports that schools should have in place to support graduating high school seniors during the unprecedented COVID-19 pandemic. This year’s high school seniors are in a unique position due to the pandemic and …
Jan 28th, 2021Free Speech Showdown – Social Media and Students’ Rights
Free speech has always been and remains a hotly contested issue in our society, especially in the public school context. There is a delicate balancing act between recognition of schools’ necessity to maintain an orderly environment conducive to learning and their students’ First Amendment rights. Last summer, in B.L. v. Mahanoy Area School District, the …
Oct 30th, 2020Federal Court Rules: No Right to Independent Functional Behavioral Assessment
On September 17, 2020, the U.S. Court of Appeals for the Second Circuit ruled that parents of students with a disability are not entitled to obtain an independent Functional Behavioral Assessment (“FBA”) as a form of an independent educational evaluation (“IEE”). (D.S. v. Trumbull Bd of Educ.) This ruling is contrary to guidance from the …
Oct 30th, 2020Retaining Hourly Employees During Shutdowns May Warrant MOA’s
Due to Covid-19 exposures and/or increased infection rates, school districts are being forced to close buildings on a short-term basis. This can result in complications for hourly personnel, which can, in turn present complications for the district as a whole. For example: the lack of consistent full-time employment and pay may prompt them to find …
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