Biden Administration Acts Swiftly – Signaling Change to Issues Impacting SchoolsFeb 23rd, 2021
by Charles E. Symons

Biden Administration Acts Swiftly – Signaling Change to Issues Impacting Schools

On January 20, 2021, President Joseph R. Biden, Jr., issued an Executive Order, titled, “Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation.” Signaling a dramatic change from prior federal guidance pertaining to transgender issues, the order states, in part, that, “Children should be able to learn without …

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 …

Mandatory COVID Vaccinations for Employees?  Not Yet.Jan 28th, 2021
by Miles G. Lawlor

Mandatory 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 …

NYSED Releases Guidance on Supporting the Graduating Class of 2021Jan 28th, 2021
by Lindsay A. G. Plantholt

NYSED 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 …

Free Speech Showdown – Social Media and Students’ RightsJan 28th, 2021
by Thomas F. Barrett

Free 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 …

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