Jun 30th, 2020Are Compensatory Educational Services in Order?
During these past months of COVID-19 school closures and remote instruction, students with disabilities have received special education instruction and related services using varying degrees of remote telepractice. The U.S. Department of Education has advised that special education services need to be provided equitably compared to that instruction provided to students without a disability. Nevertheless, …
Jun 30th, 2020Employees Cannot Wear Face Covering Due to Medical Condition?
If an employee has medical reasons why he/she cannot wear a face mask or other covering, this would trigger the employer’s obligation to engage in the Americans with Disabilities Act (ADA) interactive process. During this process, the employer may send the employee home pending completion of the process. As part of this process, the employer …
Jun 30th, 2020Opioid Epidemic Related Litigation
Numerous lawsuits seeking to recover monetary damages and other forms of relief against the pharmaceutical industry have been consolidated into a Multidistrict Litigation proceeding presently pending in federal court in Ohio. There is also a related bankruptcy proceeding pending in federal court in New York. School districts that believe they have suffered significant damages as …
May 29th, 2020Annual Election and Budget Vote Assistance Available June 9
What would you do? You are conducting your District’s Annual Election and Budget vote. You have received two absentee ballots in the same envelope. Can you count either ballot? What if a voter who you believe is not a resident submits a ballot? What steps should you take? You have a smudged write-in vote. Do …
May 29th, 2020Layoffs on the Horizon? Prepare Now!
Public school districts are facing the prospect of significant State funding cuts because of the COVID-19 pandemic’s devastating impact on New York State’s finances. As a result, reductions in force may be a part of some school districts’ reopening plans. Different rules and layoff procedures will apply to different classes of employees, so school district …
May 29th, 2020Data Security and Privacy Takes on Renewed Importance During Distance Learning
In light of the shift to distance learning due to the COVID-19 emergency, the security of student data has become a more pressing concern for school districts and BOCES. This article provides an update on recent cyber threats and a reminder of school district and BOCES’ responsibilities under Education Law Section 2-d. Unfortunately, COVID-19 has …
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