New Student Voter Registration Requirements Become Effective July 1, 2024Jun 24th, 2024
by Lindsay A. G. Plantholt

New Student Voter Registration Requirements Become Effective July 1, 2024

Amendments to the New York State Election Law that impact school districts and BOCES will become effective as of July 1, 2024. These changes will require updates to board policies and practices for school districts and BOCES.

Court Replaces “Significant Harm” Test with “Some-Harm” StandardMay 28th, 2024
by Michael P. Leone

Court Replaces “Significant Harm” Test with “Some-Harm” Standard

In Muldrow v. City of St. Louis, the U.S. Supreme Court rejected lower court precedent requiring a plaintiff to show materially significant harm to prevail on a Title VII claim.

Responding Appropriately to SubpoenasMay 28th, 2024
by Charles "Chris" Spagnoli

Responding Appropriately to Subpoenas

There are a lot of misconceptions about subpoenas, fueled by their very official appearance and the language typically appearing on them indicating they are orders of court, and that failure to comply can lead to penalties for contempt. Blindly responding to subpoenas for records can present real pitfalls for school districts.

Reviewing Abolition of Position Rules for a Tough Budget SeasonApr 22nd, 2024
by James A. Gregory

Reviewing Abolition of Position Rules for a Tough Budget Season

Many public school districts are facing significant impacts to their upcoming budgets due to cuts in State aid. As a result, school districts are being forced to consider layoffs for next school year. This is following several years of a tight labor market requiring numerous school districts to employ uncertified personnel to meet mandatory programming needs because certified personnel could not be found. Additionally, effective February 24, 2024, new Civil Service layoff and recall job protections were extended to cover non-competitive and labor class positions, in addition to previously protected competitive class positions.

Rising Use of “Piggybacking” in Capital Projects – Protecting Your School From Legal ChallengesApr 22nd, 2024
by Jeffrey M. Lewis

Rising Use of “Piggybacking” in Capital Projects – Protecting Your School From Legal Challenges

In 2012, the New York State legislature authorized a new purchasing method to streamline competitive bidding procedures in certain circumstances. This purchasing method allows schools to “piggyback” on certain contracts previously entered into through competitive bidding by other governmental agencies.

NYSED Data Security Audits – How To Be ReadyMar 27th, 2024
by Jennifer E. Mathews

NYSED Data Security Audits – How To Be Ready

The New York State Education Department (“NYSED”) is conducting data security reviews/audits of school districts. What does this mean for your district? NYSED will call on selected districts and review your current data security policies and protocols. Pursuant to a memo NYSED issued on January 16, 2024, these reviews will commence this school year.

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