Jul 28th, 2023Comptroller Audit Reveals Lack of Compliance with Data Security and Privacy Laws and Regulations by SED and School Districts
The COVID-19 pandemic accelerated the use of educational software to deliver hybrid or remote educational services. This widespread use of technology and the sharing of electronic student data resulted in a steep increase in cybersecurity threats for schools. A recent audit of the New York State Education Department revealed that there has not been adequate oversight of school districts’ compliance with student data privacy and security laws, including the reporting of data breach incidents.
Jun 28th, 2023Effective Communication for Students and the ADA
Schools have long known that students with hearing, vision and speech disabilities may need accommodations in school to receive a Free Appropriate Public Education under either the Individuals with Disabilities Education Act or Section 504 of the Rehabilitation Act of 1973, or both. The U.S. Supreme Court, in the case of Board of Education of the Hendrick Hudson Central School District v. Rowley, ruled in 1982 that the school had no obligation to provide the requested sign language interpreter for a hearing impaired student because the student was able to succeed in school with residual hearing and lip reading; the school’s obligation was only to provide services so that the student could benefit from education, not necessarily to reach her potential.
Jun 28th, 2023What's In A Name? Copyright and Trademark Infringement Risks for Interscholastic Athletics
Interscholastic athletics is an integral part of the student experience and School’s team name, logos, uniforms, and mascots can invoke pride and a sense of identity for the students and the larger community. For any school looking to change their team name, logos, uniforms, or mascots, either because of the recent prohibition against indigenous imagery or to find a new look, it is imperative that the Districts consider the Intellectual Property concerns that could unexpectedly burden the District.
May 31st, 2023The Red Flag Gun Protection Law
New York’s Red Flag Law (NY CPLR Article 63-a), which became effective on August 24, 2019, allows the state to prevent individuals who show signs they may be a threat to themselves or others from purchasing, possessing, or attempting to purchase or possess a firearm, rifle, or shotgun. The law aims to prevent tragedies like the recent school shootings in Uvalde, Texas and the mass shootings in Buffalo and Chicago by taking a proactive approach to potential threats.
May 31st, 2023Open and Shut: Challenges to Executive Session Discussions
A recent decision of the New York State Supreme Court for the County of Oneida reflects an apparent trend away from overly technical readings of the Open Meetings Law. There remain, however, pitfalls of which school districts and BOCES should be wary.
Apr 28th, 2023Short term Suspensions and Complaining Witnesses: When must a school district produce a student witness at the principal’s “informal conference?"
In a recent decision, the Commissioner of Education further emphasized the need to specifically comply with the procedural requirements for a suspension from attendance of 5 days or less, also called a “Principal’s suspension” and further defined who may be a “complaining witness” at the informal conference.
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