Boards of Education and Boards of Trustees
Superintendents of Schools
Assistant Superintendents/Directors of HR/PPS/Business
July 18, 2022
The inspiration for this memorandum is a recent audit of several school districts by the New
York State Comptroller’s Office, which identified widespread failures to adhere to the mental health
training requirements under the New York SAVE Act
Click to Read More about this client memo
Legal Leaders-New York Area’s Top Rated Lawyers of 2022
July 7, 2022
Frazer & Feldman is proud to announce that we have been recognized in the July/August 2022 issue of the National Law Journal as one of the "Top Rated Lawyers of 2022". The recognition is based on the firm being AV rated by Martindale Hubbell, the highest peer rating for legal and ethical standards and celebrating the achievements of the New York Tri-State area’s legal leaders. Please see attached or visit their website at https://www.law.com/nationallawjournal/rankings/the-2022-nlj-500.
Click to Read More about this client memo
Update to Virtual Board Meeting Rules
June 29, 2022
As part of its annual budget bill, the Legislature passed an important amendment to the Open Meetings Law (“OML”).
The amendment provides an all-new set of rules for board
meetings that involve virtual participation via videoconference.
Click to Read More about this client memo
New Supreme Court Decision regarding School Prayer
June 29, 2022
This memorandum is to inform you of a recent decision issued by the United State
Supreme Court regarding school prayer, and a public school coach’s right to pray on the football
field. See Kennedy v. Bremerton School District, No. 21-418, -- S.Ct.-- (June 27, 2022). In sum,
the Supreme Court held that: (1) the coach’s conduct was protected by the First Amendment’s
free speech and free exercise of religion clauses; and (2) the coach’s prayers did not violate the
Establishment Clause, which bars the government from both establishing an official religion and
preferring one religion over another.
Click to Read More about this client memo
Addition of Section 100.22 and Amendment of Section 200.6 of the Regulations of
the Commission of Education Relating to Homebound Instruction
June 8, 2022
This memorandum provides information about proposed amendments to section 200.6 and
the addition of 100.22 of the Regulations of the Commissioner of Education (“Regulations”),
relating to the instruction provided to students in a home, hospital, or non-school instructional
setting, otherwise referred to as homebound instruction. The proposed amendments were adopted as
an emergency rule at the May, 2022 Regent’s meeting.
Click to Read More about this client memo
RAAI! March-April 2022.
May 17, 2022
In this installment of the Attorney’s Corner, we review two decisions from the
United States District Court for the Southern District of New York. The first decision
examines the issue of private school tuition reimbursement and parents’ actions---
namely, the making of a down payment towards tuition at a private school as proof
of notice that something was wrong. The second case analyzes a blanket reduction
of attorney’s fees based upon an education law firm’s hourly rates and billing
practices.
Click to Read More about this client memo
Budget Re-Vote.
May 13, 2022
This memorandum will provide you with the options available to the Board of Education should the budget be defeated by the voters on May 17, 2022. As in previous years, the Board may hold a special meeting (a budget “re-vote”), in which case the Board can present the same or a modified budget to the voters. The procedures for a re-vote are outlined below. Alternatively, the Board may choose to forego a second vote and adopt a contingency budget. The parameters for a contingency budget also follow below.
Click to Read More about this client memo
Campaigning and Electioneering
May 12, 2022
In anticipation of the upcoming school district election and budget vote, we are providing an overview of how board members and others can — and cannot — participate in the election process.
Click to Read More about this client memo
Superintendents of Schools District Clerks Boards of Education
May 04, 2022
This memorandum will provide information and instructions for you and your election personnel on election day. You can review or distribute the election worker instructions set forth on the page entitled "Instructions for Election Workers" as is, or modify the document to fit your particular circumstances. In the event of a challenge to the election, the fact that you provided clear and precise instructions to your election workers will go a long way in defending the integrity of the election.
Click to Read More about this client memo
RAAI! February 2022.
In this installment of the Attorney’s Corner, we review two decisions from the Eastern District Court, one from the Western District Court of Washington, a U.S. Court of Appeals decision and an appeal to the Commissioner of Education. First we review a decision from the United States District Court for the Eastern District of New York. The District Court decision examines the issue of private school reimbursement and parents’ predetermination--- namely, the parents’ unwillingness to cooperate with the Committee on Special Education (“CSE”), despite being given the opportunity to meaningfully participate in the CSE meeting and IEP development. Next, we review another decision from the Eastern District of New York that analyzes the New York City Department of Education’s obligation to provide trained staff to administer Glucagon for students with Type I and Type II diabetes on school buses and field trips. Thirdly, a decision of the United States District Court for the Western District of Washington is reviewed, that examines the school district’s obligations to conduct child find and provide procedural safeguards under IDEA or risk facing claims under an exception to IDEA’s two-year statute of limitations. We also examine a U.S. Court of Appeals decision which looks at whether “slow gains” meets the FAPE standard under Endrew F. Lastly, we review a Commissioner’s decision involving the board of education’s authority under Education Law §1709 to prescribe a student’s course of study. The student was retained in kindergarten and his parents sought his acceleration to make up for the year he spent being retained.
Click to Read More about this client memo
Freedom of Information Law (“FOIL”) Training Seminar held March 30, 2022
March 30, 2022
Annual District Election and Budget Vote - Absentee Ballot Legislation – Client Memo #138.
March 28, 2022
This is to inform you that S7619 was signed by the Governor. If you recall, this bill extends prior legislation permitting an individual to request an absentee ballot for school elections using the temporary illness provision due to the fear of contracting of COVID-19. The law is effective immediately and expires on January 1, 2023.
Click to Read More about this client memo
Freedom of Information Law (“FOIL”) Training Seminar - Save the Date.
March 8, 2022
This memorandum is to inform you that our office will be holding a client training
seminar on the New York State Freedom of Information Law (“FOIL”) for all school board
members, Superintendents of Schools, interested school administrators, Records Access Officers,
FOIL Appeals Officers, and district clerks who wish to attend. A question and answer period will
follow the training seminar.
Click to Read More about this client memo
Update on Staff and Student Exposure Protocols – Client Memo #135
March 2, 2022
This memorandum is intended to clarify interpretations regarding the new guidance released
on Tuesday, March 1, 2022 by the New York State Department of Health (“NYSDOH”).
1
Click to Read More about this client memo
Updated NYSDOH Guidance for Schools.
March 2, 2022
Yesterday evening, the New York State Department of Health issued comprehensive new guidance which addresses many of the impacts of the statewide mask mandate repeal. The guidance consists of an update containing supplemental information to the document titled, “Interim NYSDOH Guidance for Classroom Instruction in P-12 Schools During the 2021-2022 Academic Year” 1 and an accompanying “FAQ for Schools” which provides additional details on several key topics.2 This memorandum summarizes the key points in the new guidance.
Click to Read More about this client memo
Client Memo #131 - Revised CDC Masking Guidelines.
February 26, 2022
During a press briefing yesterday afternoon, the CDC announced significant changes to its masking guidelines.1 The changes include a repeal of the universal masking recommendation for
schools.
Click to Read More about this client memo
Renewal of Statewide School Mask Mandate Regulation – Client Memo #130.
February 23, 2022
In this installment of the Attorney’s Corner, we review two decisions from the Office of State Review and two from federal district court. We begin with a decision from the Office of State Review that examines the effectiveness of remote learning and certain factors—namely, a student’s disposition and a parent’s cooperation—upon which the success of remote learning may hinge. Next, we recap another Office of State Review decision that illustrates the perils of parents attempting to procure pendent placements on their own. Specifically, when a parent shoulders the burden of finding the placement, the parent is also responsible for ensuring services are delivered. The third decision we review is one from the Eastern District of New York which challenged the Mask Mandate contained in the Regulations of the Commissioner of the New York State Department of Public Health. Lastly, we review a Southern District of New York decision that analyzes which factors a court considers when awarding attorney’s fees.
Click to Read More about this client memo
RAAI! December 2021 – January 2022.
December 2021 – January 2022
In this installment of the Attorney’s Corner, we review two decisions from the Office of State Review and two from federal district court. We begin with a decision from the Office of State Review that examines the effectiveness of remote learning and certain factors—namely, a student’s disposition and a parent’s cooperation—upon which the success of remote learning may hinge. Next, we recap another Office of State Review decision that illustrates the perils of parents attempting to procure pendent placements on their own. Specifically, when a parent shoulders the burden of finding the placement, the parent is also responsible for ensuring services are delivered. The third decision we review is one from the Eastern District of New York which challenged the Mask Mandate contained in the Regulations of the Commissioner of the New York State Department of Public Health. Lastly, we review a Southern District of New York decision that analyzes which factors a court considers when awarding attorney’s fees.
Click to Read More about this client memo
Extension of the Open Meetings Law Exception for Virtual Board Meetings – Client Memo #129.
February 15, 2022
Yesterday afternoon Governor Hochul signed Executive Order 11.3, which extends her
previous COVID-19 state of emergency declaration through March 16, 2022.
Click to Read More about this client memo
Mask Mandate Legal Update – Stay Order Status Quo – Client Memo #128
February 11, 2022
This memorandum provides an update on the status of the mask mandate in NYS Department of
Health regulation 10 NYCRR § 2.60. Yesterday, the Court of Appeals denied the petitioners’
motion for leave to appeal the current stay order regarding the mask mandate, which maintains
the status quo. Thus, the current mask mandate remains in place until March 2, 2022.
Click to Read More about this client memo
Surety Bond FOIL Request
February 9, 2022
Many of our clients have recently received FOIL requests1 for copies of what is variously
described as your “Public Officers surety bond,” “Public Official Blanket Surety Bond,” “Surety
Liability Insurance policy,” “public school system faithful performance bonds” or similar bonds
or official undertakings for board members and/or district officers. Some FOIL requests also may
seek copies of your errors and omissions, school leaders’ or other insurance policies. This
memorandum is intended to provide the assistance you may need in responding to such requests.
Click to Read More about this client memo
Mask Mandate Legal Update – Further Extension of Stay Order – Client Memo #127
February 1, 2022
This memorandum provides an update on the status of the mask mandate in NYS Department of Health regulation 10 NYCRR § 2.60. Yesterday evening, a four-judge panel of the Appellate Division issued a written decision that leaves the mask mandate in place until March 2, 2022.
Click to Read More about this client memo
School District Options Regarding Mask Mandates Client Memo #126
January 27, 2022
At the time of publication of this memorandum, the mask mandate contained in NYS
Department of Health (“NYSDOH”) regulation 10 NYCRR § 2.60 is in full effect, by virtue of a
temporary stay granted by Judge Robert J. Miller of the Appellate Division on January 25th
.
Click to Read More about this client memo
Temporary Stay of Nassau County Mask Mandate Decision Client Memo #125
January 25, 2022
This morning, the State Attorney General’s Office filed an emergency motion requesting a
stay of yesterday’s Nassau County Supreme Court decision regarding the legal status of the
Department of Health mask mandate and regulation 10 NYCRR § 2.60. Following a hearing this
afternoon, Justice Miller of the Appellate Division issued a temporary stay of the Nassau County
order, pending a hearing on the motion, scheduled for this Friday. (See attached.) The stay will
remain in effect pending the judge’s determination on the underlying motion.
Click to Read More about this client memo
Matter of Demetriou v New York State Department of Health 2022-00532
Nassau County Executive Order – Client Memo #123
January 6, 2022
Since the fall of 2020, a nearly-continuous series of state-level executive orders and public health regulations issued by the New York State government have required all public school students to wear masks inside school facilities. The most recent of those series of mandates was issued on August 27, 2021 in the form of an administrative regulation from the New York State Department of Health (“NYSDOH”).1 Such administrative regulations are issued by state agencies pursuant to the authority of the Legislature and carry the force of state law.
Click to Read More about this client memo
Executive order number 1-2022
COVID-19 Updates from NYSDOH and the CDC – Client Memo #121
December 29, 2021
Last week, the New York State Department of Health (“NYSDOH”) issued two major
COVID-19 guidance documents; one on December 23 and another on December 24. Both have a
direct impact on school districts and school employees. Additionally, on December 27 the CDC
adjusted its recommendations for quarantine of close contacts. All new developments relevant to
school districts are summarized in this memorandum.
Client Memo #121 - December 2021 NYSDOH and CDC Updated Guidance
Client Memo #121 Attachment NYSDOH Vaccine Symptoms Flowchart
State Government’s Distribution of Rapid COVID-19 Self-Test Kits - Client Memo #120
December 29, 2021
This memorandum will address Governor Hochul’s announcement on Monday, December 27 that the State Government will begin distributing approximately 3 million COVID-19 self-test kits to public school districts.
Click to Read More about this client memo
New COVID-19 Guidance December 10th “Indoor Public Spaces” Mask Mandate Client Memo #119
December 13, 2021
On the afternoon of Friday, December 10, 2021, following an announcement from
Governor Hochul, the New York State Department of Health (“NYSDOH”) promulgated an
updated statewide mask mandate.1 Although the new mandate primarily affects businesses and
other “indoor public spaces,” there are several items that directly affect school districts. These
include a prohibition against “mask breaks,” new mask rules for community events in school
buildings, and new mask rules for school board meetings.
Click to Read More about this client memo
Annual District Election and Budget Vote Seminar - Save the Date.
December 1, 2021
This is to inform you that we will be holding our annual seminar on School District Elections for all Superintendents, Administrators, Board of Education members and District Clerks and Assistant District Clerks who would like to attend. Topics to be covered will include pertinent dates for the 2022 annual district election, legal notice requirements, propositions, absentee and affidavit ballots, campaigning and electioneering, recent Commissioner's decisions and other quirky election-related items. We will also discuss any COVID-19 related updates.
Click to Read More about this client memo
Recent Amendment to Open Meetings Law (REVISED)
November 19, 2021
On November 8, 2021, Governor Hochul approved an amendment to the Open Meetings
Law that requires all public agencies to electronically post draft board meeting minutes online.
Click to Read More about this client memo
October 7, 2021 Newsday FOIL Request for Mask Information
October 13, 2021
On October 7, 2021, Newsday sent a Freedom of Information Law (“FOIL”) request to
over 120 school districts on Long Island asking questions about mask mandate exceptions. While
school districts may elect to respond to the FOIL and provide the information requested, we wish
to remind all districts that Newsday’s request is an admitted misuse of FOIL. As you may know,
FOIL mandates the disclosure of public records and does not require answers to interrogatories.
For that reason, we recommend denying this request consistent with FOIL. Set forth below is a
summary of the FOIL request, relevant law and possible consequences.
Click to Read More about this client memo
New COVID-19 Guidance from the New York State Department of Health Client Memo #118
October 29, 2021
Yesterday, the New York State Department of Health (“NYSDOH”) disseminated a new COVID-19 guidance document containing four new developments applicable to schools.1
The first two developments have an immediate impact on routine school district testing procedures.
Click to Read More about this client memo
Recent Amendment to Open Meetings Law
September 21, 2021
On October 19, 2021, Governor Hochul approved an amendment to the Open Meetings Law that will have an impact on future school board meetings. The amendment mandates that all documents which are scheduled to be the subject of board discussion on the meeting agenda must be posted to a school district's website at least 24 hours in advance of each board meeting. This includes copies of all vendor agreements, contracts, reports, policies, MOAs, legal settlements, scheduled for board discussion or action.
Click to Read More about this client memo
Refresher on Paid Leave and Accrued Leave for COVID-related Absences
Client Memo # 117
September 23, 2021
Now that all school personnel are back to work for the fall, this memorandum will provide an
update on what kinds of leave time are available for employees who miss work due to COVID-19.
Click to Read More about this client memo
Attachment to Paid Leave Overview Client Memo # 117
Overview of Mandatory vs. Non-mandatory COVID-19 Guidance – Memo # 116
September 9, 2021
Over the last several days, the COVID-19 guidance landscape has changed significantly. As late as August 26, school districts had the authority to customize nearly every facet of their COVID-19 preparedness. Mask requirements, testing options, return-to-work procedures, and almost every other part a school district’s re-opening plan was delegated to local decision-making. There were almost no state mandates.
Click to Read More about this client memo
Return to Virtual Board Meetings – Client Memo #115
September 9, 2021
On September 2, Governor Hochul signed a bill into law that allows school districts to
return to fully-virtual board meetings. The law took effect immediately and will remain in effect
through January 15, 2022.
Click to Read More about this client memo
Information and Guidance for School Mask Mandates
August 31, 2021
The much-publicized mask mandate for schools has finally become official. All school
districts must enforce a universal mask policy, regardless of vaccination status. Exceptions are
possible under state and federal law, but extremely limited. This memo will offer additional
guidance on topics such as what exceptions are appropriate and consequences for failure to abide
by the mandate.
Click to Read More about this client memo
Update on COVID-19 Reopening Topics – Client Memo #113
August 16, 2021
As things currently stand this year, school districts are now the primary decision-makers
for most of the issues that will need to be addressed by their school reopening plans. Each
school district has the discretion decide on the specific COVID-19 reopening precautions it will
implement in the 2021-22 school year. This memorandum contains guidance on a wide variety
of important topics related to COVID-19. The questions are primarily intended to assist school
districts as they create their respective reopening plans for the 2021-2022 school year.
Click to Read More about this client memo
Long COVID and Students with Disabilities – Client Memo #112
August 16, 2021
This memorandum provides information about new guidance regarding students with long
term symptoms of COVID-19 or “Post-Acute Sequelae of SARS-CoV-2 infection (PASC),”
commonly known as “long COVID.”
Click to Read More about this client memo
Labor Law Issues with Mandatory Staff Vaccination and Testing.
August 4, 2021
Over the last several days, the issue of mandatory employee vaccinations and testing has
risen to the forefront of both local and national discussion.
Click to Read More about this client memo
Prohibition of Lawsuit Against Parents or Guardians for Unpaid Meal Fees.
August 3, 2021
This memorandum provides information about a recent revision to the state law that prohibits "meal-shaming." The revision was signed into law by Governor Cuomo on July 30, 2021.
Click to Read More about this client memo
New York's Leaders in the Law 2018
July 9, 2021
This memorandum is to inform you of a recent decision issued by the United State Supreme
Court regarding student free speech rights. See Mahanoy Area Sch. Dist. v. B. L. by & through
Levy, No. 20-255, 141 S.Ct. 2038 (June 23, 2021). In sum, the Supreme Court held that: (1) public
schools may regulate off-campus student speech under certain circumstances; but (2) in this case,
the Mahanoy District violated the First Amendment rights of a high school student, B.L., when it
suspended her from cheerleading for her vulgar off-campus Snapchat posts. The special interests
proffered by the District here did not outweigh the student’s interest in free expression.
Click to Read More about this client memo
New York's Leaders in the Law 2018
June 25, 2021
Frazer & Feldman is proud to announce that we have been recognized in the June 25-July 8, 2018 issue of New York Magazine's Special Section: "New York's Leaders in the Law 2018". The recognition is based on the firm being AV rated by Martindale Hubbell, the highest peer rating for legal and ethical standards and celebrating the achievements of the New York Tri-State area’s legal leaders. Please see attached or visit their website at http://nymag.com/nymag/advertorial/leaders/2018/frazer-feldman/.
Click to Read More about this client memo
Virtual Board Meetings and Remote Notarization Discontinued.
June 24, 2021
Yesterday, Gov. Cuomo announced that the state of emergency for COVID-19 would
expire as of today. This morning, the New York State Committee on Open Government orally
advised that the expiration of the state of emergency rescinded the provision for virtual board
meetings (which Executive Order 202.110 had originally authorized through July 5, 2021); and,
that as a result, starting tomorrow (June 25, 2021), school districts must conduct all board
meetings in person.
Click to Read More about this client memo
RAAI! March-April 2021.
June 21, 2021
In this installment of the Attorney’s Corner, we review: a decision from the
Second Circuit; a federal district court decision from the District Court of New
Jersey; a decision from the Office of State Review (“OCR”); a decision from the
Office of Civil Rights (“OCR”); and a policy letter from the Student Privacy Policy
Office (“SPPO”).
Click to Read More about this client memo
COBRA Subsidy and New IRS Guidance
June 4, 2021
This memorandum provides new Internal Revenue Service (“IRS”) guidance regarding
the recent Consolidated Omnibus Budget Reconciliation Act (“COBRA”) Subsidy that was
created by the American Rescue Plan Act of 2021 (“ARPA”).1 The new IRS guidance is attached
and available at https://www.irs.gov/pub/irs-drop/n-21-31.pdf.
Click to Read More about this client memo
IRS-21-31
Budget Re-vote.
May 14, 2021
This memorandum will provide you with the options available to the Board of Education should the budget be defeated by the voters on May 18, 2021. As in previous years, the Board may hold a special meeting (a budget "re-vote"), in which case the Board can present the same or a modified budget to the voters. The procedures for a re-vote are outlined below. Alternatively, the Board may choose to forego a second vote and adopt a contingency budget. The parameters for a contingency budget also follow below.
Click to Read More about this client memo
School District Election Contact Information.
May 7, 2021
During last year’s election, we began the practice of having our attorneys available
remotely through Zoom to answer immediate questions and view questionable ballots. We found
that it was helpful for all of our clients.
Click to Read More about this client memo
Client Memo #107 Election Worker Instructions.
May 6, 2021
This memorandum will provide information and instructions for you and your election personnel on election day. You can review or distribute the election worker instructions set forth on the page entitled "Instructions for Election Workers" as is, or modify the document to fit your particular circumstances. In the event of a challenge to the election, the fact that you provided clear and precise instructions to your election workers will go a long way in defending the integrity of the election.
Click to Read More about this client memo
UPDATE Regarding the April 1 Deadline for Nonpublic, Charter School and Day
Care Transportation Applications for 2020-2021 and 2021-2022
May 4, 2021
Please be advised that the notification which follows appeared on the Student
Transportation page of the SED website yesterday. Accordingly, districts are now required to
honor transportation requests for transportation for the current school year and next school year if
they are received no later than May 27, 2021. Needless to say, as the extended deadline
approaches, it would be advisable to monitor the website for further developments.
Click to Read More about this client memo
COBRA Subsidy Forms and Guidance
April 27, 2021
This memorandum provides information about the new subsidy for health insurance coverage under the Consolidated Omnibus Budget Reconciliation Act (“COBRA”) that was created by the American Rescue Plan Act of 2021 (“ARPA”). As you may know, COBRA is a federal law that enables employees to continue their health insurance coverage after their employment ends for qualifying reasons. Between April 1st and September 30, 2021, the federal government will subsidize 100 percent of the monthly COBRA cost for employees who lost their jobs through involuntary termination (other than for gross misconduct) or a reduction in hours.
Click to Read More about this client memo
Memo #106 - Annual District Election and Budget Vote - Absentee Ballot Legislation
April 27, 2021
This is to inform you of new legislation, S5545, which has been signed by the Governor regarding absentee ballots and school district elections. The legislation provides that during a declared disaster emergency, a voter can apply for an absentee ballot for school district elections due to an epidemic or disease outbreak. The bill is effective immediately and expires in January 2022.
Click to Read More about this client memo
Client Memo #105 – New DOH Guidance for Proms and Graduations
April 19, 2021
The New York State Department of Health (“DOH”) has recently issued guidance for end-of-year academic and social celebrations, including graduation ceremonies and proms (see attached, “Graduation and Prom Guidance”). While we have provided a brief overview below, we would strongly recommend reviewing the guidance in full due to its extensive requirements.
Click to Read More about this client memo
Graduation and Prom Guidance
New DOH Guidance on Travel; Schools – Client Memo #104
April 19, 2021
The purpose of this memorandum is to provide several updates about new Department of Health (“DOH”) guidance regarding travel and social distancing in schools.
Click to Read More about this client memo
New Travel Guidance Apr 2021
Pre-K_to_Grade_12_Schools_MasterGuidance Apr 2021
Client Memo #103 – Travel Advisory Update
March 24, 2021
This memorandum gives an update regarding New York State’s COVID-19 Travel Advisory. Effective April 1, 2021, quarantine following domestic travel is no longer required.1However, note that upon return to New York, domestic and international travelers alike must still complete the traveler health form.2 Additionally, regardless of vaccination status and/or past COVID-19 infection, all international travelers must do the following:
Click to Read More about this client memo
April 1, 2021 Deadline for Private School Transportation Applications
March 19, 2021
You are likely already aware that two Catholic schools in Nassau County—St. Thomas the
Apostle in West Hempstead and St. Raymond in East Rockaway—have recently announced that
they will cease operations at the end of the current school year. If your school district has any
residents who currently attend these schools, we recommend providing a prompt reminder to
parents about the April 1, 2021 deadline for requesting transportation to an alternative non-public
school.
Click to Read More about this client memo
Parochial Schl Closure Notification re April 1 Transportation Deadline
Client Memo #102 – New Bill Regarding Leave Time for Obtaining COVID-19 Vaccines
March 11, 2021
This memorandum gives an update regarding a new bill providing leave time for employees to obtain COVID-19 vaccines.
Click to Read More about this client memo
RAAI! January-February 2021.
February 18, 2021
In this installment of the Attorney’s Corner, we review four federal district
court decisions. First, we review a decision from the Southern District of New
York, which highlights the fact that remote instruction should always be tailored to
a student’s specific needs. Next, we review a decision from the Eastern District of
New York, which holds that student searches must be justified as well as
reasonable in scope. We then review another decision from the Southern District
of New York, which highlights the importance of the least restrictive environment
requirements. We conclude with a Western District of New York decision, which
serves as a reminder to reevaluate students prior to declassification.
Click to Read More about this client memo
2021 School Board Election and Budget Vote – ZOOM Meeting
February 26, 2021
This is to inform you that we will be holding a Zoom Conference on Monday, March 22,
2021 from 10:00 a.m. to 11:30 a.m. The conference will focus on helping school districts handle
whatever comes their way this year regarding the 2021 school board election and budget vote.
Click to Read More about this client memo
Client Memo #101 – Vaccine Reporting Requirements for Teachers
February 25, 2021
This memorandum will bring to your attention a new executive order requiring school districts to file weekly reports with data on teacher vaccination rates.
Click to Read More about this client memo
Client Memo #100 (REVISED) – Clarification on COVID-19 Testing Mandates for Student Athletes in Nassau County
February 23, 2021
The Nassau County DOH has authorized – but does not require – districts to mandate parental consent for COVID-19 testing for students to participate in sports. Amended guidance from the New York State Education Department (“SED”) has caused confusion regarding whether our Nassau County districts can mandate parental consent for testing. We offer clarification below.
Click to Read More about this client memo
Client Memo #99 – COVID-19 Testing Mandates, Student Athletes, and Remote Instruction
February 19, 2021
On February 16 and 17, 2021, the New York State Education Department issued guidance on testing mandates, student athletes, and remote instruction. We have summarized the relevant provisions below.
Click to Read More about this client memo
Updated New York State Department of Health School Guidance - Client Memo #98.
February 5, 2021
As you may recall, in September of 2020, the New York State Department of Health (“DOH”) issued a “toolkit” document setting forth COVID-19 protocols for school districts. This month, the DOH issued an updated version of the document, attached for your reference.
Click to Read More about this client memo
NYSDOH Pre-K to Gr 12 COVID-19 Toolkit
Gender-Neutral Single-Occupancy Bathrooms Update
February 4, 2021
Effective March 23, 2021, school districts in New York State are required to designate all single-occupancy bathroom facilities as gender-neutral under the new section 409-m of the Education Law.
Click to Read More about this client memo
Client Memorandum #97 - Extension of Virtual Board Meetings and Remote Notarization
February 1, 2021
This memorandum provides an update regarding virtual board meetings and remote notarization.
As you may recall, under Governor Cuomo’s Executive Order (“EO”) 202.1, board meetings may take place via live video or teleconference.1 Additionally, under EO 202.7, notarization may occur via live videoconference.
Click to Read More about this client memo
Client Memo #94 - School Safety Plans and Pandemic Planning
January 22, 2021
This memorandum reminds school districts to update school safety plans by adding provisions for pandemic planning by April 1, 2021. As you may recall, on September 7, 2020,
Governor Andrew M. Cuomo signed legislation requiring school districts to update existing school safety plans to cover emergencies involving a communicable disease. On December 3,
2020, the State Education Department (“SED”) issued a guidance memorandum advising school districts of this obligation. 1 This memorandum provides an overview of the changes that must be made to school safety plans and recommends giving notice of such changes to unions by
February 4, 2021.
Click to Read More about this client memo
Client Memo #93 – Q&A on New York COVID-19 Paid Sick Leave Law
January 8, 2021
As you know, the New York COVID-19 Paid Sick Leave Law provides 14 calendar days
(i.e., generally 10 workdays) of full paid leave to employees subject to government-ordered
quarantine. Set forth below are answers to frequently asked questions.
Click to Read More about this client memo
Client Memo #92 - Expiration of Families First Coronavirus Response Act
December 23, 2020
As you may recall, the federal Families First Coronavirus Response Act (“FFCRA”)
provides paid sick leave to employees during specific COVID-related absences. See Client
Memoranda #68; 69; 75; 76; 82; 85; 87. The FFCRA is anticipated to expire on December 31,
2020, which will end mandated federal paid sick leave and paid family and medical leave for
public employers.1 This memorandum explains the statutory paid sick leave framework
available to employees effective January 1, 2021.
Click to Read More about this client memo
NY COVID-19 Paid Sick Leave -- Summary Poster from DOL
Obtaining an Order of Quarantine -- Summary Poster from DOL
Revised COVID-19 Paid Sick Leave Request Form
Updates to COVID-19 Micro-Cluster Orange/Red Zone Testing Requirements.
December 7, 2020
As you may recall, school buildings located in yellow, orange, and red micro-cluster zones are subject to certain testing requirements as established by Executive Order and the State
Department of Health (“DOH”). See Client Memoranda #89; 90. The State DOH recently announced changes to testing requirements in orange and red zones. See Executive Order 202.79
(Dec. 2, 2020). The relevant guidance is attached for your convenience. To summarize:
Click to Read More about this client memo
Interim Guidance Travel Advisory
RAAI! September - November 2020.
November 18, 2020
In this installment of the Attorney’s Corner, we review a decision from the
Second Circuit, two federal district court decisions, and two Q&A documents from
the Office of Special Education Programs (“OSEP”) and the Office of Civil Rights
(OCR), respectively.
Click to Read More about this client memo
COVID-19 Micro-Cluster Zone Initiative and Testing Requirements - Memo #89
November 17, 2020
This memorandum provides an overview of Governor Cuomo’s new COVID-19 micro-cluster
zone initiative and testing requirements.
Overview
Earlier this fall, Governor Cuomo announced a targeted strategy for combating outbreaks. See
Executive Order 202.68 (Oct. 6, 2020). Pursuant to this approach, rather than imposing state-wide
restrictions, the local Department of Health (“DOH”) can designate specific areas as COVID-19 hotspots,
known as COVID micro-cluster zones.
Click to Read More about this client memo
Update: Changes to Travel Advisory – Client Memo #88.
November 4, 2020
As you know, when an individual voluntarily travels to a state or country with a high
incidence of COVID-19, the individual is required to quarantine for 14 days upon return to New
York (“travel advisory”). This memorandum provides an update regarding changes to the travel
advisory.
This weekend, Governor Cuomo announced that he was retiring the state “quarantine
list.” Now, the travel advisory applies to all non-contiguous states (i.e., all states except New
Jersey, Pennsylvania, Connecticut, Massachusetts, and Vermont), in addition to countries that the
CDC has designated as being at COVID-19-threat level two or three.
Click to Read More about this client memo
Interim Guidance Travel Advisory
Update: Travel Advisory and Availability of Federal Statutory
Paid Leave- Client Memo #87
October 29, 2020
This memorandum provides an update regarding recently-issued guidance from the U.S.
Department of Labor (“DOL”) and the availability of federal statutory paid leave during a travel
advisory quarantine.1 This memorandum supersedes Client Memoranda #68’s and #86’s
discussion of the Families First Coronavirus Response Act (“FFCRA”) with respect to the travel
advisory.
Click to Read More about this client memo
Preparation for 2021 Annual Election and Budget Vote.
October 27, 2020
The following provides an outline of pertinent election dates for the May 18, 2021 Annual Election and Budget Vote. At this juncture, it is impossible to know what COVID-19 restrictions will be in place in May 2021, and whether the election will be held entirely by absentee ballot, in person, or some unforeseen combination of the two. Accordingly, we will continue to provide updates as they are announced. In the meantime, this memorandum is intended to set forth the important dates that you need to begin your planning.
In accordance with Education Lawl §§2002(1) and 2022(1), your next annual election is scheduled to be held on Tuesday, May 18, 2021, at which time your district's budget for the 2021-2022 school year will be voted on and candidates elected for positions on the Board of Education.
Click to Read More about this client memo
Travel Advisory, Remote Work, and Availability of Paid Leave - Client Memo #86
October 21, 2020
As the Thanksgiving holiday approaches, several of you have asked about New York’s
travel advisory and the availability of remote work and paid leave during a quarantine due to out-
of-state travel. This memorandum summarizes the relevant laws and considerations.
Click to Read More about this client memo
Paid Time Off for Voting – November 2020 Election
October 19, 2020
This memorandum provides guidance regarding the status of New York’s law on paid
time off for voting.
As you may recall, Election Law §3-110 provides employees with paid time off to vote.
In April 2019, the law was amended to allow time off for voting “without loss of pay for up to
three hours.” Employees had to request time off to vote “not less than two working days before
the day of the election[.]”1
Click to Read More about this client memo
Time Off To Vote Notice
Updated Guidance from the DOH; FFCRA and Employer’s Share of Social
Security Taxes - Memo #85
October 16, 2020
This memorandum provides guidance regarding two separate issues: (1) the State
Department of Health’s (“DOH”) recently-issued COVID-19 “Pre-K to Gr 12 COVID-19
Toolkit” document and (2) information regarding the Families First Coronavirus Response Act
(“FFCRA”) and the employer’s share of social security taxes.
Click to Read More about this client memo
NY State DOH Pre-K to Grade12 COVID-19 Toolkit
Updated Special Education Guidance - Memo #84
October 15, 2020
This memorandum provides guidance regarding a recently-issued Q&A document from
the U.S. Department of Education’s Office of Special Education and Rehabilitative Services and
Office of Special Education Programs (attached). While it reiterates much of the past guidance,
we have summarized the document’s most salient points for your convenience.
Click to Read More about this client memo
OSEP and OSERS Q&A
Using Accrued Sick Leave During “Unofficial” Quarantine Periods – Client
Memo #83
October 9, 2020
This memorandum provides guidance regarding employees’ use of accrued sick leave
during COVID-19-related absences not covered by the Families First Coronavirus Response Act
(“FFCRA”) or New York COVID-19 Paid Sick Leave.
Click to Read More about this client memo
New Regulations for the Families First Coronavirus Response Act – Client Memo #82
October 8, 2020
This memorandum provides an update regarding new regulations that implement the
Families First Coronavirus Response Act (“FFCRA”) and the Emergency Family and Medical
Leave Expansion Act (“Expanded FMLA”).
Click to Read More about this client memo
Proposed FFCRA
Extension of Virtual Board Meetings and Remote
Notarization through November 3, 2020 - Client Memorandum #81
October 5, 2020
This memorandum provides an update regarding the Board’s ability to conduct virtual
board meetings and to continue using remote notarization.
As you may recall, under Governor Cuomo’s Executive Order (“EO”) 202.1, public board
meetings may take place via live video or teleconference.1
Additionally, under EO 202.7,
notarization was authorized via live videoconference.
Under recently-issued EO 202.67, virtual board meetings and remote notarization have
both now been extended through November 3, 2020.
Please feel free to contact our office with any questions or concerns you may have.
Click to Read More about this client memo
Conflicting Guidance on Return-to-School Protocols – Client Memo #80
September 23, 2020
This memorandum provides clarity in the wake of conflicting guidance regarding the
definition of close contact and return-to-school protocols following presumptively positive
COVID-19 cases.
As many of you are aware, the federal Centers for Disease Control and Prevention
(“CDC”), the State Department of Health (“DOH”), and Nassau and Suffolk County DOHs have
issued different guidelines on COVID-19.
Click to Read More about this client memo
Clarification of Client Memo #13 – Calculation of Pay for New York COVID-19
Paid Sick Leave – Client Memo #79
September 11, 2020
This memorandum provides an update about New York COVID-19 Paid Sick Leave. As you may recall, during our Legal Loop and in various past client memoranda, we discussed paid leave statutes for employees unable to work (or telework) for COVID-19-related reasons. The New York COVID-19 Paid Sick Leave statute indicates that districts must provide “fourteen days of paid sick leave . . . at [the] regular rate of pay” to employees subject to governmentordered quarantine/isolation. Districts must provide this paid leave without loss to employees’
accrued leave.
Click to Read More about this client memo
New Legislation to Assist Local Governments with COVID-19 Expenses-Clientmemo#78
Aug28, 2020
This memorandum provides information about important new legislation signed into law by Governor Cuomo earlier this week. The legislation amends the Local Finance Law ("LFN") to assist localities cope with unexpected expenses owing to the COVID-19 pandemic. An overview is set forth below.
Click to Read More about this client memo
Return-to-School Concerns - Frequently Asked Questions, Part 3 - Client Memo #76.
Aug17, 2020
This memorandum provides additional answers to some of your frequently asked questions on return-to-work issues and issues related to the State Education Department's ("SED") and the Department of Health's (DOH) reopening guidance.
Click to Read More about this client memo
Invitation to the “Legal Loop” Reopening Edition
– Q & A Session
Aug12, 2020
Please join us on Tuesday, August 18, 2020 at 1:30 p.m. for the next Legal Loop:
Reopening Edition – Q & A Session. If there are any specific questions or pressing
concerns you would like us to cover, please submit the questions by Friday, August 14,
2020 at 2:00 p.m. Please submit your proposed questions to info@ffedlaw.com. We will
conduct this session by videoconference on Zoom. Please see below for log in information:
You are invited to a scheduled Zoom meeting.
Click to Read More about this client memo
Coronavirus Memorandum – Client Memo #75: Court Invalidates Major DOL
Regulations Regarding FFCRA Leave
Aug6, 2020
This memorandum provides information about a new court decision that struck down three
major federal regulations regarding leave under the Families First Coronavirus Response Act
(“FFCRA”). See State of New York vs. United States Department of Labor, 20-CV-3020 (JPO)
(August 3, 2020).1 An overview of the leave law and each relevant change is set forth below.
Click to Read More about this client memo
Coronavirus Memorandum – Client Memo #74: Contractual Termination and Force Majeure Clauses
July31, 2020
As schools prepare to reopen for the 2020-21 school year, many of our clients have asked
whether modifications need to be made to their outside vendor contracts in the event of another
school closing due to COVID-19. Your business office, technology department, special
education directors, athletics program and others generate a significant number of contracts and
purchase orders throughout the school year, such as various independent contractor or consultant
agreements, software licenses, special education service provider agreements, contracts for
professional development services, student workshops, event/trip reservations, athletic meets,
and the like.
Click to Read More about this client memo
RAAI! July 2020.
July29, 2020
In this installment of the Attorney’s Corner, we review a Second Circuit
decision, a federal district court decision, a decision from the Office of State
Review, a letter from the Office of Special Education Programs (“OSEP”), and a
FAQ guidance document from the New York State Education Department.
Click to Read More about this client memo
SED Guidance on Reopening - Client Memo #72
July21, 2020
As you know, the State Education Department (“SED”) issued its long-awaited reopening
guidance11 late last week. This memorandum provides some additional considerations for
reopening.
Click to Read More about this client memo
Out-of-State Travel - Client Memo #71
July17, 2020
This memorandum provides guidance on warning employees about travel to COVID-19-
affected regions.
Governor Cuomo’s Executive Order (“EO”) 205 requires non-essential employees
returning from states with a high incidence of COVID-19 (i.e., “any state that has a positive
COVID-19 test rate higher than 10 per 100,000 residents, or higher than a 10 percent test
positivity rate over a seven-day rolling average”) to quarantine for 14 days. The list of states can
be found at https://coronavirus.health.ny.gov/covid-19-travel-advisory#restricted-states. Note
that the quarantine does not apply to essential workers and individuals who, though the course of
travel, merely pass through (i.e., spend less than 24 hours in) an affected state.
Click to Read More about this client memo
Out-of-State Travel Warning Letter to Employees
New Guidance from the Department of Health on Reopening Schools: Client Memo#70
July15, 2020
This memorandum provides an alert regarding new guidance from the State Department of
Health (“DOH”) on reopening schools.This week, DOH issued three comprehensive guidance documents on reopening schools
this fall:
• Interim Guidance for In-Person Instruction, available at
Click to Read More about this client memo
2020 Postponed Election.
July14, 2020
As you know, on March 30, 2020, Governor Cuomo issued Executive Order
#202.13, which suspended the May 19, 2020 annual district election and budget
vote subject to further direction. Based on that Executive Order, and the Orders
that followed, we provided significant and frequent guidance to our school districts
regarding the proper procedures for holding the 2020 School District Election
through the second postponed election date of June 16, 2020.
Click to Read More about this client memo
Return-to-Work Concerns - Clarification of Question #5, Frequently Asked Questions, Part 1. - Client Memo #69
July9, 2020
This memorandum clarifies the answer to Question#5 of Tuesday's memorandum(Client memo#68),
as the original answer did not factor in the interaction of the families first Coronavirus Response Act's ("FFCRA")
emergency paid sick leave provisions with the expanded Family and Medical leave Act("FMLA").
Click to Read More about this client memo
Return-to-Work Concerns - Frequently Asked Questions, Part 1 - Client Memo #68
July7, 2020
This memorandum provides answers to some of your frequently asked questions on
return-to-work issues. As we have received many questions, we expect to issue several follow-
up FAQ memoranda in the coming weeks.
Click to Read More about this client memo
Plans to Provide Meals and Child Care - Update #1 - Client Memo #67
June26, 2020
On March 17, 2020, we issued a client memo regarding the requirement that plans for
the provision of child care for the families of essential workers, and meals to low income
students be submitted to SED. (See COVID-19 Client Memorandum, No. 11.).
Click to Read More about this client memo
Return-to-Work Concerns - Request for Questions - Client Memo #66
June25, 2020
Over the past few weeks, we have issued client memoranda addressing reopening offices
(#60), conducting daily health screenings (#64), and dealing with employees reluctant to return
to the workplace (#55).
Click to Read More about this client memo
Special Education COVID-19 Update - Summer Services - Client Memo #65
June24, 2020
As you know, Governor Andrew Cuomo recently issued Executive Order 202.37 (“EO
202.37”), which allows districts to offer in-person special education services over the summer.
The State Education Department (“SED”) has promulgated updated Q&A guidance documents
on the implementation of EO 202.37, as well as on planning for the 2020-2021 school year and
offering extended school year (“ESY”) and compensatory education services (attached). This
memorandum summaries the most crucial updates.
Click to Read More about this client memo
SED Special Ed COVID-19 Q&A Supplement #2 - Planning for Services During the 2020-21 Year
SED Special Ed COVID-19 Q&A Supplement #3 - EO 202.37
Daily Health Screenings - Memo #64
June24, 2020
As district offices reopen, we have gotten questions about conducting newly-required
daily health screenings. This follow-up to our original reopening memorandum (#60)
summarizes screening requirements and best practices.
Click to Read More about this client memo
Associate Elected to NCBA Education Law Committee.
June18, 2020
Frazer & Feldman is proud to announce that our associate, Abigail A. Hoglund-Shen, has been
appointed to serve as Vice-Chair of the Nassau County Bar Association’s (“NCBA”) Education Law
Committee. The NCBA is the largest suburban bar association in the United States.
The NCBA boasts a membership of nearly 6,000 private and public attorneys, judges, legal educators
and law students. The NCBA is a leading source for legal information and services for the legal
profession and local community in Nassau County, Long Island, New York.
Click to Read More about this client memo
APPR - Client Memo #63
June16, 2020
This memorandum provides an update regarding Annual Professional Performance Reviews
(“APPRs”).
Per Education Law §3012-d, districts are required to conduct APPRs for classroom teachers
and building principals every year. Normally, if districts fail to do so, they are ineligible for
increases to state aid. See id. at (11). However, given the extraordinary circumstances of this year,
the State Education Department has acknowledged that conducting APPRs will be “difficult, if not
impossible.” Accordingly, under Governor Cuomo’s Executive Order (“EO 202.39”), districts will
no longer have to fear forfeiting state aid increases for failing to conduct APPRs.
Click to Read More about this client memo
School District Election Contact Information Client Memo #62.
June15, 2020
Please be advised that should any questions or problems arise during the election, we will have an open Zoom call beginning at 4:30 p.m. with attorneys from the office available to answer your questions.
Click to Read More about this client memo
Special Education COVID-19 Update – Summer Services – Client Memo #61
June12, 2020
As you know, Governor Andrew Cuomo issued an Executive Order (“EO”) which states
that schools may choose to offer in-person summer services. His latest press conference
indicated that it is left to individual districts to decide whether and how to implement it. The
Department of Health (“DOH”) followed with health and safety guidelines for schools to
consider, should in-person instruction be offered (enclosed). At this time, additional guidance --
either from SED or the Governor’s office -- is expected but none has yet been issued.
Click to Read More about this client memo
Interim Advisory for In-Person Special Education Services and Instruction
Reopening District Offices – Client Memo #60
June9, 2020
On June 8, 2020, Governor Cuomo issued Executive Order 202.39 (“EO 202.39”). Under
EO 202.39, non-essential employees can return to school district offices two weeks after your
region enters Phase 2 of Governor Cuomo’s New York Forward reopening plan (i.e., tentatively
June 24, 2020 on Long Island).1 This memorandum explains how to get offices ready for reopening.
Click to Read More about this client memo
Absentee Ballot Extension for the June 9th Adjourned School District Election - Client Memo #59.
June8, 2020
This memorandum is to alert you to the extension of the absentee ballot deadline for the
upcoming school district election and budget vote. You may recall that on May 1, 2020, the
Governor’s Executive Order #202.26 (“EO”) provided that all voting for the June 9, 2020
adjourned election will be by absentee ballot. Late yesterday, the Governor announced a change
in protocol and today, published EO #202.39, which provides that absentee ballots can be counted
if they are received in the mail by June 16, 2020.
Click to Read More about this client memo
Options for Gradation - UPDATE - Client Memo #58
June8, 2020
On May 21, 2020, we issued a client memorandum regarding student graduations. See
COVID-19 Client Memorandum No. 53. This follow-up memorandum provides new information
and additional legal considerations.
First, in a press conference on Sunday, Governor Cuomo announced that socially-
distanced graduation ceremonies of 150 or fewer people will be permissible outdoors beginning
on June 26, 2020. However, such ceremonies are conditioned upon maintaining certain COVID-
19 metrics as cited by Governor Cuomo (e.g., rate of hospitalizations, etc.) in your region.
Click to Read More about this client memo
Election Worker Instructions - Client Memo #57
May 29, 2020
This memorandum will provide last minute information and instructions for you and your
election personnel. You can read or distribute the election worker instructions set forth below as
is, or modify the document to fit your particular circumstances. In the event of a challenge to the
election, the fact that you provided clear and precise instructions to your election workers will go
a long way in defending the integrity of the election.
Click to Read More about this client memo
Graduation Notice and Regents Examination- Client Memo #56
May 29, 2020
Please be advised that on May 27, 2020, SED issued a new guidance document placing
new responsibilities on school districts concerning student graduation for the 2020-21 school
year (attached).
Click to Read More about this client memo
Regents Examination and Graduation Requirements: Questions Related to COVID-19 Closure
Parental Right to Decline Examination Waivers
RAAI! April, 2020
May 28, 2020
In this installment of the Attorney’s Corner, we focus on considerations for
school districts during COVID-19-related school closures and summarize state and
federal guidance in this quickly-changing area.
Click to Read More about this client memo
COVID19 and Reluctant Employees – Client Memorandum #55.
May 27, 2020
This memorandum addresses the challenges faced by school districts when employees are
reluctant to return to the workplace. It is undeniable that Long Islanders have experienced
especially painful and lasting consequences of COVID-19. Many have underlying conditions that
continue to pose additional risks to their health. Thus, it is understandable that some employees
may be hesitant to return to their assigned school building. However, school districts must continue
to carry out their essential obligations at this time and prepare for eventual reopening.
Click to Read More about this client memo
Additional Information for the June 9th Adjourned School District Election
May 26, 2020
This memorandum will follow-up on our Zoom conference call held on Friday, May 15,
2020. During the call, a few questions were raised, answers to which we indicated would be
addressed in written guidance.
Click to Read More about this client memo
Options for Graduation.
May 21, 2020
June is fast approaching, and districts are contemplating how to conduct graduation
ceremonies in the COVID-19 era. The traditional ceremony – with many students and families
congregating together – is incompatible with social distancing mandates. However, districts
around the country have developed creative and innovative alternatives. This memorandum
summarizes the relevant law/executive orders and compiles a list of alternative graduation ideas
for your consideration.
Click to Read More about this client memo
End of the 2019-20 Academic Year – Client Memo #52.
May 20, 2020
Since the onset of the school closure period due to the COVID-19 pandemic, virtually
everyone has been asking (with increasing levels of frustration), “When is this school year going
to end?”
Click to Read More about this client memo
The Do’s and Don’ts of Campaigning.
May 20, 2020
In anticipation of the upcoming school district election and budget vote, we are providing
an overview of how board members and others can – and cannot – participate in the election
process.
Click to Read More about this client memo
School District Election Contact Information
May 19, 2020
Please be advised that should any questions or problems arise during the canvassing and
counting of the ballots on election day, our attorneys will continue to be available on June 9,
2020, and as long is necessary, by cellular phone, Facetime or Zoom.
Click to Read More about this client memo
Reimagining reopening: Ideas for school districts
May 19, 2020
Enclosed please find a copy of the latest article published by Frazer & Feldman, LLP,
attorneys Christie R. Jacobson and Abigail Hoglund-Shen. The article is entitled, “Reimagining
Reopening: Ideas for School Districts.” It is featured in the May 18, 2020 Edition of On Board,
which is the statewide newspaper published by the New York State School Boards Association
(“NYSSBA”).
Click to Read More about this client memo
Article - Reimagining Reopening in NYSSBA Newspaper
Absentee Ballot Voting for the June 9th Adjourned School District Election
May 14, 2020
This memorandum is intended to guide you through the absentee ballot process for the
upcoming election. You may recall that on January 16, 2020, we distributed a client memorandum
to inform you of an amendment to the New York State Education Law which significantly changed
the provisions relating to applications for absentee ballots for school district elections.
Click to Read More about this client memo
Zoom Q & A: Planning for a Legally Compliant Election - Save the Date
Client Memo #48
May 7, 2020
This is to inform you that we will be holding a Zoom Conference on Friday, May 15,
2020 from 10:00 a.m. to 12:00 p.m. The conference will focus on helping school districts handle
Governor Cuomo’s mandate that the adjourned school board election and budget vote must be
conducted by absentee ballot
Click to Read More about this client memo
Preparing to Reopen Schools: Issues to Think About.
May 5, 2020
Governor Andrew Cuomo has advised communities to reopen cautiously. Reopening
without certain safeguards in place could result in a second wave of COVID-19 infections, which
happened in Hokkaido, Japan.1 On Friday, Governor Cuomo announced that schools would be
closed for the remainder of the school year. As weeks of school closures have turned into
months, districts have asked when – and how – schools will reopen. Even if schools could reopen
in September, classrooms will be very different. Recent guidance from the Centers for Disease
Control and Prevention (“CDC”) recommends that school districts develop, implement, maintain
and revise their plans for reopening.2 In Friday’s press conference, Governor Cuomo called for
Click to Read More about this client memo
Special Education COVID-19 Update.
May 5, 2020
On April 27, 2020, New York State’s Office of Special Education issued a
memorandum entitled “Supplement #1 - Provision of Services to Students with Disabilities
During Statewide School Closures Due to Novel Coronavirus (COVID-19) Outbreak in New
York State Additional Questions and Answers” (“SED Memo”) (attached). We will examine that
memorandum, building on our previous guidance, in an attempt to assist our clients in their
continued support of students with disabilities.
Click to Read More about this client memo
nysed-covid-19-cancellation-august-2020-regents-exams
nysed-covid-19-third-guidance-updated-4-27-20
special-education-supplement-1-covid-qa-memo-4-27-2020
Initial Guidance for the Postponed 2020 Annual Election and Budget Vote.
May 3, 2020
The following provides an outline of pertinent election dates for the adjourned 2020
Annual District Election and Budget Vote, which will be held on June 9, 2020 pursuant to the
Governor’s Executive Order No. 202.26 (“EO”).
Click to Read More about this client memo
School Closures and Homeless Students – Client Memo #45.
April 24, 2020
The purpose of this memorandum is to share the attached document, “COVID-19 &
Student Homelessness Q&A (“Homelessness Q&A”),” published by New York State Technical
and Education Assistance Center for Homeless Students (NYS-TEACHS).
Click to Read More about this client memo
NYS-TEACHS QA COVID-19 Student Homelessness
Extensions to Deadlines for Special Education Subject Area Certification - Client
Memo #44
April 23, 2020
In December 2019, SED announced that special education teachers teaching grade 7-12
special classes (hereafter, “teachers”) must obtain certification in each subject area they teach.1
As described in the attached document, SED has extended the deadlines for this process:
Click to Read More about this client memo
Attachment - Subject Area Certification Deadline Extension
Special Education COVID Update –Recommendations to Support Children with
Autism During the Closure - Client Memo #43
April 17, 2020
Servicing students classified with autism, or those who present with needs similar to those
on the spectrum, pose unique challenges that uniquely frustrate the delivery of remote learning
opportunities. Below are several recommendations for your staff to consider in order to support
this population.
Click to Read More about this client memo
Special Education COVID Update –Compensatory Education and Record-Keeping Best Practices - Client Memo #42
April 16, 2020
On April 11, 2020 in a webinar arranged by the New York State School Boards Association
(“NYSSBA”), the SED representative suggested that compensatory education would be available
to address the regression of a student’s abilities during the COVID-19 closure of schools. His use
of the term regression, a term usually attributed to eligibility for extended school year services
(“ESY”), or summer school, in the context of compensatory education has created some
uncertainty. This memo provides clarification of what constitutes the standard for compensatory
education, and how this remedy differs from regression and the analysis of eligibility for ESY
services. The memo also offers suggestions of how the committee on special education (“CSE”)
can document its efforts to service students with disabilities during the closure to prepare for
forthcoming claims for compensatory education.
Click to Read More about this client memo
Special Education COVID Update – Evaluations - Client Memo #41
April 14, 2020
On April 11, 2020 in a webinar arranged by the New York State School Boards
Association (“NYSSBA”), SED provided guidance concerning how districts must proceed with
new referrals to the CSE during the shutdown. We were advised that school districts are expected
to move forward with initial eligibility evaluations and reevaluations during school closures unless
the district and the family otherwise agree.
Click to Read More about this client memo
Click to Read More about this client memo
Changes to Graduation Requirements - Client Memo #40.
April 14, 2020
In recognition of the significant disruption to normal instruction as a result of the COVID-19 pandemic, SED has issued two guidance documents describing these changes for the 2019-20 school year. We have summarized a number of significant points below, but we encourage you to review the SED documents in their entirety, as they provide specific guidance regarding a wide variety of issues relating to graduation requirements.
Click to Read More about this client memo
Attachment #1 - Cancellation of the June 2020 Administration of the New York State (NYS) High School Regents Examination Program in Response to COVID-19 Related School and District Closures
Attachment #2 - Regents Examination and Graduation Requirements_ Questions Related to COVID-19 Closure
Student Registration During the COVID-19 Pandemic – Client Memo #39
April 14, 2020
This memorandum provides guidance for school districts which receive requests to
register new students while schools are closed during the COVID-19 pandemic. Typically,
individuals seeking to register a new student would visit the school district registration office,
complete forms and submit proof of the student’s residency and age. However, it is not possible
to follow this traditional process while district offices are closed. Set forth below is our
recommendation for a modified registration process during this unprecedented period.
Click to Read More about this client memo
Zoom Security Tips for Online Public Board Meetings and Virtual Meetings/Classrooms - Client Memo #38
April 8, 2020
Online platforms such as Zoom have been instrumental in allowing school districts to
meet their distance learning obligations and for boards of education to conduct their meetings
remotely in compliance with the modifications to the Open Meetings Law. A recent spate of
negative headlines has, however, understandably raised concerns about the security of such
platforms. The FBI has issued a warning about incidents of what has been termed, “Zoom-
bombing,” in which hackers have targeted and interrupted video teleconferences, online
meetings of public bodies and online class discussions that were not properly secured.
Click to Read More about this client memo
Tips to Hold A Secure Zoom Meeting
Student Mental Health - Client Memo #37
April 8, 2020
As districts and nonessential businesses remain closed, families are feeling increasingly
weary, isolated, and stressed. Children in general and special education settings alike are exposed
to these closure-related stressors as they relate to school and home life. Students with special
needs – and their families – are especially sensitive to these changes. Accordingly, to minimize
the impact of these inevitable disruptions and to ensure that students can access remote learning
to the greatest extent possible, we recommend that districts proactively address mental health
concerns.
Click to Read More about this client memo
Emergency Regulations on Special Education – Initial Eligibility, Reevaluations, and Bilingual Education - Client Memo #36
April 7, 2020
On April 4, 2020, SED issued a series of proposed emergency regulations1 for the Board
of Regents consideration addressing the Coronavirus pandemic. A number of these changes,
discussed below, directly affect the delivery of special education services by Committees on
Special Education (“CSE”). These emergency rules are effective as of April 7, 2020.
Click to Read More about this client memo
Student Discipline During COVID-19 Pandemic - Client Memo #35
April 7, 2020
This memorandum is to remind school Districts that, although school buildings may be
closed during the COVID-19 pandemic, the District’s Code of Conduct and its expectations
regarding off-campus conduct continue to apply to all distance learning activities. Now more
than ever, appropriate student behavior is crucial to allow students to participate in and benefit
from distance learning activities. As teachers navigate the use of new distance learning
technologies, instructional control is an essential part of this process.
Click to Read More about this client memo
Student Discipline COVID19 Reminder Letter
Emergency Amendments to the Commissioner’s Regulations Affecting School Districts Client Memo #34
April 7, 2020
On April 6, 2020, the Board of Regents adopted emergency regulations in response to
the COVID-19 pandemic an the recent extended school closure. The State Education Department
(“SED”) adopted extensive regulations to address the issues faced by school districts, institutions
of higher learning, educators, students and professionals resulting from the COVID-19 crisis.
Click to Read More about this client memo
COVID-19 Response Presentation
COVID-19 Emergency Regulations
04-04-20 regentsbra6
Legal Loop: Coronavirus Edition - April 8, 2020 -- AGENDA
April 8, 2020
Please join us on Wednesday, April 8, 2020 at 3:30 p.m. for the next Legal Loop:
Coronavirus Edition. We will review the current status of special education services
during the COVID-19 closures, review SED and U.S. DOE guidance, discuss how to
address current parent requests for compensatory services, best practices for providing
IEP services and supports to provide FAPE and potentially limit compensatory claims,
flag issues relating to annual reviews in the current climate, and be available to answer
your questions. We will conduct this session by videoconference on Zoom. Please see
below for log in information.
Click to Read More about this client memo
Agenda April 8, 2020
Important Pension Information for Employees with Coronavirus - Client Memo #33
April 6, 2020
It goes without saying that everyone in the nation has had their lives turned upside down
as a result of the COVID -19 pandemic. Certainly those most grievously affected are those who
are, or have loved ones, infected with this unpredictable and often fast-acting virus. In light of
that, the New York State Employees Retirement System (“ERS”) has notified public employers
of information that may be critical for employees who are at risk of succumbing to coronavirus.
Click to Read More about this client memo
Compensation for Hourly Employees - Client Memo #32
April 6, 2020
Among the many pressing issues facing school districts during this period of emergency
school closure are questions about compensation for hourly employees who, due to the nature of
their jobs, are not performing any duties. This may include monitors, security aides, and other
workers whose duties depend on schools being fully functional.
Click to Read More about this client memo
Distance Learning and FERPA – Guidance for Teachers – Client Memo #31
April 3, 2020
This memorandum provides guidance to help address concerns about student privacy
rights while engaging in distance learning activities. For the next few weeks at least, districts will
be engaging with students remotely using various forms of videoconferencing services (e.g.,
Zoom and Google Hangouts) and other interactive platforms. As we have previously noted, the
Student Privacy Policy Office of the U.S. Department of Education (“DOE”) has advised that:
Click to Read More about this client memo
FEMA Relief for School Districts - Client Memo #30
April 3, 2020
This is to alert you to a revenue source that is available to you under the federal
agency FEMA. Public school districts may be eligible for reimbursement of certain expenses
related to COVID-19. FEMA will be providing some relief for those expenses directly related to
the current pandemic.
Click to Read More about this client memo
School Bus Transportation Contract Payments During the COVID-19 School Closure - Client Memo #29
April 2, 2020
Districts which provide student transportation via third party vendor contracts have asked
whether they are required, or even permitted, to pay their contractor(s) during the current school
closure. Unfortunately, as of this writing, there has been no definitive guidance from the State
Education Department (“SED”) and/or the Governor’s office on the issue.
Click to Read More about this client memo
Special Education COVID Update- Client Memo #28
April 1, 2020
This memorandum provides an update to address multiple special education topics
which are relevant due to the recent school closures.
Click to Read More about this client memo
Invitation to the "Legal Loop" Coronavirus Edition
April 1, 2020
Please join us on Wednesday, April 8, 2020 at 3:30 p.m. for the next Legal Loop:
Coronavirus Edition. We will review the current status of special education services
during the COVID-19 closures, review SED and U.S. DOE guidance, discuss how to
address current parent requests for compensatory services, best practices for providing
IEP services and supports to provide FAPE and potentially limit compensatory claims,
flag issues relating to annual reviews in the current climate, and be available to answer
your questions. We will conduct this session by videoconference on Zoom. Please see
below for log in information.
Click to Read More about this client memo
Required Postings - Client Memo #27
April 1, 2020
This is to provide guidance regarding requirements under the federal Families First
Coronavirus Response Act (“FFCRA”) related to the posting of notices in the workplace.
Click to Read More about this client memo
Continuity of Instruction During Spring Break – Client Memo #26
April 1, 2020
On March 27, 2020, Governor Cuomo issued Executive Order 202.11 (“Order”) directing
school districts to remain closed until April 15, 2020.1 The Order directed districts to “continue
plans for alternative instructional options, distribution and availability of meals, and child care”
during this time. On March 30, 2020, the State Education Department (“SED”) clarified that
districts must continue to “provide remote instruction for students, meals for students, and child
care for essential workers every weekday between April 1, 2020 and April 14, 2020, even if the
district is scheduled to be on spring break during that time” (emphasis added).2
Click to Read More about this client memo
Change in Date for School District Elections and Budget Votes - Client Memo #25
March 31, 2020
This is to provide a brief update regarding the March 30, 2020 Executive Order
issued by Governor Cuomo, Executive Order #202.13, which suspends the May 19, 2020 annual
district election.
Click to Read More about this client memo
Coronavirus Memorandum – Client Memo #24: School Construction Projects.
March 30, 2020
In light of the Governor’s recent executive order halting all non-essential construction
work, a number of our school district clients have asked whether they may proceed with their
existing or pending construction projects during the COVID-19 outbreak. We have received the
following clarification from the Governor’s Deputy Secretary for Education:
Click to Read More about this client memo
Recent Executive Order Changes to Transportation - Client Memo #23.
March 30, 2020
This memorandum provides an update to address the Governor’s extension of the April
1st deadline for a parent to request district-provided transportation to a non-public school located
within 15 miles of the parent’s residence.
Click to Read More about this client memo
SCOPE Child Care Contracts - Client Memo #22.
March 27, 2020
As many of you are aware, our office has been working SCOPE Education Services to set
up emergency child care services for your school districts, either as hosting or sending districts.
SCOPE has circulated the following template contracts (attached hereto) for that purpose, and we
are advising our clients to utilize them, for the sake of consistency and expediency:
Click to Read More about this client memo
SCOPE Emergency Childcare Program_Host
SCOPE Emergency Childcare Program_IMA
SCOPE Emergency Childcare Program_Sending District
Competitive Bidding During the Coronavirus Pandemic - Client Memo #21.
March 27, 2020
Many of our districts are contemplating soliciting bids to undertake public work and/or
purchase goods. This memorandum is intended to provide suggestions for consideration and best
practices to utilize in upcoming bid solicitations. If your district presently has a bid solicitation
pending, review of the following may prompt you to issue an appropriate addendum and
amended legal notice.
Click to Read More about this client memo
Data Security and Privacy Rules and Regulations - Client Memo #20.
March 27, 2020
In light of the COVID-19 pandemic, we believe it is important to remind you of the
recent amendment to the Commissioner’s Regulations which enacted new rules and requirements
surrounding the implementation of New York Education Law §2-d. That statute is designed to
protect personally identifiable information contained in student education records and teacher
and principal evaluations, and to guard against the unauthorized release or use of such data by
third party contractors. The new regulations, codified as Part 121 of the Regulations of the
Commissioner of Education, set forth more specific rules and requirements as to how school
districts must implement data privacy and security protections when contracting for services with
outside service providers and contractors.
Click to Read More about this client memo
FFEDLAW Template - Data Privacy and Security Plan Agreement 2020 with Attachments
NYSSBA Sample Policy 5500 Mar.2020
NYSSBA Sample Policy 8635 Mar.2020
Coronavirus Memorandum - Senate Stimulus Bill and School Districts - Client Memo #19.
March 27, 2020
On March 25, 2020, the Senate unanimously passed a $2 trillion stimulus package to
provide relief during the COVID-19 pandemic. Today, the House of Representatives plans to
vote on the bill, which is expected to pass; President Trump has indicated he will sign it. As you
may know, the bill provides, among other items, cash payments to individuals and loans for
small businesses. Here, we describe the appropriations relevant to school districts.
Click to Read More about this client memo
Coaches’ and Club Moderator Stipends; Premium Pay – Client Memo #18.
March 26, 2020
This memorandum will provide some guidance regarding compensation for employees who
receive stipends for such things as coaching, moderating student clubs, etc. Additionally, we
have received numerous inquiries from our clients regarding various employee groups seeking
compensation above their regular rate of pay (“premium pay”). At the moment, there is no state
guidance on these issues, and there’s a good chance that none will be forthcoming. Accordingly,
the following advice is based on our best judgment (and common sense).
Click to Read More about this client memo
Coronavirus Memorandum: Updated Guidance on FERPA - Client Memo #17.
March 25, 2020
The Student Privacy Policy Office of the U.S. Department of Education has issued guidance documents on the release of student education records during the COVID-19 pandemic (FERPA & Coronavirus Disease 2019 (COVID-19) Frequently Asked Questions, “Attachment #1” and FERPA and Virtual Learning Related Resources, “Attachment #2”). Below is a summary of the guidance.
Click to Read More about this client memo
FERPA Memo Attachment 1 - FERPA and Coronavirus Frequently Asked Questions
FERPA Memo Attachment 2 - FERPA and Virtual Learning Resources
Open Meetings Law Changes During the COVID-19 Pandemic - Client Memo #16.
March 24, 2020
This update provides guidance to Boards of Education regarding how to hold public meetings and work sessions during school closures. As you are probably aware, the Open Meeting Law, the portion of the New York State Public Officer’s Law that addresses participation and attendance at public meetings, was been suspended effective March 7, 2020, through Executive action of the Governor.
Click to Read More about this client memo
Special Education COVID 19 FAQ - Client Memo #15.
March 23, 2020
We have attached a sample letter for your use in communicating with parents of students with special needs. This letter describes the manner in which services and supports recommended under either an individualized education program (“IEP”) or Section 504 plan will be provided during the COVID-19 outbreak. This information we are providing includes the recent guidance from the Office of Special Education and Rehabilitative Services and the Office for Civil Rights issued on March 21, 2020, entitled “Supplemental Fact Sheet Addressing the Risk of COVID-19 in Preschool, Elementary and Secondary Schools While Serving Children with Disabilities (120 LRP 10623).
Click to Read More about this client memo
Final Template Q and A FINAL
Sick Leave Requirements Related to COVID-19 - Client Memo #13.
March 19, 2020
This memorandum provides information about the newly adopted sick leave requirements for employees affected by mandatory COVID-19 quarantines.
Click to Read More about this client memo
Suspension of Rules for Procuring Cleaning & Maintenance Products and Services Client Memo #12.
March 17, 2020
We have received a number of questions from school business officials regarding their ability to purchase necessary cleaning products, equipment and services in a timely manner without competitive bidding in order to combat the spread of COVID-19 ("coronavirus") and to properly clean and maintain school buildings and facilities. It has become increasingly difficult to locate and purchase such cleaning products and services and it appears their availability will only worsen. In light of these difficulties, we are providing the following relevant information and guidance to assist school districts who need to take immediate action to address these concerns.
Click to Read More about this client memo
resolution declaring a public emergency pursuant to gen mun law 103(4)
PLANS DUE AT MIDNIGHT TONIGHT – Alternative Instructional Options, Meals, Childcare Client Memo #11.
March 17, 2020
As you may be aware, last night Governor Cuomo issued Executive Order 202.4 (copy enclosed) which requires your immediate attention. Specifically, the order requires that all school districts submit a plan for providing alternative instructional options, distribution and availability of meals for students eligible for free or reduced meals, and "child care, with an emphasis on serving children of parents in the health care profession or first responders who are critical to the response effort."
Click to Read More about this client memo
EO 202.4
COVID-19 and Related Labor Issues Client Memo #10.
March 13, 2020
The COVID-19 ("coronavirus") health crisis has raised a number of labor issues for all employers, including school districts. Unfortunately, there are a number of issues for which there is currently no definitive guidance, but we would like to provide you with a list of frequently asked questions from our clients and identify particular items which need to be taken into consideration when dealing with these issues.
Click to Read More about this client memo
Coronavirus: New Guidance from SED Regarding Continuity of Meal Programs Client Memo #9.
March 12, 2020
This memorandum provides an update regarding a new FAQ document and memorandum from the New York State Education Department ("SED") regarding continuity of meal programs (i.e., free and reduced lunch) during school closures due to the novel coronavirus (a.k.a. COVID-19, "coronavirus"). We encourage you to review these documents in their entirety.
Click to Read More about this client memo
CN Covid-19 Application
CN FAQ Covid-19
CN Memo Covid-19
Coronavirus: New Guidance from the CDC, DOH, and SED Client Memo#8.
March 10, 2020
This memorandum provides an update regarding new guidance from the New York State Department of Health ("DOH") and the New York State Education Department ("SED") regarding the novel coronavirus (a.k.a. COVID-19, "coronavirus").
Click to Read More about this client memo
Coronavirus Guidance Release 3-9-20 FINAL
covid-19-p-12-school-guidance (002)
Coronavirus: New Guidance from the CDC, DOH, and SED Client Memo #7.
March 09, 2020
This memorandum provides an update regarding recently-issued guidance from the Centers for Disease Control and Prevention ("CDC"), the New York State Department of Health ("DOH"), and the New York State Education Department ("SED") regarding the novel coronavirus COVID-19, "coronavirus"). We will summarize the key elements.
Click to Read More about this client memo
DOH Cleaning Guidance for Schools
FAQs for K-12 Schools and Childcare Program Administrators Coronavirus Disease-2019 (COVID-19)
Schools and Childcare Programs Checklist_CDC
Coronavirus: Addressing the Needs of Children with Disabilities Client Memo #6.
March 09, 2020
The U.S. Department of Education has indicated to Congress that it expects to release guidance materials about providing services to students with disabilities during the coronavirus (COVID-19) outbreak. The most recent guidance, issued in 2009, from the Department of Education addressed the H1N1 flu virus. Secretary Betsy DeVos has indicated little that is expected to change from the prior guidance. Therefore, and until guidance to the contrary is issued, school districts should take the following steps to ensure students with disabilities continue to have access to services, whether due to an extended illness related to COVID-19, or in the event schools close in response to the virus.
Click to Read More about this client memo
Military Ballot Voting in School District Meetings and Elections.
March 04, 2020
This memorandum is to inform you of an update to the New York State Education Law regarding absentee voting for military personnel in school district elections.
Click to Read More about this client memo
SED Memomilitary Ballots
Military Ballot Voting in School District Meetings and Elections - Updated.
March 04, 2020
This memorandum is to inform you of an update to the New York State Education Law regarding absentee voting for military personnel in school district elections.
Click to Read More about this client memo
SED Memomilitary Ballots
Coronavirus: New Guidance for Schools from the CDC Client Memo #5.
February 28, 2020
This memorandum provides an update to yesterday's memorandum regarding recently-issued guidance from the Centers for Disease Control and Prevention ("CDC") about the novel coronavirus (a.k.a. COVID-19, "coronavirus").
Click to Read More about this client memo
Interim Guidance for Childcare Programs and K-12 Schools _ CDC
Coronavirus: New and Forthcoming Guidance from the CDC Client Memo #4.
February 27, 2020
This memorandum provides an update regarding recently-issued guidance from the Centers for Disease Control and Prevention ("CDC") regarding the novel coronavirus (a.k.a. COVID-19, "coronavirus"). As many of you are aware, the coronavirus has begun to spread from its initial outbreak in Wuhan, China to various parts of the world, including South Korea, Japan, Italy, and Iran.
Click to Read More about this client memo
CDC Guidance for Businesses.pdf
CDC Risk Assessment Guidance
Change in Law: Salary History Inquiries Now Prohibited.
February 11, 2020
This memorandum provides an overview of a new law prohibiting salary history inquiries. Pursuant to recently enacted Labor Law § 194-a, employers are no longer permitted to ask job applicants and current employees about past salaries (with certain limited exceptions').
Click to Read More about this client memo
Salary History Ban
Coronavirus: Updated Guidance from Webinar Client Memo #3
February 07, 2020
This memorandum provides an update to yesterday's memorandum regarding students and staff who have recently traveled to areas affected by the novel coronavirus ("coronavirus"). Today at 3:00 p.m., the State Department of Health ("DOH") and the State Education Department ("SED") held a webinar to provide additional guidance for districts. While the link is not yet available, the webinar will be posted online. Much of the webinar's content mirrored earlier guidance. However, there were two additional points of clarification:
Click to Read More about this client memo
Coronavirus: Updated Guidance Client Memo #2
February 06, 2020
This memorandum provides guidance regarding students and staff who have recently traveled to areas affected by the novel coronavirus ("coronavirus"). The Department of Health ("DOH") and the State Education Department ("SED") have issued a guidance document as well as a letter for parents (enclosed). We encourage you to review each document carefully.
Click to Read More about this client memo
NYSDOH-NYSED Coronavirus
Coronovirus Parent Letter
Coronavirus Guidance Client Memo #1.
February 03, 2020
This memorandum provides guidance regarding students who have recently traveled to areas affected by the coronavirus. While neither the Centers for Disease Control and Prevention ("CDC") nor State agencies have issued official guidance for schools to date, a guidance document from the Department of Health ("DOH") and the State Education Department ("SED") is forthcoming. We will provide it as soon as it is available.
Click to Read More about this client memo
2019-nCoV: What the Public Should Do
Absentee Ballot Voting in School District Meetings and Elections – Updated.
January 28, 2020
This memorandum is to inform you of another recent change to the New York State Education Law which adds a provision to the Education Law regarding absentee voting for military personnel in school district elections.
Click to Read More about this client memo
Military Voting Statute
Recent Changes to Property Tax Cap Regulations.
January 23, 2020
This memorandum is to inform you of a recent amendment to the Regulations of the New York State Commissioner of Tax and Finance which affects the New York State Education Law and a school district's calculation of its tax cap levy for the 2020-2021 budget.
Click to Read More about this client memo
Property Tax Cap SED Final
New Federal Guidance: Constitutionally-Protected Prayer and Religious Expression in Public Schools
January 22, 2020
This memorandum provides an overview of new guidance (enclosed) from the U.S. Department of Education ("DOE") regarding constitutionally-protected prayer and religious expression in public schools ("January 16, 2020 DOE Guidance"), The First Amendment of the U.S. Constitution requires school districts to show neutrality towards prayer and other forms of religious expression. The January 16, 2020 DOE Guidance summarizes school districts' responsibilities under the Elementary and Secondary Education Act of 1965 ("ESEA"), as amended by the Every Student Succeeds Act ("ESSA"), and demonstrates the application of the First Amendment and the Equal Access Act.
Click to Read More about this client memo
Federal Guidance re Constitutionally Protected Prayer and Religious Expression
New Certification Requirements for Special Class Subject Area Teachers in Grades 7-12.
January 17, 2020
This memorandum provides an overview of new guidance from the New York State Education Department ("NYSED") regarding special education teacher certification (enclosed as Attachment #1). As you know, all special education teachers teaching special classes (i.e., self-contained classes; e.g., 12:1:1, 8:1:2, 6:1:2) in grades 7-12 must possess special education certification. Effective July 1, 2020, special education teachers who teach special classes in grades 7-12 must also be certified in each subject area they teach.' There are four options to satisfy this requirement, which are set forth below.
Click to Read More about this client memo
Attachment 1 - NYSED Memo
Attachment 2 - Verification of Paid Experience Form
Attachment 3 - Special Class Verification of Paid Experience Form
Attachment 4 - HOUSSE Rubric
Absentee Ballot Voting in School District Meetings and Elections
January 16, 2020
This memorandum is to inform you of a recent amendment to the New York State Education Law which significantly changes the provisions relating to applications for absentee ballots for school district elections.
Click to Read More about this client memo
New Mandatory Policy: Student Voter Pre-Registration/Registration.
December 23, 2019
This memorandum provides an overview of a new law that requires school boards to adopt a policy promoting student voter pre-registration/registration. The law's purpose is to enable and encourage voter pre-registration of 16 and 17 year olds. The law takes effect in January 2020.
Click to Read More about this client memo
Model Policy: Student Voter Pre-Registration and Registration
New York Magazine - New York’s 2019 Top Rated Lawyers.
December 17, 2019
Frazer & Feldman is proud to announce that Florence and Jack have been recognized in the December issue of New York Magazine (Best of New York Issue) as New York’s Top Rated Lawyers of 2019. The recognition features attorneys who have demonstrated leadership qualities and have achieved AV Preeminent ratings by Martindale-Hubbell® in legal ability and ethical standards.
Click to Read More about this client memo
UPDATE: Lawsuit Challenging Repeal of Religious Exemption Dismissed.
December 10, 2019
This memorandum provides an update to memoranda (July 2019) in which we advised of immunization-related litigation in Albany County, Supreme Court. As you may recall, 55 families had challenged the repeal of the religious exemption to immunization requirements.
Click to Read More about this client memo
NY Law Journal - Albany Judge Rejects Challenge to NY Law Ending Religious Exemption for Vaccines
UPDATE: Tackle Football Programs and Concussion Informational Packets for Parents.
December 3, 2019
This memorandum provides an update to our memorandum dated September 11, 2019 in which we advised that school districts which have "tackle football programs"1 must distribute informational packets about concussions to parents ("concussion packets"). The law charged the New York State Department of Health with developing the materials for the concussion packets. Although the law took effect on December 2, 2019, the Department of Health only promulgated the required materials on November 29, 2019 (available at https://www.health.ny.gov/prevention/injury_prevention/concussion.htm).
Click to Read More about this client memo
Concussion INFORMATION SHEET
TBI factsheets parents 508-a
Annual District Election and Budget Vote Seminar - Save the Date.
December 3, 2019
This is to inform you that we will be holding our annual seminar on School District Elections for all Superintendents, Administrators, Board of Education members and District Clerks who would like to attend. Topics to be covered will include pertinent dates for the 2020 annual district election, legal notice requirements, submission of propositions, voter qualifications, absentee and affidavit ballots, campaigning and electioneering, budget issues, recent Commissioner's decisions and other quirky election-related items. We will also discuss any updates on the Department of Justice's investigation related to the federal Voting Rights Act, which requires that school districts provide election documents in Spanish as well as in English.
Click to Read More about this client memo
Paid Time Off for Voting - Part II.
October 25, 2019
On May 1, 2019, we sent out a client memo which provided information bout recent amendments to the New York State Election Law requiring employers to provide all employees, including teachers, with paid time off to vote. This memorandum provides additional information regarding that law.
Click to Read More about this client memo
Important New Guidance – Repeal of Religious Exemption to Immunization Requirement.
October 11, 2019
As you know, on June 13, 2019, Governor Andrew M. Cuomo signed legislation that eliminated non-medical (i.e., religious) exemptions from school vaccination requirements for children. In the past months, we disseminated memoranda' which provided information and guidance on the application of this significant change to the Public Health Law. See Chapter 35 of the N.Y. Laws of 2019 (S.2994A/A.2371).
Click to Read More about this client memo
DOH State Education Department Additional FAQ re School Vaccination Requirements
Red Flag Law.
September 27, 2019
This memorandum is to advise you about New York's recently enacted "red flag" law. The purpose of the new law is to allow a law enforcement officer, family member, or school administrator to file a petition against a threatening individual to remove firearms in his/her possession. The law took effect on August 24, 2019. One important feature to remember about this law is that a petitioner is not required to take action. This is an option to take under appropriate circumstances.
Click to Read More about this client memo
Preparation for 2020 Annual Election and Budget Vote.
September 19, 2019
The following provides an outline of pertinent election dates for the May 19, 2020 Annual Election and Budget Vote. Our annual election workshop will take place in mid January, at which time we will address all elements of the school district election process and review the latest Commissioner's decisions. We will notify you of the date and time of the workshop in early December.
Click to Read More about this client memo
Four New Lawsuits Seeking to Reinstate Religious Exemption to Immunization Requirements.
September 18, 2019
This memorandum is to advise you of four new lawsuits, two in Nassau County and two in Suffolk County, challenging the repeal of the religious exemption to immunization requirements.' None of these lawsuits were commenced against school districts; in each case, the defendants involve the State of New York and/or State-related entities and agencies (i.e., the Governor, the Attorney General, the Department of Health, etc.). If any of these suits are successful, it would allow families once again to claim religious exemptions to immunization requirements. However, at the current time, nothing has changed with respect to school districts' obligations to exclude students who do not receive the requisite vaccinations.
Click to Read More about this client memo
2019 Women Leaders in Law.
September 13, 2019
Frazer & Feldman is proud to announce that Florence T. Frazer, Laura A. Ferrugiari and Christie R. Jacobson have been recognized in the September, 2019 issue of the New York Law Journal and New York Magazine as AV rated Women Leaders in Law. The recognition is based on and celebrating the achievements of the New York Tri-State area’s legal leaders.
Click to Read More about this client memo
Invitation to the “Legal Loop”.
September 12, 2019
Please join us on November 14, 2019 and January 21,2020, for the next meetings of the Legal Loop.
Click to Read More about this client memo
Immunization-Related FAQs.
September 11, 2019
We have received numerous questions regarding the recent changes to the immunuzation laws. This momorandum is to advise you of several frequently asked questions and our responses to each.
Click to Read More about this client memo
Tackle Football Programs: Concussion Informational Packets for Parents.
September 11, 2019
This memorandum is to advise you of a new law requiring "tackle football programs" to distribute informational packets about concussions to parents.The purpose of the new law is to provide parents with more information about the risk of injury involved in tackle football programs. The Law takes effect on December 2, 2019.
Click to Read More about this client memo
Press Release
Immunization-Related Exclusion Letters.
September 9, 2019
As a follow-up to our memorandum deated Auguest 23,2019 detailing a school district's obligations in the case of an immunization-related student exclusion, w have drafted letters(enclosed) to go out to parents and the local county Department of Health should an exclusion occur.
Click to Read More about this client memo
Required Immunizations Chart 2019-20
Exclusion Letter - to Parents_Nassau County
Exclusion Letter - to Dep't of Health_Nassau County
Second Lawsuit Seeking to Reinstate Religious Exemption to Immunization Requirement.
August 1, 2019
This memorandum is to advise you of a second lawsuit challenging the repeal of the religious exemption to immunization requirements, this time, on behalf of students with disabilities. At the current time, nothing has changed with respect to your obligations to exclude students who do not receive requisite vaccinations. However, we want to keep you apprised of the pending litigation around this matter.
Click to Read More about this client memo
Courtroom News Service
TRO Seeking to Reinstate Religious Exemption to Immunization Requirement Unsuccessful.
July 12, 2019
This memorandum is to provide an update regarding the lawsuit challenging the repeal of the religious exemption to immunization requirements.
Click to Read More about this client memo
New York journal article
Lawsuit Seeking to Reinstate Religious Exemption to Immunization Requirement.
July 11, 2019
This memorandum is to advise of a new lawsuit challenging the repeal of the religious exemption to immunization requirements. If successful, the suit would allow families once again to claim religious exemptions immunization requirements. However, nothing has changed at the current time with respect to school districts' obligations to exclude students who do not receive requisite vaccinations.
Click to Read More about this client memo
New York journal article
Alternate Assessments
June 18, 2019
This memorandum is to advise you of recently issued guidance from the New York State Education Department ("NYSED") regarding alternate assessments. While such assessments are not new, NYSED has provided new tools for Committees on Special Education ("CSEs") to use while making eligibility determinations and has updated requirements regarding parental notification.
Click to Read More about this client memo
Eligibility and Participation Criteria - NYSAA
Eligibility Criteria for Participation in the New York State Alternate Assessment (NYSAA)
Commissioner’s Regulations on School Counseling.
May 29, 2019
This memorandum is to remind you of the need to begin implementation of amendments issued by the Commissioner of Education and adopted by the Board of Regents Concerning school counseling/guidance counseling services.
Click to Read More about this client memo
March 2016 Guidance Document SED
March 2019 Guidance Memo and Chart
May 2017 Memo to Bdvof Regents
Homeless Students and Summer Services.
May 28, 2019
This memorandum is to advise you of a recent document issued by the Office of Accountability for the New York State Education Department ("SED"), regarding the provision of summer services for homeless students. See May 17, 2019 SED Memorandum entitled, "McKinney-Vento Summer School Information," attached. SED has reissued the memorandum to remind school districts of their obligation regarding summer services for homeless children.
Click to Read More about this client memo
2019 Summer School MV Memo
Update - U.S. Department of Justice May 21, 2019 Election Monitoring at Nassau and Suffolk County School District Elections.
May 21, 2019
As you are aware, Section 203 of the federal Voting Rights Act (VRA) requires that school districts in Nassau and Suffolk Counties provide information related to school district elections and budget votes in English and Spanish. That stature also requires translation of materials at that election site. This covers not only the ballat, but all election information such as sample ballots and instructional forms through the actual casting of the ballot, and the questions that commonly are asked at the polling place.
Click to Read More about this client memo
Budget Re-vote.
May 14, 2019.
This memorandum will provide you with the options available to the Board of Education should be budget be defeated by voters on May 21,2019. As in previous years, the Board may hold a special meeting (a budget "re-vote"), in which case the Board can present the same or a modified budget to the voters. The procedures for a re-vote are outlined below. Alternatively, the Board may choose to forego a second vote and adopt a contingency budget. The parameters for a contingency budget also follow below.
Click to Read More about this client memo
Paid Time Off for Voting.
May 01, 2019.
This memorandum provides information about recent amendments to the existing law that requires employers to provide all employees, including teachers, with paid time of to vote.
Click to Read More about this client memo
Updated APPR Laws.
April 25, 2019.
As you may recall, in 2015, the State created a new Annual Professional Performance
Review (“APPR”) system for teachers and principals that required State-created or administered
assessments to be a factor in determining a teacher or principal’s effectiveness. Since that time,
this new APPR system has not been widely accepted, has created many disparities, and may even
have strengthened the “opt out” movement.
Click to Read More about this client memo
FOIL Request from Data Research Partners.
April 11, 2019.
We are writing in response to the numerous Freedom of Information Law (“FOIL”)
requests that clients have received seeking names and addresses of school district employees.
This memorandum reviews the obligation of school districts to respond to such requests seeking
lists of names and addresses. Recently, several school district clients have received such a
request from an entity known as “Data Research Partners” (“DRP”) seeking the names, email
addresses, titles and “primary campus/department” locations of school district employees.
Click to Read More about this client memo
Model Non-Solicitation-fundraising Affidavit
Latest Legal Publication.
April 10, 2019.
Enclosed is a copy of the latest article published by Frazer & Feldman, LLP, partner
Christie R. Jacobson, Esq. This article is entitled, “Principals Must Make Legal Distinctions on
Religious Exemptions to Immunization.” It is featured in the April 2019 edition of On Board, the
statewide newspaper published by the New York State School Boards Association (“NYSSBA”).
Click to Read More about this client memo
Sample Board Resolution for Establishing TRS sub-fund
TRS Reserve Fund.
April 4, 2019.
The 2020 New York State Budget that was recently adopted on March 31, 2019, includes the long sought-after authorization for school districts to create TRS reserve funds. School districts may now establish a “TRS reserve sub-fund” within their existing retirement contribution reserve fund for purposes of financing contributions to the New York State Teachers’ Retirement System, subject to specified annual and overall limits. This new authorization is effective April 1, 2019, subject to the Governor’s veto 1 , and, thus, we urge you to promptly determine whether your district wishes to take advantage of the new TRS reserve fund rules prior to the close of the current fiscal school year. The parameters of the new reserve authorization are detailed below.
Click to Read More about this client memo
Sample Board Resolution for Establishing TRS sub-fund
DOJ Conference Call Results
March 5, 2019.
The purpose of this memorandom is to hsare the results of a conference call in which I participated yesterday afternoon, together with Neil Block, an attorney from Ingerman Smith, and Michael Goldberger, Kaycee Sullivan, Megan Freismuth, and Rachel Evans, attorneys with the Department of Justice ("DOJ"). The purpose of the call was to discuss the content of my February 11,2019 letter to the DOJ arguing that school districts are political subdivisions under Section 203 of the Voting Rights Act ("VRA"), not political units within political subdivisions.
Click to Read More about this client memo
Decision of the Commissioner of Education Regarding Capital Propositions.
March 1, 2019.
This memorandum provides information about a recent decision from the Commissioner of Education ("Commissioner") which reiterates the fact that propositions that are placed on the ballot must be accurate and unambiguous in order to ascertain the intent of the voters.
Click to Read More about this client memo
Decision No. 17587
Recent Federal Guidance on FERPA.
February 28, 2019.
This memorandum provides information on recently issued federal guidance regarding the application of the Family Education Rights and Privacy Act ("FERPA") to health or safety emergencies faced by school districts.
Click to Read More about this client memo
SRO FAQs
Children in Foster Care.
January 22, 2019.
This memorandum provides information about recent state laws that are designed to help ensure educational continuity for children in foster care. See Education Law §§3244, §3202(4) and Social Services Law § 153-k. The legal changes bring State law into compliance with Title I, Part A of the Elementary and Secondary Education Act of 1965 ("ESEA"), as amended by the Every Student Succeeds Act ("ESSA") of 2015. These laws set forth school district obligations with regard to the education and transportation of children in foster care.
Click to Read More about this client memo
2019 School District Elections
January 17, 2019.
On January 16, 2019, we held our annual seminar on School District Elections for our clients. Twenty five school district clerks, board members and business officials attended. In addition to covering pertinent dates for the upcoming 2019 annual district election, we discussed in detail the federal Voting Rights Act, which requires that school districts provide registration or voting notices, forms, instructions, assistance, ballots or other materials or information related to an election in Spanish as well as in English. A spirited discussion was held among our attorneys and clients as we brainstormed a school district’s various duties and responsibilities involved in conducting the budget vote and school board election.
For those of you who were not able to attend, we are attaching the handouts from the seminar. As always, if you have any questions, please feel free to contact us.
Click to Read More about this client memo
2019 School District Elections
January 16, 2019.
As you are aware, the U.S. Department of Justice ("DOJ") has not yet issued finding of guidance regarding their investigation related to school district compliance with Section 203 of the Voting Rights Act ("VRA"). School districts in Nassau and Suffolk Counties were notifed of the DOJ's investigation on or about June 28,2018, when school districts received letters requesting information form the last annual election and budget vote. Through the letter, the DOJ provided notice that school district elections are subject to the federal requirement that election information provided in English must also be provided in Spanish.
Click to Read More about this client memo
Voting Rights Act
Read all about November-December 2018
December 26, 2018.
In this installment of the Attorney’s Corner, we review federal decisions by the Third Circuit Court of Appeals, the District Courts of the Southern District of New York and New Jersey, an administrative decision by the State Hearing Office of Arkansas, and guidance from the Office of Special Education Programs (OSEP).
Click to Read More about this client memo
Annual District Election and Budget Vote Seminar – Save the Date.
December 03, 2018.
This is to inform you that we will be holding our annual seminar on School District Elections for all Superintendents, Administrators, Board of Education members and District Clerks who would like to attend. Topics to be covered will include pertinent dates for the 2019 annual district election, legal notice requirements, submission of propositions, voter qualifications, absentee and affidavit ballots, campaigning and electioneering, budget issues, recnet Commissioner's decisions and other quirky election-related items. We will also provide an update on the Department of Justice's investigation related to the federal Voting Rights Act, which requires that school districs provide registration or voting notices, forms, instructions, assistance, ballots or other materials or information related to an election in Spanish as well as in English.
Click to Read More about this client memo
RAAI! September, 2018
September 2018.
In this installment of the Attorney’s Corner, we review two federal Court of Appeals decisions, a federal court decision, one administrative decision from the Office of State Review (“SRO”), and an advisory opinion from the U.S. Department of Education’s Office of Services and Educational Programs (“OSEP”).
Click to Read More about this client memo
Amendments to Civil Service Law §75.
October 12, 2018.
This memorandum provides information about a new amendment to the New York State Civil Service Law that provides due process rights for certain labor class employees.
Section 75 Protections
Click to Read More about this client memo
Preparation for 2019 Annual Election and Budget Vote.
October 5, 2018.
The following provides an outline of pertinent election dates for the May 21, 2019 Annual Election and Budget Vote. Our annual election workshop will take place in mid January, at which time we will address all elements of the school district election process and review the latest Commissioner's decisions. We will also provide an update on the implications of the Department of Justice's ("Dal") investigation related to school district compliance with the federal Voting Rights Act ("VRA"). In the meantime, we would recommend that you begin the process of translating all election material related to voter registration and the election into Spanish.' We will notify you of the date and time of the workshop in early December.
Click to Read More about this client memo
RAAI! August, 2018
August 9, 2018.
In this installment of the Attorney’s Corner, we review a circuit court decision, three federal district court cases, and an advisory letter from the U.S. Department of Education’s Office of Special Education Programs (“OSEP”). We start with a case from the U.S. Court of Appeals, Ninth Circuit that addresses what constitutes an appropriate response to bullying in an individualized education program (“IEP”). We follow with a decision by the U.S. District Court, Eastern District of New York that explores what sort of information is disclosable as ‘directory information’ under FERPA. This is followed by a decision by the U.S. District Court for the Eastern District of Pennsylvania discussing measurable annual goals, and how critical it is for a school district to monitor a student’s progress throughout the school year. We also examine a decision from the Southern District of New York which weighs the impact of a school district’s agreement to provide transportation services for a student to his nonpublic school in determining the student’s stay-put setting. We conclude with a letter from OSEP which discusses a school’s responsibility to provide make-up services following the administration of state assessments.
Click to Read More about this client memo
Second Circuit Court Appeal – F.L. et al v. Board of Education of the Great Neck Union Free School Dist., Case No.: 17-2881.
August 24, 2018.
We are extremely pleased to enclose a favorable decision from the United States Second Circuit Court of Appeals, upholding the decision of Judge Feuerstein of the Federal District Court for the Eastern District of New York, and dismissing the above-referenced proceeding in its entirety.
Click to Read More about this client memo
17-2881-Decision
Private School Transportation Requests - Students with Disabilities.
August 24, 2018.
Special Education Departments often receive a rush of transportation requests from families who have unilaterally placed their children in private, non-state-approved programs. To that end, this memo reviews the conditions under which transportation must be provided, as well as the information school districts should request from the family to make the determination of eligibility to receive transportation.
Click to Read More about this client memo
ESSA 2018 Overview.
August 15, 2018.
The New York State Board of Regents recently adopted emergency regulations' to implement New York's plan for the implementation of the federal Every Student Succeeds Act ("ESSA") 20 U.S.C. 0301 et seq., which sets forth the conditions under which schools receive federal funding. ESSA requires that public schools implement challenging academic content and achievement standards, applicable to all students.
Click to Read More about this client memo
Status Update - U.S. Department of Justice Review of Nassau and Suffolk County School District Elections for Compliance with the Voting Rights Act.
July 30, 2018.
As you are aware, virtually every school district in Nassau and Suffolk Counties has now received a letter from the U.S. Department of Justice ("DOJ") seeking information related to the May 2018 annual district election and budget vote. Through the document request, the DOJ is attempting to determine the extent to which school districts have complied with the federal Voting Rights Act ("VRA" ).1 DOJ has designated school districts as "political subdivisions" under Section 203 of the VRA, mandating that they provide registration or voting notices, forms, instructions, assistance, ballots or other materials or information related to an election in Spanish as well as in English.
Click to Read More about this client memo
Dues Deductions after Janus v. AFSCME.
July 27, 2018.
Following the U.S. Supreme Court's decision in Janus v. American Federation of State, County and Municipal Employees, public employers may no longer deduct agency shop fees from employees who decline to join the union which represents their bargaining unit. The decision has placed a focus on what may be considered a ministerial function of school districts, namely, the automatic deduction of union dues from employees' paychecks.
Click to Read More about this client memo
Guide – How to PWN.
July 24, 2018.
We are often asked to review prior written notice (“PWN”) letters following a
particularly contentious CSE meeting. This past year, we have come across some consistent,
problematic areas which would raise red flags if the PWNs were reviewed by an impartial
hearing officer (“IHO”). To that end, this memo reviews the purpose of PWN and some helpful
tips for your staff to use when drafting these documents
Click to Read More about this client memo
The PWN Cheat Sheet
RAAI! July 2018
July 18, 2018.
In this installment of the Attorney’s Corner, we review three federal cases and a Question and Answer Guidance document issued by the Federal Privacy and Compliance Office. We start with a case from Northern District of New York that addresses IEP errors made by the school district in its attempt to address a student’s school avoidance. We
follow with a multi-year challenge in the Southern District of New York which examines
the steps a CSE must take to ensure meaningful parental participation when the parent of
the student in question speaks English as a second language. We also review a second
decision from the Southern District of New York, which examines the dangers associated
with over-reliance on progress reports from the student’s unilateral placement. We
conclude with a Frequently Asked Questions (“FAQ”) guidance document from the U.S.
Department of Education’s Federal Privacy and Compliance Office describing the steps
districts must take to ensure interested stakeholders have appropriate access to photo and
video records.
Click to Read More about this client memo
Newsday FOIL Request for Payroll Information.
July 13, 2018.
This memorandum addresses school districts' legal obligation to comply with the most recent Freedom of Information Law ("FOIL") request from Newsday, which seeks a substantial amount of employee data for a three year period.' Specifically, Newsday has requested employee payroll data, including each employee's full name, department, title, rate of pay, hire date, termination date, overtime compensation, termination/retirement compensation, and total compensation for each of the three years.
A number of clients have asked whether it is necessary to comply with this request. The short answer is yes. A few caveats are set forth below.
Click to Read More about this client memo
New Employer Obligations to Combat Sexual Harassment in the Workplace
July 09, 2018.
This memorandum is designed to introduce new obligations imposed on school district employers by legislation enacted in the 2019 New York State Budget to train staff about the prevention of sexual harassment in the workplace. These new mandates, which were signed into law by the Governor on April 12, 2018, impose several new obligations on New York employers, including school districts, to help prevent sexual harassment in the workplace. Among other things, employers are required to distribute a written sexual harassment prevention policy and provide annual sexual harassment training. These and other changes in the law concerning sexual harassment are detailed below.
Click to Read More about this client memo
U.S. Department of Justice Review of Nassau and Suffolk County School District Elections for Compliance with the Voting Rights Act
July 03, 2018.
This week, each school district in Nassau and Suffolk Counties can expect a letter from the U.S. Department of Justice ("DOJ") entitled "Compliance with Section 203 of the Voting Rights Act." The letter seeks certain information related to your most recent annual district election and budget vote in an attempt to determine the extent to which school districts are complying with the federal Voting Rights Act ("VRA").
Click to Read More about this client memo
US Supreme Court Decision: Janus v. AFSCME
June 28, 2018.
As you are no doubt aware, the United States Supreme Court has issued its long-anticipated decision in the matter of Janus v. American Federation of State, County and Municipal Employees ("AFSCME"), a case of great significance to public employee unions, as it eliminates public employee unions' right to collect a fee from non-union members, yet retains the unions' obligation to fairly represent all members of a bargaining unit, irrespective of their union membership.'
Click to Read More about this client memo
New Legislation Prohibiting "Lunch Shaming"
May 21, 2018.
This memorandum provides guidance regarding a recently adopted provision of the Education Law which is intended to eliminate embarrassment to students unable to pay for meals at school, sometimes referred to as "lunch shaming." 1 The statute requires school districts to adopt a plan which, among other things, requires school districts to take affirmative steps to assist families to apply for federal or local programs which enable students to receive meals at school free or at a reduced price. It specifically prohibits school districts from implementing practices which single out children who cannot pay for a meal, and requires school districts to take affirmative steps to determine if a family is eligible to receive free or reduced price meals at school.
Click to Read More about this client memo
New SED Policy Guidance for Homeless Students
April 12, 2018.
This memorandum provides important information about new policy guidance from the New York State Education Department (“SED”) regarding the education of homeless students under the McKinney-Vento Homeless Assistance Act (“McKinney-Vento”).
Click to Read More about this client memo
Sample Local Educational Agency (“LEA”) Policy on the Education of Students in Temporary Housing1
Newsday FOIL Request – Settlement Agreements
March 22, 2018.
Newsday recently emailed a Freedom of Information Law (“FOIL”) request to a number of our school district clients asking for “a copy of all settlement agreements executed by the district in 2017.” In follow-up to questions regarding the scope of this request, Newsday subsequently clarified that it was seeking only those “settlement agreements executed by the district in the calendar year of 2017 to formally close civil lawsuits against the district.”
Click to Read More about this client memo
Paid Leave for Cancer Screenings
March 14, 2018.
Effective March 18, 2018, school district employees will be entitled to an excused paid leave, not to exceed four (4) hours, for expanded cancer screenings. The purpose of this law is to encourage regular screenings for all types of cancers as a matter of improving public health.
Click to Read More about this client memo
“Walkout” Scenarios and Student Speech Considerations
March 12, 2018.
This memorandum supplements our March 1, 2018 memorandum entitled, "Walkout" Scenarios and Student Speech Considerations" As you know, school districts across the country are anticipating a surge in student protests in the upcoming days and weks in response to recent events such as the tragedy in Parkland, Florida. This memorandum lists a few reminders to help districts respond in the case of a student walkout or other mass protest.
Click to Read More about this client memo
"Walkout" Scenarios and Student Speech Considerations
March 01, 2018.
In the wake of the tragedy that occurred at Marjory Stoneman Douglas High School in Parkland, Florida, school districts across the country are experiencing student protest movements in response to school violence. This memorandum provides guidance to help districts respond in the case of a school "walkout" and other mass protests in the school setting.
Click to Read More about this client memo
Archived Client Memoranda
For more information on how to access our client memoranda and documents, please contact
info@ffedlaw.com.
Friday, April 8, 2022
10:00 a.m. – 3:30 p.m.
2022 Annual School Law Conference
Sponsored by the Education Law Committees of Suffolk and Nassau County Bar Associations
As well as the Suffolk & Nassau Academies of Law
Speakers:
Jacob S. Feldman, Esq., Frazer & Feldman, LLP
Christie Jacobson, Esq., Frazer & Feldman, LLP
Joseph Lilly, Esq., Frazer & Feldman, LLP
Dennis O’Brien, Esq., Frazer & Feldman, LLP
Topics will include: “Deal or No Deal” - Disciplinary Proceedings in Cyberspace; Special Education “Jeopardy!” – Navigating the Perils of Spe-cial Education Ethics One Question at Time; and “Let’s Make a Deal” – Negotiating in the Post Pandemic.
March 30, 2022
Freedom of Information Law (“FOIL”) Training Seminar
Christie R. Jacobson held a client training seminar on the New York State Freedom of Information Law (“FOIL”) for all school board members, Superintendents of Schools, interested school administrators, Records Access Officers, FOIL Appeals Officers, and district clerks. For more information, please go to the Client Memoranda tab of our website for a recording of the seminar.
February 11, 2022
On-Line Seminar
9:00 a.m. to 4:30 p.m.
IEP and 504 Plan Legal Workshop
Jack Feldman will be presenting a seminar on the IEP Development Process: Handling Difficult Issues and Key Considerations for Implementing IEPs. The seminar will address IDEA evaluation report essentials; IEP Meetings; creating measurable IEP goals and progress requirements; who should receive a copy of IEPs and what form should it be; and what to do when IEPs aren’t working. For additional information, please visit www.nbi-sems.com.
Wednesday, February 16, 2022
Webinar: Social Media Ethics for School Attorneys
When lawyers use social media, what ethical rules apply? And how?
Time: Noon to 1:00 p.m.
Price: $110 per person
Christie R. Jacobson will co-present a seminar on the topic of school attorneys and their law firms are using social media platforms such as LinkedIn, YouTube, and Twitter to connect with both current and prospective clients. However, as with all other forms of attorney advertising, they must remain mindful of potentially serious ethical implications. For example, Rule 7.1 of the New York Rules of Professional Conduct governs attorney and law firm advertisements, including content published on the Internet and via social media. This webinar will review the rules governing social media ethics and their application to attorneys who practice education law. For more information and to register, please visit https://www.nysasa.org.
December 9, 2021
On-Line Seminar
9:00 a.m. to 4:30 p.m.
New York Special Education Law
Jack Feldman will be presenting a seminar on Special Education Law in New York. The seminar will address the increasing number of students qualifying for special education services. Professionals working with special needs children know that an understanding of special education law is crucial. You need to know the law in order to deal with complex questions that arise on a regular basis. Who pays when a special needs child is placed in private schooling at the parents' election? How can a school create the least restrictive environment and promote inclusion to the best interests of all students? It can be costly if you don't know. For additional information, please visit www.nbi-sems.com.
1415 Kellum Place, Suite 201
Garden City, New York 11530
Phone: (516) 742-7777
Fax: (516) 742-7868
info@ffedlaw.com
All contents copyright © 2022 Frazer & Feldman, LLP. All rights reserved. Attorney Advertising
Powered by Kick Solutions Inc.