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New York Commissioner of Education Reminds School Districts that Tenure Appointments, Seniority Lists and Resolutions Making...

Teacher tenure areas and seniority rights of certified employees are governed by state law and regulation. A recent Commissioner of Education decision provides a good reminder of the obligation to follow these requirements....more

1/4/2023  /  Appeals , New York , Seniority , Tenure

Electronic Records Available? That May Mean No Charge

As Buffalo was dealt a deluge of snow, Albany found a flurry of legislation being signed into law by Governor Hochul. One measure, while seemingly benign, addresses a change to New York’s Freedom of Information Law. It is a...more

Is Interstate Commerce Coming For The Cannabis Industry?

On December 29, 2022, over 18 months after cannabis became legal to sell in New York State, the first retail dispensary is scheduled to open. This begs the question – should it have taken this long?...more

New Requirements for New York Businesses Employing Nursing Mothers

New York employers must re-evaluate their obligations to nursing mothers in the workplace under an amendment to the state Labor Law that expands accommodations to nursing mothers....more

NYS Concussion Management Law Now Applies to Private Schools

On November 22, 2022, Governor Hochul signed into law Bill S973, which amends the Education Law by requiring private schools to abide by the mandates of the Concussion Management and Awareness Act (“CMAA”) of 2011 – New...more

Cyberattacks Hitting School Districts

The recent ransomware attack targeting Los Angeles Unified School District is another frightening reminder school districts are especially vulnerable to hackers and must continuously assess all of the individual systems...more

Regents Adopt Substantial Equivalency Regulation for Private Schools

Seeking to hone in on requirements impacting nonpublic schools, today, the New York State Board of Regents approved amendments to the regulations mandating nonpublic schools provide “substantially equivalent” education to...more

Proposed Regulations Issued Last Month by United States Department of Education Would Require Schools to Significantly Update...

In celebration of the 50th anniversary of Title IX, the U.S. Department of Education released for public comment on June 23, 2022 proposed changes to the Title IX regulations applicable to elementary and secondary schools, as...more

New York State Issues Guidance for Measuring Flowering Plant Canopy by Adult-Use Cannabis Cultivators

The Office of Cannabis Management in New York state has provided further guidance on how adult-use conditional cultivators (AUCCs) must measure and report the square footage of their flowering canopy to remain compliant with...more

The SCOTUS Kennedy v. Bremerton Decision: Where Friday Night Lights and Freedom of Religion Converge

In its Kennedy v. Bremerton School District decision, the U.S. Supreme Court has made a bold move that seems to disregard established precedent and leaves school district administrators and boards puzzled as to how best to...more

For New York Schools, Going Green Just Got a Little Easier

In September of 2021, Gov. Kathy Hochul announced the allocation of $59 million to fund the Clean Green Schools Initiative. The program aims to advance clean energy efficiency solutions and clean energy to improve indoor air...more

Healthcare and Mental Hygiene Workers Employed by Educational Institutions May Receive Bonuses Under New York Law

As part of the New York State enacted budget for the 2023 Fiscal Year, the Legislature and Governor provided bonuses for certain healthcare and mental hygiene workers, pursuant to New York Social Services Law Section 367-w....more

The Risk of Contracting COVID-19 Constitutes an Illness for Purposes of Obtaining an Absentee Ballot for 2022 School District...

Governor Kathy Hochul recently signed Bill S7619 that will extend for another year the provision under New York Education Law that permits voters to use the risk of contracting COVID-19 as the basis for obtaining absentee...more

Recent NYSED Decision Underscores Need for School Districts to Protect Data Privacy

School districts must consider the sanctity and privacy of data they maintain, as a recent decision underscores from the New York State Education Department’s Office of the Chief Privacy Officer. This alert explains the...more

Mask Mandate; Nassau County Court Decision; Where Are We?

UPDATED January 27, 2022 We have learned from the New York State Attorney General’s office that the decision regarding whether or not the current stay will remain in place pending the decision on the appeal of the Nassau...more

Big Brother, Hold On: New York Employers Must Advise Employees and Prospective Employees if Electronic Activities will be...

George Orwell would be proud. The ‘Big NYS Legislature and Governor’ just put the brakes on Big Brother, kinda. On November 8, 2021, Governor Kathy Hochul signed Chapter 583, creating Civil Rights law § 52-c. The new...more

Governor Hochul Signs Legislation Requiring Online Posting of Documents 24 Hours Prior to Discussion at Open Meetings

This week, Governor Hochul signed legislation aimed at improving transparency of government at all levels. The amendment to the Open Meetings Law mandates, as much as practicable, to have any resolutions, laws, rules,...more

8 Cheers for the Supreme Court: School’s Out for Summer, but First Amendment Rights for Students are In

As many high school students are walking the stage for graduation, the Supreme Court is readying for summer, issuing a flurry of decisions. One, B.L. v. Mahanoy Area School District (594 U.S. _____ (2021)) is a big win for...more

Changes to New York APPR and Tenure Provisions Continue for the 2020-2021 School Year

On June 7, a law was enacted continuing the changes made to the tenure and the APPR performance review process for teachers and principals enacted during the early stages of COVID-19 pandemic period. School districts should...more

Governor Cuomo Issues Executive Order Requiring Vaccination Reporting for P-12 Teachers

On Monday, February 22, 2021, Governor Cuomo issued Executive Order 202.95 requiring the following: Teachers employed in P-12 (public and non-public) schools must report that they have received a COVID-19 vaccination to...more

New York to Require Pandemic Plans for All Municipalities, Other Public Employers

A new law signed on Labor Day -- the day before many schools returned students for the first time since March -- imposes new requirements on municipalities across the state in case of a health emergency declared by the...more

Deadline for Filing Claims Under New York Child Victims Act is Extended

The New York Child Victims Act created a special one-year window during which adult survivors of child sexual abuse would be permitted to file civil actions related to their abuse. The Act was passed in response to repeated...more

New York Gov. Cuomo Signs Bill Extending Child Victims Act Deadline for Filing Claims

On Aug. 3, 2020, Gov. Andrew Cuomo signed a one-year extension of the deadline for filing claims under the Child Victims Act, the law that temporarily lifted the statute of limitations for adult survivors of child sexual...more

Tempted to Pay Employees "Off the Books"? Here's Why You Shouldn't

Does this situation sound familiar to you? You are a small business with a few employees. You know of other similar businesses that pay off the books and have never run into trouble. You are contemplating doing the same. ...more

With SHIELD Act, New York State Requires Enhanced Protection of Residents' Private Data

Just prior to the sweltering hot weekend, Governor Cuomo signed into law the Stop Hacks and Improve Electronic Data Security Act, or SHIELD Act. Taking effect on March 22, 2020, the law imposes new obligations on entities to...more

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