New Legislation Provides Additional Protection for New Mothers in the Workplace Jan 30th, 2023
by Lindsay A. G. Plantholt

New Legislation Provides Additional Protection for New Mothers in the Workplace

On December 9, 2022, Governor Hochul signed legislation amending Section 206-c of the Labor Law and expanding the rights of employees who need to express breast milk while at work.

School District Responsibilities when Considering Residential PlacementJan 30th, 2023
by Wendy K. DeWind

School District Responsibilities when Considering Residential Placement

Now that schools, staff and students have emerged from the pandemic-related isolation, many schools are seeing a dramatic increase in severe behavior in students, especially special education students.

It’s The Most Wonderful Time of the Year:  Reviewing and Updating Codes of ConductDec 22nd, 2022
by Michael L. Dodd

It’s The Most Wonderful Time of the Year: Reviewing and Updating Codes of Conduct

Many of the school districts and BOCES we represent are taking time this holiday season to fulfill their obligation to annually review and update (as necessary) their codes of conduct, “…taking into consideration the effectiveness of code provisions and the fairness and consistency of its administration.” (8 NYCRR § 100.2(l)(ii)(3).) While assisting our clients with this process, we have been finding that many Codes of Conduct do not meet the basic requirements set forth in the Commissioner’s regulations. Moreover, they frequently include information or rules better left to board policies or administrative regulations.

Homebound Instruction and Tutoring:  Need for a Policy Change?Dec 22nd, 2022
by Susan T. Johns

Homebound Instruction and Tutoring: Need for a Policy Change?

Since the Spring, the Board of Regents has repeatedly adopted an emergency regulation addressing the increased need for schools to provide instruction to students unable to attend due to health issues. The emergency regulation is anticipated to become permanent in January 2023.

New NLRB Decision Allows Unions to “Cherry-Pick” Employees for Organization DriveDec 22nd, 2022
by Michael L. Dodd

New NLRB Decision Allows Unions to “Cherry-Pick” Employees for Organization Drive

The National Labor Relations Board (“NLRB” or “Board”) recently applied an Obama-era standard in a decision permitting unions to organize smaller, more tailored groups of employees.

FERPA Isn’t the Only Student Privacy Law You Need to Follow:  Remember the PPRANov 21st, 2022
by Michael L. Dodd

FERPA Isn’t the Only Student Privacy Law You Need to Follow: Remember the PPRA

School district officials should keep in mind that, in addition to the Family Educational Rights and Privacy Act (FERPA) which protects students’ privacy with respect to disclosure and use of their personal information, there is another law that protects student privacy from a slightly different perspective: the Protection of Pupil Rights Amendment (PPRA).

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