Eyeing Reformation for the New York Standard for Determining Substantial EquivalencyJun 29th, 2021
by Thomas F. Barrett

Eyeing Reformation for the New York Standard for Determining Substantial Equivalency

Education Law 3204(2) states that, “[i]nstruction given to a minor elsewhere than a public school shall be at least substantially equivalent to the instruction given to minors of like age and attainments at the public schools of the city or district where the minor resides.” However, the current system of determining substantial equivalence has left …

Importance of Giving Notice of Right to Informal Conference with Principal BEFORE Short-Term Suspension, With Limited ExceptionJun 29th, 2021
by Donald E. Budmen

Importance of Giving Notice of Right to Informal Conference with Principal BEFORE Short-Term Suspension, With Limited Exception

A principal’s suspension of a student for five days or less requires notice and the opportunity for an informal conference with the principal.  This must occur prior to the suspension, “unless the pupil’s presence in the school poses a continuing danger to persons or property or an ongoing threat of disruption to the academic process”.  …

IDEA:  Procedure MattersJun 29th, 2021
by Susan T. Johns

IDEA: Procedure Matters

When the IDEA was last amended and re-authorized (eons ago), Congress took heed of the schools’ argument that most IEP disputes can be resolved short of a due process hearing if the parents communicate their concerns.  To address this, Congress built in a thirty-day resolution period after a due process complaint is filed and before …

Hank Sobota Featured in Onondaga County Bar Association “Bar Reporter” Member SpotlightJun 23rd, 2021
by Henry F. Sobota

Hank Sobota Featured in Onondaga County Bar Association “Bar Reporter” Member Spotlight

Ferrara Fiorenza PC’s own Hank Sobota was recently featured in the June 2021 issue of the Onondaga County Bar Association’s “Bar Reporter” magazine in the “Member Spotlight” series. Read the interview here.   

UPDATE:  Daily COVID-19 Health Screening No Longer Required for Private Sector EmployersJun 16th, 2021
by Michael L. Dodd

UPDATE:  Daily COVID-19 Health Screening No Longer Required for Private Sector Employers

We reported last week that New York still required private sector employers to complete daily COVID-19 health screening questionnaires.  This was made clear by the fact that the State amended its New York Forward guidelines regarding these questionnaires on June 8, 2021.  However, Governor Cuomo announced yesterday (i.e., June 15, 2021) that the New York …

NY Hero Act Amendments Clarify Employer ObligationsJun 14th, 2021
by Nicholas Fiorenza

NY Hero Act Amendments Clarify Employer Obligations

Our clients continue to call with questions concerning their obligations under the New York Health and Essential Rights Act (NY Hero Act). This law, signed on May 5, 2021 by Governor Cuomo, is an important part of the State’s response to the COVID-19 pandemic.  Broadly speaking, the law introduces two new employer requirements: Section 1 …

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