Jul 29th, 2021New School Health Examination Form Required for 2021-2022 School Year
As a result of changes to Section 136.3 of the Regulations of the Commissioner of Education, for any student physicals conducted on or after January 31, 2021, the student health certificate must now “be on a form prescribed by the commissioner.” This means that, beginning with the 2021-2022 school year, school districts may only accept …
Jul 29th, 2021Analyzing the Impact of Mahanoy Area School District v. B.L.: What the recent “Cheerleader Case” Decided by the Supreme Court Means for School Districts
In a previous update, we discussed a legal case that has been billed as the most important student speech case in more than half a century: Mahanoy Area School District v. B.L. More than fifty years ago, the United States Supreme Court famously declared that students do not “shed their constitutional rights to freedom of …
Jun 29th, 2021Eyeing 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 …
Jun 29th, 2021IDEA: 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 …
Jun 29th, 2021Importance 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”. …
Jun 23rd, 2021Hank 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.
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