Aug 27th, 2020NYSED and Facilities Planning for School Re-Opening
The New York State Education Department (NYSED) recently issued Guidance dealing with facilities renovations associated with School Re-Opening, available at http://www.nysed.gov/common/nysed/files/programs/reopening-schools/nys-p12-school-reopening-guidance.pdf. More recently, FAQs were issued by the NYSED Office of Facilities Planning (OFP) available at http://www.p12.nysed.gov/facplan/documents/08-05-2020COVIDFAQs.pdf . In addition to the FAQs, the OFP issued a form to be used when submitting facilities renovations …
Jun 30th, 2020Do Not Forget Your SRO and Safety Plans
The past three months have been unexpected to say the least. Now that the school year is complete and the budget vote is over, it is time to plan for next year. Most of us are questioning what next year will look like. While you navigate the post-COVID world, do not lose sight of your …
Jun 30th, 2020Field Trips Should be Reviewed and Approved by Business Office and Counsel
During the Covid-19 pandemic, most, if not all, school field trips were canceled. The problem in many situations was that the school-sponsored field trip contract was not reviewed and approved by the district’s business office and district’s legal counsel. In many situations, the travel company’s boilerplate contract language contained provisions which required impractical cancellation notices, …
Jun 30th, 2020Are Compensatory Educational Services in Order?
During these past months of COVID-19 school closures and remote instruction, students with disabilities have received special education instruction and related services using varying degrees of remote telepractice. The U.S. Department of Education has advised that special education services need to be provided equitably compared to that instruction provided to students without a disability. Nevertheless, …
Jun 30th, 2020Employees Cannot Wear Face Covering Due to Medical Condition?
If an employee has medical reasons why he/she cannot wear a face mask or other covering, this would trigger the employer’s obligation to engage in the Americans with Disabilities Act (ADA) interactive process. During this process, the employer may send the employee home pending completion of the process. As part of this process, the employer …
Jun 30th, 2020Opioid Epidemic Related Litigation
Numerous lawsuits seeking to recover monetary damages and other forms of relief against the pharmaceutical industry have been consolidated into a Multidistrict Litigation proceeding presently pending in federal court in Ohio. There is also a related bankruptcy proceeding pending in federal court in New York. School districts that believe they have suffered significant damages as …
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