May 2024 Special Education Virtual Town Hall

Fears of Sexual Misconduct Claims Do Not Relieve Schools of Statutory Obligation to Conduct Student Health Exams

It is important for school officials to remember Education Law Article 19 and regulations of the Commissioner of Education require health examinations of public-school students.

Requirements for a Successful Capital Construction Project

You’ve hired a qualified Architect and Construction Manager to shepherd the capital project through planning, pre-construction, construction, and closeout, but the ultimate responsibility for successful project delivery is yours. You should take steps to reduce the risks, mitigate their impact, and insure against financial loss when the risk materializes. Once you’ve settled on the scope, schedule, and budget for the project, vigilance for ALL aspects of the project is required, but here are selected areas of focus which will help reduce the risks and prevent a problem or issue from turning into a disaster.

Challenges in Enrolling Undocumented Children

Many communities are receiving an increase in the number of undocumented persons, including school age children. Some children are with relatives or are meeting sponsors. Others are unaccompanied. What is the obligation of the local school district? All school age students are eligible to attend public school if they satisfy residency, age, and immunization requirements. Undocumented children and unaccompanied children have that same right. While there are unique challenges to enrolling these children, the challenges can be overcome.

Comptroller Audit Reveals Lack of Compliance with Data Security and Privacy Laws and Regulations by SED and School Districts

The COVID-19 pandemic accelerated the use of educational software to deliver hybrid or remote educational services. This widespread use of technology and the sharing of electronic student data resulted in a steep increase in cybersecurity threats for schools. A recent audit of the New York State Education Department revealed that there has not been adequate oversight of school districts’ compliance with student data privacy and security laws, including the reporting of data breach incidents.

Effective Communication for Students and the ADA

Schools have long known that students with hearing, vision and speech disabilities may need accommodations in school to receive a Free Appropriate Public Education under either the Individuals with Disabilities Education Act or Section 504 of the Rehabilitation Act of 1973, or both. The U.S. Supreme Court, in the case of Board of Education of the Hendrick Hudson Central School District v. Rowley, ruled in 1982 that the school had no obligation to provide the requested sign language interpreter for a hearing impaired student because the student was able to succeed in school with residual hearing and lip reading; the school’s obligation was only to provide services so that the student could benefit from education, not necessarily to reach her potential.