[PDF] - School District Financial Reporting Educ. Law 3614 establishes PDF Document

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SCHOOL LAW- A YEAR IN REVIEW

PART I- LAWS AND REGULATIONS

Presented by Kimberly A. Fanniff

School District Financial Reporting

Educ. Law § 3614 establishes requirements for

school districts to publicly report funding.

– reports must include an explanation of the approach used to allocate funds to each school – include demographic data, – per pupil funding level, – source of funds and – the uniform decision rules regarding allocation of centralized spending to individual schools from all funding sources

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Feminine Hygiene Products

Chapter 56 Part Q adds a new section to the Public

Health Law (§ 267) which requires all elementary and secondary schools serving children in grades 6-12 to provide feminine hygiene products in the restrooms

f such buildings at no charge to students.

Meal Shaming

Educ. Law § 908 requires school districts

participating in federal school meal programs to develop a plan to ensure children with unpaid meal fees are not shamed.

Plan must include procedures for handling unpaid

meal charges, outreach to families regarding unpaid meal charges and training staff to ensure procedures are carried out correctly.

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Breakfast after the bell

A school district with 70 % or more of its students

eligible for free or reduced priced meals under the federal National School Lunch Program must offer all students a school breakfast after the instructional day begins

Time spent eating may count as instructional time if

students are receiving instruction

Waiver process available through application to

commissioner

Sexual Harassment

Harassment of non-employees
Policies and prevention programs

– Prohibit harassment consistent with guidance from DOL and DHR; include federal and state laws concerning harassment; procedures for investigation; prohibit retaliation – Prevention training must be provided to employees annually

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Sexual Harassment

Reimbursement by employee subject to final

judgment of personal liability

Non disclosure clauses

– Only allowed if it is employee’s preference to include such clause – 21 days to consider provisions – 7 days to revoke after signing agreement

Students in Foster Care

Educ. Law § 3244 added provisions for the

education of students in foster care.

A child in foster care is a child who is in the

care and custody of a local commissioner of social services or the commissioner of the

ffice of children and family services.

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Designation of School of Attendance

Child in foster care may attend at either the school

district of origin or the school district of residence (where the foster care placement is located)

– Attend school of origin (public school child attended prior to placement in foster care) or – Any school in attendance area of foster care placement

Designation made by social services district in

consultation with appropriate school officials

Students in Foster Care

Point of contact must be designated within district

for children in foster care

Tuition generally borne by district of origin

– District may dispute such identification as district of origin through procedures set out in law – Transportation costs borne by designated district of attendance (up to 50 mi each way is eligible for state aid) – Costs that exceed allowable limits be split evenly by social services district and school district unless written agreement states otherwise

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Union Dues Deductions

Employer must commence making dues deductions

as soon as practicable, but in no event later than 30 days after receiving proof of a signed dues deduction authorization card.

– The dues must be transmitted to the union within 30 days

f the deduction.
Dues deduction remains effective until employee

revokes membership in union pursuant to terms in authorization or no longer employed by public employer

Union Membership

Union right to meet with new employees within 30

days of employment or promotion/transfer to new bargaining unit

Union cannot be found to have interfered, restrained
r coerced employees when it limits representation

– Not required to represent non-member during questioning, in proceedings to enforce rights, or in any grievance, arbitration etc., where non-member can proceed without union and secure own counsel

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Notable extensions of current law

The availability of aid for the installation of metal detectors,

security cameras and other security devices to enhance the safety of students and staff is extended through July 1, 2023.

Conditional and emergency conditional appointments while

awaiting fingerprint clearance extended through July 1, 2019.

The prohibition that standardized test scores may not be

included in a student’s permanent record was extended through December 31, 2019.

BILLS THAT PASSED BOTH HOUSES AWAITING ACTION BY THE GOVERNOR

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Administrative Tenure S.6090-A

Provides that an individual who has been

previously tenured as an administrator in New York and who was not dismissed from such position as a result of disciplinary charges shall be appointed for a shortened probationary period of 3 years when serving in a new administrative position

BOCES Sup’t Salary Cap A.2112-A

The cap would be the lesser of 98% of the

salary earned by the commissioner of education in the 2018-19 school year or 6%

ver the salary cap applicable in the preceding

school year.

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Child Abuse in Educational Setting A.8485-B

Amendments would broaden the coverage of the law to

include NYC, other state supported schools and non public schools

Employee- include any person receiving compensation

from a school and a person whose duties involve direct student contact pursuant to a transportation contract

Volunteer- include any person who has direct contact

with students and provides services to a school or provides services to a person/entity that contracts with a school

Child Abuse Educational Setting

Educational setting be defined to include

vehicles provided directly or by contract for transportation of students

Expanded list of employees required to report

– PTs, OTs, speech-language pathologists, teacher aides and school resource officers

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Child Abuse Educational Setting

Expanded training required for employees

– Physical and behavioral indicators of child abuse – Social Services Law requirements for reporting abuse

Training required for contracted bus drivers

– 2 hours regarding identification and reporting of child abuse and maltreatment

Civil Service Law S.8973

Bill would extend the protection of a due

process hearing pursuant to Civil Service Law § 75, prior to disciplinary action, to members of the labor class who have completed five years

f continuous service.

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PINS/Educational Neglect Proceedings A.7557

Amendments provide for greater school involvement

if a person/entity other than the school commences a PINS proceeding

– Diversion agency must review steps district took to improve attendance or misconduct and must notify district

f conferences so educators may provide assistance

– Family court have authority to notify district and give it

pportunity to be heard at any stage of proceedings if

would aid in resolution of education allegations

PINS/Educational Neglect Proceedings A.7557

Definition of neglected child will require proof of

parental failure to provide educational services

– Makes failure to resolve educational problems through diversion a prerequisite to filing a neglect petition

Neglect petition must include efforts undertaken by

the petitioner and district to remediate alleged failure to provide education and grounds for concluding allegations could not be resolved absent filing petition

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Notice of Charges of Sex Offense

A.8382 would amend the law to require

district attorneys to notify school administrators whenever charges of a sex

ffense, which requires registration as sex
ffender, are filed against a person known to

be a school employee.

Person in Parental Relation A.7905

Amends the General Obligations Law

provisions (§ 5-1551-1552) with respect to the power of a parent to designate a person in parental relation to his or her child to extend the period of time such designation is effective from 6 months to 12 months.

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Property Tax Cap S.7730

This bill would exclude a component school

district’s share of BOCES capital expenditures for capital projects approved by the voters of component districts from the calculation of a school district’s tax levy limit.

School Bus Drivers A.208-E

Pre-employment drug and alcohol testing of bus

drivers would be mandated

– Testing in accordance with federal regulations

All bus drivers would be included in pool for random

tests

– Expansion from federal regulatory requirements

Drivers may not consume drugs or alcohol within 8

hours before reporting to work

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School Crossing Guards A.2954-B

A school district may enter into an agreement

with a municipality to pay for all or a portion

f the salaries of school crossing guards

– Cannot enter such agreements unless it results in an increase in the number of crossing guards employed – The guards remain employees of municipality

NEW REGULATIONS

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Transitional H Pathway

NY licensed CPAs with at least 3 years experience

auditing school districts, BOCES and other municipalities may use this pathway to become certified as a school district business leader (SDBL)

– Must be enrolled in SDBL certification program leading to professional certificate – Commitment of employment for at least 3 years from a school district or BOCES

DASA

The following types of incidents where the basis for the

complained of action was a DASA protected characteristic will require an investigation under DASA if reported:

– Denial of access to school facilities, functions, opportunities or programs, including but not limited to, restrooms, changing rooms, locker rooms and/or field trips. – Application of a dress code, specific grooming or appearance standards. – The use of name(s) and pronoun(s) or the pronunciation of name(s). – Any other form of harassment, bullying and/or discrimination.

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Medical Marihuana

DOH amended regulations to allow an entity to be

designated by a certified patient to be a “designated caregiver”

– Designated caregivers who hold a registry card can lawfully possess, acquire, deliver, transfer, transport and/or administer medical marihuana

If a school is designated it is not required to apply for

a registry card

Minimum Instructional Hours

Instructional time= time students receiving

instruction, engaged in supervised study activities

– Does not include lunch or recess – Unscheduled delays or early releases of 2 hours or less will not affect total # of instructional hours for that day

Instructional hours added to aid in flexibility

– Half day kindergarten: 450 hours – Full day K and grades 1-6: 900 hours – Grades 7-12: 990 hours

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Computer Science Tenure Area & Certification

The Regents added computer science as a special

subject tenure area and adopted criteria for teacher certification in computer science

– Appointments to computer science tenure area will be required beginning Sept. 1, 2022 – Individuals currently teaching computer science can remain in present tenure area and continue to accrue seniority or give knowing consent to change tenure area as of Sept. 1, 2022

Computer Science Tenure Area & Certification

Statement of continued eligibility

– Teachers who taught computer science in the 5 years preceding Sept. 1, 2022 may apply for a statement of continued eligibility – Teacher will not be required to have certification in computer science in order to teach that subject – Be valid for 10 years and is only valid for service in the school district or BOCES where the teacher was employed when applied for the statement

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Teacher Mentoring

Amendments provide that teachers hired with