The N EW Y ORK S TATE S CHOOL B OARDS A SSOCIATION presents Legal Update New Laws and Regulations Kimberly A. Fanniff BOCES • Chapter 61 repeals prior process relating to filling BOCES vacancy • Vacancy may be filled by appointment at any time • Appointee shall hold office only until the next regular election of the BOCES board. Charter Schools • Window of 1 year for charter schools to apply to change chartering entity • SUNY Trustees Charter School Committee empowered to promulgate regulations for charter schools under their auspices 1
Minimum Wage • State is divided into three regions (1) New York City (2) Downstate (comprised of Nassau, Suffolk and Westchester Counties), and (3) remainder of the state. • Each region has a different hourly rate and there are annual increases built in over a number of years. • Beginning January 1, 2019 the Division of Budget conducts annual analysis of economic conditions to assist Department of Labor in determining if temporary suspension or delay in implementation necessary. STAR Credit • Transition STAR from state funded exemption to a personal income tax credit • Credit equal to the lesser of STAR tax savings applicable to primary residence or taxpayer’s qualifying taxes – Option for advance payment • Enhanced STAR- if previously received basic STAR when qualify for Enhanced STAR may apply for exemption as opposed to credit School Safety • Significant amendments to requirements for school district safety plans – Procedures to respond to implied or direct threats by student of self harm/suicide including parent notification – Annually certify staff received training including components on school violence prevention and mental health – Designate chief emergency officer • Building level plans completely confidential • Revised conduct of emergency drills- 12 drills (8 evacuation drills & 4 lockdown drills) 2
State Aid • GEA permanently eliminated • Community Schools- Foundation Aid set- aside • Deadline for approval of APPR plans compliant with sec. 3012-d pushed back to December 31 – no loss of aid increase if plan approved by 12/31 Bills That Have Passed Both Houses – Not Yet Delivered to the Governor Financial Reporting S.5795 • Amends property tax report card to include schedule of reserve funds • Financial information required to be posted to website – annual external audit and any corrective action plan developed as a result – any final audit report of state comptroller – Final annual budget and any multi-year financial plan adopted by board 3
FOIL S.6865-A • Expedite appeals of judicial decisions rendered regarding FOIL • Preference granted by appeals court for review of any decisions ordering disclosure of documents • Must file record and brief in 60 days or appeal deemed abandoned Health Insurance A.9715 • Prohibits the state civil service commission from impeding rights of employers participating in NYSHIP to adopt practices or include in CBAs health insurance buyouts if spouse also participates in NYSHIP plan. Health Insurance S.2448-A • Requires retirees of school districts and other municipalities be given 90 days notice of any change to health insurance coverage or at time CBA signed if entitled to insurance through CBA 4
Lead Testing A.10740 • Districts & BOCES mandated to test water supply for lead contamination • If contamination found must supply safe potable water and provide written notification to parents • Post all testing results and any required remediation plans on website • State aid available for testing and remediation actions (remedial measures must be carried out prior to July 1, 2019 to qualify for aid) Open Meetings A.6959 • Electronically transmit notice of meetings to the media • If live stream a meeting must include web address in notice of meeting Phys. Ed. Reporting S.3344-B • Commissioner must create procedure whereby districts report compliance with physical education mandates – Report on facility capacity, staffing issues, if do not provide class time for physical education explain why, etc. • Commissioner create report by July 1, 2017 with recommendations to ensure all schools in compliance 5
Mental Health Education A.3387 • Health education programs would be required to include a component regarding mental health – relation between physical and mental health so as to enhance student understanding, attitudes and behaviors that promote human dignity Tax Exemptions • S. 4842-A would expand the definition of veteran for purposes of the alternative veteran’s exemption to veterans who served during Operation Graphic Hand. • A.3379-A would allow school districts to grant tax exemption to veterans of the Cold War. Federal Overtime Rule • The amendments raised the salary level white collar and highly compensated employees must earn in order to be considered exempt from overtime provisions. – White collar exemption $913/week ($47,476 annually) – Highly compensated exemption $134,004 annually 6
State Regulatory Amendments APPR • Transition Period 2015-16 through 2018- 19 school years – State provided growth score advisory only – Transition composite score be used for tenure determinations, if improvement plan needed • Hardship Waiver Independent Evaluators – Rural schools – Other schools Continuing Teacher and Leader Education and Registration • Initial registration – Register with SED in birth month beginning July 2016 and in birth month every 5 th year thereafter • Continuing education requirements – 100 clock hours of acceptable continuing education (CTLE) • Conditional registration – If fail to complete CTLE may be conditionally registered under certain conditions • Registration renewal – Failure to comply with CTLE cannot continue practicing 7
Graduation Requirements • Career Development and Occupational Studies Pathway • Local Diploma Option based upon Superintendent Determination • High School Equivalency Diplomas/Programs – Effective 9/1/16 students may receive an equivalency diploma if they have successfully completed the National External Diploma Program. Seal of Biliteracy • To participate in program districts must establish a Seal of Biliteracy Committee with the required personnel. – Committee creates plan of implementation – Apply to commissioner for approval • Students participating in the program must earn a Regents Diploma. Additionally, to be awarded the biliteracy seal the students must meet other requirements for demonstration of proficiency in English and a world language. 8
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