7/20/2018 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 1
7/20/2018 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 of 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. 2
7/20/2018 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 3
7/20/2018 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 office of children and family services. 4
7/20/2018 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 5
7/20/2018 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 of 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 or 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 6
7/20/2018 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 7
7/20/2018 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% over the salary cap applicable in the preceding school year. 8
7/20/2018 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 9
7/20/2018 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 of continuous service. 10
7/20/2018 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 of conferences so educators may provide assistance – Family court have authority to notify district and give it opportunity 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 11
7/20/2018 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 offense, which requires registration as sex offender, 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. 12
7/20/2018 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 13
7/20/2018 School Crossing Guards A.2954-B • A school district may enter into an agreement with a municipality to pay for all or a portion of 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 14
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