2003-2007 News

Manner of Achieving Goal of Racial Diversity Limited by High Court: Jul-03-2007
Supreme Court Upholds Student Discipline in Latest "Free Speech" Case: Jul-03-2007
New York Enacts False Claims Act: New Remedies for Recovery of Fraudulent Payments: Jun-29-2007
Boards of education do not have immunity from age discrimination suits under the Eleventh Amendment: Oct-19-2006 — The United States Court of Appeals for the Second Circuit has just held that a local school board can be sued under the Age Discrimination in Employment Act of 1967.
Governor vetoes bill that would have shifted the burden of proof in special education hearings back on school districts: Jul-28-2006 — The Supreme Court ruled the IDEA places the burden of proof in special education hearings on the party seeking relief. Prior to the Schaffer decision in New York, the burden of proof was on the school district.
John J. Christopher elected to NYS Association of School Attorneys board of directors: Jun-23-2006 — BUFFALO - The organization provides support to the NYS Association of School Boards and educational opportunities for attorneys who represent school boards and school districts across the state.
School districts may seek reimbursement for attorney fees when defending against frivolous or harassing legal actions: Jun-12-2006 — The U.S. District Court for the Western District of New York recently issued a decision that will provide a basis for school districts to seek reimbursement for its attorney fees when forced to defend a legal action deemed to be frivolous or harassing.
John J. Christopher elected to United Way Emerging Leaders Society advisory board: Mar-07-2006 — BUFFALO - The ELS provides educational and networking opportunities for leadership donors under 45, including board leadership training and other workshops.
Important OCR decision regarding disciplining Section 504 students: Feb-24-2006 — Based on OCR’s recent letter of finding, we now know that the manifestation determination requirement applies to Section 504 students.
U.S Supreme Court Settles Burden of Persuasion Issue for IDEA Hearings: Dec-15-2005 — In deciding Schaffer, the court determined that the traditional burden of persuasion in litigation matters were applicable to administrative hearings brought under the Individuals with Disabilities Education Act (IDEA).
Decision by the State Review Officer: Apr-29-2005 — In a decision that will have statewide ramifications, the State Review Officer clarified the standard to determine whether the actions of a school district constitute a change in placement, thus triggering certain procedural requirements under the IDEA.
Protecting district computers from student hackers: Apr-19-2005 — School district administrators and IT staff are not amused by some of the hi-tech hijinks of modern middle and high school students who fin it challenging to hack district computers.
School Board Candidate Reporting Requirements: Apr-15-2005 — We have received a number of inquiries from school board members about recent changes in the Education Law regarding candidates’ reporting requirements, and simply wanted to remind all board members of several significant changes.
Special Education Due Process Hearings: Aug-27-2004 — N.Y. State Supreme Court Justice rules that an Impartial Hearing Officer has NO authority to take jurisdiction over a new parental hearing request unless he has been appointed under the Education Law’s rotational selection and appointment procedures.
“Compelled Self-Publication Defamation” - a Potential New Cause of Action: Aug-04-2004 — The courts have been far from unanimous in accepting “compelled self-publication defamation” as a cause of action. There have been some developments, however, that present good reason for a heightened concern on the part of New York school districts.
Playgrounds Constructed with Arsenic-Treated Wood: Sep-26-2003 — The New York Coalition for Alternatives to Pesticides is reported to have found significantly elevated levels of arsenic in samples of play equipment and soils at three Buffalo-area playgrounds.
Federal Court Holds no Private Right of Action for Violations of No Child Left Behind Act: Jul-14-2003 — A group of parents and students tried to formulate a class action lawsuit against the New York City, Albany, Hempstead and Buffalo School Districts, as well as their Superintendents, for violations of the NCLBA.
U.S. Department of Labor Proposes to Modernize Regulations Defining Exemptions from Fair Labor Standards Act: Apr-07-2003 — The U.S. Department of Labor has published a proposal to modernize regulations defining exemptions from the Fair Labor Standards Act for "white-collar" employees. Written comments concerning such proposal must be made on or before June 30, 2003.
Southern States are the Target of Wage and Hour Claims: Feb-07-2003 — In the past year, plaintiffs attorneys have taken advantage of poor, misleading or non-existent wage records of numerous school districts. Lawsuits have been filed against 97 of Mississippi's 152 school boards.
New York Prohibits Discrimination Against Employees for Displaying the American Flag: Jan-07-2003 — The New York State Legislature recently enacted Labor Law §215-c, which prohibits discrimination against employees who display the American flag on their person or at their workstation.
Amendment to the New York Human Rights Law Expands Coverage to Prohibit Discrimination On the Basis of Sexual Orientation: Jan-02-2003 — On Tuesday, December 17, 2002 Governor Pataki signed a bill into law amending the Human Rights Laws, the Civil Rights Law and the Education law to expressly prohibit discrimination on the basis of sexual orientation.

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