School Law, 33rd Edition with CD-ROM and Web (Non-members)

Preface

Acknowledgment

General Information and Abbreviations

Introduction
New Statutory and Regulatory Law
State Statutes
State Statutory Changes Awaiting Action by the Governor
The Board of Regents and State Regulations
Federal Statutes
Federal Regulations
New Case Law

1. Structure of the New York State School System
Legal Framework
The New York State Board of Regents
The New York State Education Department
The Commissioner of Education
Local School Districts
The Parent--Teacher Association

2. School Boards and School District Officers
Board Composition
School Board Member Qualifications
Incompatibility of Office
School Board Member Nominations
Election of School Board Members
School Board Organizational Meeting
Board Vacancies
Resignation and Removal of Board Members
School Board Powers and Duties
Ethics and Conflicts of Interest
School Board Policies
The School District's Officers
Shared Decision Making

3. School Board Meetings and School District Records
School Board Meetings
School District Records
Student Records

4. School Budget Development and Adoption
The School District Budget
School Budget Components and Attachments
School Budget Hearing
Voter Approval of School Budget
Fund Balances, Appropriations and Transfers
Contingency Budgets

5. Annual and Special School District Meetings
The Annual Meeting and Election
Special School District Meetings
Voter Propositions

6. Voting at School District Meetings
Qualifications of Voters
Voter Registration
Challenges to Voter Qualifications
The Voting Process
Absentee Ballots
Improper Advocacy
Electioneering

7. Boards of Cooperative Educational Services (BOCES)
BOCES Board Membership
Duties and Powers of a BOCES Board
BOCES Services
BOCES Annual Meeting
Adoption of the BOCES Budget

8. The District Superintendent

9. School Administrators
Superintendent of Schools
Principals

10. Teachers -- Employment Qualifications and Certification Requirements
Teacher Employment Qualifications
Certification Requirements
Certification Revocation and Suspension
Coaching and Athletic Trainer Certification Requirements

11. Teacher Rights and Responsibilities
Tenure Rights and Tenure Areas
Probationary Appointments and the Granting of Tenure
Seniority Rights
Abolition of Positions and Excessing
Professional Development
Performance Evaluation
Teachers' Compensation and Benefits
Other Teacher Rights and Responsibilities

12. Discipline and Termination of Tenured Teachers and Administrators
Overview
The Filing of Charges
Hearing Officers
Conducting a 3020-a Hearing
Appeals Suspensions While Charges are Pending

13. Non-instructional Employees
The Civil Service
The Classified Service
The Competitive Class
Compensation and Leave Entitlements
Termination and Discipline of Non-instructional Employees
Abolition of Non-instructional Positions
Security Guards

14. Fingerprinting Requirements

15. Employee Contractual Relations
Contracts of Employment
The Taylor Law
Employee Representation under the Taylor Law
Managerial and Confidential Employees
The Collective Bargaining Process
Improper Practices
Grievances

16. Employee Statutory Leave Rights
Family and Medical Leave Act
Military Service Leave -- USERRA
Military Service Leave -- New York State Law
Other Statutory Leave Rights

17. Employee Constitutional Rights
Free Speech
Search and Seizure

18. Retirement
Overview of Public Retirement Systems
Teachers' Retirement System
Employees' Retirement System
Social Security

19. Students --School Attendance
Compulsory Attendance Rules
Student Absences
School Assignments
Student Residency
Homeless Students
Home Instruction
Homebound Instruction

20. Students -- Health and Welfare
School Health Services
Health Examinations
Immunizations
Communicable Diseases
Medication, Drug Testing, and Other Safety Precautions
Student Employment
School Food Service Programs

21. Students -- Safety
Release of Students from School
Missing Children
Abused and Maltreated Children
Child Abuse in an Educational Setting
Sex Offender Registration Act ("Megan's Law")

22. Student Constitutional Rights
Free Speech
Search and Seizure
Other

23. Student Discipline
Codes of Conduct
Disciplinary Penalties
Classroom Removals and School Suspensions
Classroom Removal Procedures
Short-Term Suspension Procedures
Long-Term Suspension Procedures
Student Disciplinary Hearings
Gun-Free Schools Act

24. Students with Disabilities
Applicable Laws and Basic Definitions
School District Responsibilities
The Committee on Special Education
Parental Consent
Parental Challenges
Tuition Reimbursement
Disciplining Students with Disabilities
Private School Children with Disabilities
Preschool Children with Disabilities

25. Instruction and Curricula
Instructional Time Requirements
Instructional Program Requirements Prekindergarten -- Grade 8
Instructional Program/Diploma Requirements Grades 9 -- 12
State Learning Standards and Academic Intervention Services
Curriculum
Required State Assessments
School Report Cards
Student Report Cards and Progress Reports
School and District Accountability
Contracts for Excellence
Instructional Materials and Resources

26. School District Reorganization
Reorganization Procedures
Impact of Reorganization

27. School Buildings, Grounds and Equipment
Acquisition and Disposal of School Property
Construction and Renovation of Facilities
Closing of School Buildings
Use of Public School Buildings and Grounds
Display of Flag on School Grounds
Conduct on School Property Parking and Traffic Rules
Commercialism in the Public Schools

28. School Building Safety
Emergency Management
Building Structure Safety
Workplace Safety
Hazardous Materials and Toxic Substances
Radon
Lead
Indoor Air Quality
Asbestos
Mercury
Deodorizers
Green Cleaning Products

29. School District Liability
Negligence
Section 1983 Liability
Employment Discrimination
Sexual Harassment

30. Defense and Indemnification

31. Insurance
In General
Workers' Compensation Insurance
Unemployment Insurance

32. Fiscal Management
Overview of Legal Framework
Cash Management
Gifts
Reserve Funds
Purchasing of Materials and Services
Competitive Bidding
Borrowing

33. Assessment and Collection of Taxes
Assessment
Tax Certiorari Proceedings
Tax Exemptions -- General
State School Tax Relief Program (STAR) Exemption
Determining the Tax Rate
Tax Collection
Industrial Development Agencies

34. State Aid
Calculation and Distribution of State Aid

35. Transportation
Distance Limitations
Bus Routes and Pick-up Points
School Buses
School Bus Safety
School Bus Drivers
School Bus Monitors and Attendants
Purchase and Lease of School Buses and Transportation Contracts
State Aid for Transportation
Transportation for Nonpublic School Students

36. Religion and Public Education
Prayer and Moments of Silence
Student Religious Groups
Teaching of Religion
Religious Observances
Religious Symbols
Vouchers

37. Nonpublic Schools
Nonpublic Schools
Services for Nonpublic School Students

38. Charter Schools
Formation of Charter Schools
Operation of Charter Schools
Student Admissions and Enrollment
Academic Program and Services
Charter School Funding
Charter School Personnel

Index