As an additional service to our members, we have secured the cooperation
of several prominent legal firms with expertise in educational law.
Under our "Legal Briefs for Superintendents" this year, each law firm
has consented to provide general information on pertinent legal topics
for your reference. They have also consented to provide responses
through e-mail to questions that you may have as the need arises. It is
the hope of the Board of Directors that this additional resource will be
helpful to you as one more crosscheck on critical matters from an
informed source.

Our first guest attorney is Eugene R. Barnosky, Esq. of Lamb & Barnosky,
LLP. He may be contacted at erb@lambbarnosky.com. Visit the law firm's Web site at www.lambbarnosky.com.

FISCAL RESPONSIBILITIES OF SCHOOL OFFICIALS
During the past several years, local governments have been plagued with financial scandals. Municipalities, especially school districts here on Long Island, are now the subject of ever increasing scrutiny by the comptroller, law enforcement, the public and the media.
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LEGAL REQUIREMENTS FOR IMMUNIZATION OF STUDENTS
The statute that requires school officials to ensure that students are properly immunized and sets forth the exceptions to this immunization requirement is Public Health Law § 2164, which provides as follows...
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LEGAL REQUIREMENTS oF SIGNATURES ON
SCHOOL DISTRICT CHECKS & THE LAW REGUARDING
THE AUTORIZATION OF FACSIMILE SIGNATURES
Under current law, only the signature of the treasure is necessary for all school district checks N.Y. EDUCATION LAW # 1720(2). However, the law does permit the Board of Education to require two signatures on most checks, with the exception of salary checks.
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RECENT DECISION ON HEALTH INSURANCE BENEFITS
TO SCHOOL DISTRICT RETIREES
In addition to providing its retirees the same health insurance benefits provided to its current employees, the Chenango Forks Central School District (the "District") was reimbursing retirees for the cost of Medicare Part B premiums. In late June 2003, the District notified the retirees that in would no longer provide the Part B reimbursement.
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RESPONSIBILITIES REGUARDING PARENTAL NOTIFICATIONS
As you begin preparing your calendar for the 2004/2005 school year, please be aware of the following responsibilities with regard to parental notifications.
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NYS SCHOOL BOARDS ASSOCIATION CONVENTION PRESENTATION
Eugene Barnosky, our guest legal counsel, recently presented at the New York State School Boards Association Convention in Rochester. You can download a PDF copy of his presentation by using the link below.
> Download PDF

HOMELESS CHILDREN AND YOUTH
In preparation for the beginning of the school year, we believe that it might be helpful to review the District's responsibility with regard to homeless children and youth. Guidance issued within the last several months by the federal government expands school district responsibility under the McKinney-Vento Homeless Education Assistance Act (the "Act") as amended by the No Child Left Behind Act of 2001 (the "NCLB").
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FLSA REGULATIONS
Due to the recent increase of class action lawsuits involving the Fair Labor Standards Act (FLSA), we are urging our School District clients to review the following information to insure compliance.
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THE CAMPAIGN FOR FISCAL EQUITY ("CFE") CASE
AND ITS IMPACT ON SUFFOLK COUNTY DISTRICTS
On June 26, 2003, the Court of Appeals, New York State's highest Court, declared unconstitutional the system of funding public education in New York City. Although this landmark decision was limited to New York City, the ruling will have wide-ranging implications to Districts throughout the State. The Court declined to order a specific remedy, but rather gave the State and City until July 30, 2004 to come up with a plan to provide "a sound basic education" to New York City schoolchildren.
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