Part Two objectives 0006–0008 · and 103’s governance strand

Law, finance and operations, at district scale.

Governance and the board, the budget and the tax cap, internal controls and the audit function, personnel law, compliance, facilities — and the case law a superintendent is expected to state correctly. Every claim carries its authority, and the errors circulating in SDL study files are called out by name.

Why this page is the priority Part Two Subarea II — objectives 0006 (district-level operational management), 0007 (district financial and facilities management) and 0008 (supervising compliance with federal, state and local mandates) — carries 23 selected-response items plus the short written assignment. Part One objective 0001 adds the “professional and political environment of district leadership in New York State.”

How to use this page

A reference, not a reading assignment. Read the headings and the bold lead of each bullet; anything you cannot restate in a sentence is a study target. Most gaps are in finance mechanics and the personnel statutes, not the case law.

The honesty rule this page runs on Every hard claim carries its authority. Where a figure is statutory and has been amended it is marked confirm current rather than asserted. A wrong section number in a written response is worse than no citation — name the mechanism and skip the number if unsure. The Application of Content criterion rewards naming the actual mechanism: “a 60 percent supermajority,” “the claims auditor,” “a manifestation determination.” Nothing here is legal advice; district counsel and the current Commissioner’s Regulations govern.

Governance: Regents, Commissioner, 8 NYCRR

Authority: N.Y. Const. art. XI; Education Law §§201–207, §§101, 305, 306; Title 8 NYCRR.

The board of education and the superintendent

FunctionBoardSuperintendent
Legal natureA corporate body acting only at a properly convened meeting; an individual member has no authority aloneChief executive officer of the district and its educational system
Core powersAdopt policy · adopt the proposed budget · appoint and evaluate the superintendent · appoint staff on the superintendent’s recommendation · grant tenure · approve contracts · adopt the code of conduct and safety planRecommend appointments, transfers and tenure · enforce all law and regulation · supervise principals and central staff · prepare the budget · report to the board
At meetingsVotesMay speak on all matters; does not vote
TrainingEach new member completes at least six hours of training in financial oversight, accountability and fiduciary responsibility within the first year of the termArranges it, usually through BOCES or NYSSBA
Policy vs. administration — the exam’s favorite trap When a board member calls about a personnel complaint, a bus route or a hiring preference: hear it, redirect the individual concern to the administrative channel that owns it, and put any genuine policy question before the full board. Options that have the superintendent quietly accommodating one member are distractors — so are options that publicly embarrass the member.

District types: common · union free · central · central high school · city — including the Big 5 (New York City, Buffalo, Rochester, Syracuse, Yonkers), fiscally dependent on their municipalities with no separate budget vote. Types are governed by different statutory sections, so a section right for a central district can be wrong for a city district; NYC runs under Education Law Article 52-A.

Authority: Education Law §1709 (§1804 for central districts), §1711, §2102-a; §§2503, 2554; Art. 52-A.

District superintendents, BOCES, §310 appeals

BOCES — Ed. Law Article 40

  • A shared-services entity: CTE, special education, itinerant services, professional development, data and technology (RIC), cooperative purchasing, administrative services.
  • The district superintendent is both chief executive of the BOCES and the Commissioner’s field representative — which is why they can act for the Commissioner in certain matters.
  • Services must be cooperative in nature and Commissioner-approved to earn BOCES aid, paid on prior-year expense at the district’s aid ratio — the reason a service is often cheaper through BOCES.
  • The Big 5 are not eligible. BOCES has no taxing authority; component boards vote its administrative budget and BOCES bills them.

§310 appeals

  • Any person aggrieved by an official act of a school officer or board may appeal — administrative, no fee, no lawyer required.
  • Filed within 30 days of the act complained of (8 NYCRR Part 275); delay excusable for good cause.
  • Typical subjects: residency, student discipline, board elections and budget votes, transportation, board member conduct.
  • The petitioner bears the burden; decided on the papers. Decisions are final, reviewable only by CPLR Article 78 on an arbitrary-and-capricious standard.
  • Why you care: documented, noticed, policy-consistent process usually wins; ad hoc process usually loses even when the decision was right.

Authority: Education Law §1950 et seq., §310; 8 NYCRR Parts 275–277; CPLR Art. 78.

Open Meetings Law, executive session, FOIL

Two Public Officers Law statutes, routinely confused. Open Meetings governs meetings; FOIL governs records. A topic can be discussable in executive session and still be a disclosable record.

The eight permissible executive-session subjects (§105(1))District example
Matters that would imperil public safety if disclosedA building security vulnerability
Identity of a law enforcement agent or informerAn investigation source
Current or future criminal investigation or prosecution where disclosure would imperil law enforcementAn active theft investigation
Proposed, pending or current litigationA pending due process hearing — “legal issues” generally is not enough
Collective negotiations under Civil Service Law Art. 14Bargaining strategy and cost-out
Medical, financial, credit or employment history of a particular person, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular personA tenure recommendation. Note particular — “personnel” as a heading is not a lawful basis
Preparation, grading or administration of examinationsTest security
Proposed acquisition, sale or lease of real property or securities, where publicity would affect valueNegotiating a parcel near the bus garage

Student-specific matters stay out of public session on FERPA grounds, not under §105 — know which authority you are invoking.

FOIL — POL Article 6

Authority: Public Officers Law §§100–111 and §§84–90; Committee on Open Government. confirm current POL §103-a (remote participation) has been amended repeatedly since 2022.

Conflicts of interest and the Code of Ethics

GML §§800–806

  • §800 — deemed interests: an officer holds the interest of a spouse, minor child, dependent, a firm they belong to or work for, and a corporation they serve as officer, director or employee or control by stock.
  • §801 — the prohibition: no interest in a district contract where the officer may negotiate, prepare, authorize or approve it, authorize payment, audit claims, or appoint someone who does. The test is whether the office touches the contract, not whether the person benefits.
  • §802 — exceptions are narrow (including award to the lowest responsible bidder after public advertisement). Read them; do not assume them.
  • §803 — disclose any interest in writing, entered in the official record. §804 — a prohibited contract is void. §805 — wilful violation is a misdemeanor.
  • §805-a: no gift of $75 or more suggesting influence; no use of confidential information for private gain; no compensation for services on a matter before the board; no contingent fees.
  • §806: every district must adopt, distribute and post a code of ethics.

NYS Code of Ethics for Educators

Adopted by the Regents in 2002. It is aspirational — not a disciplinary code and not a basis for revocation. Objective 103-0001 names it, so know the six principles.

  1. Nurture the intellectual, physical, emotional, social and civic potential of each student.
  2. Create and maintain challenging learning environments for all.
  3. Commit to their own learning to develop their practice.
  4. Collaborate with colleagues and other professionals for student learning.
  5. Collaborate with parents and community, building trust and respecting confidentiality.
  6. Advance the intellectual and ethical foundation of the learning community.

The disciplinary counterpart is different: revocation and moral-character proceedings run under 8 NYCRR Part 83. Do not cite the Code of Ethics when the question is about Part 83.

The scenario this always appears as A board member steers business to a friend; a vendor offers tickets; a principal wants to hire a cousin. The chain: disclose in writing on the recordrecuse from negotiation, approval and auditrun the procurement under the GML §104-b policy or competitive biddingdocument. A relative is not barred from bidding — only from a process an interested officer participates in.

Authority: General Municipal Law §§800–806, §805-a; 8 NYCRR Part 83; NYS Code of Ethics for Educators (Regents, 2002).

The budget cycle and the annual vote

Outside the Big 5 the budget is a ballot proposition, and the statutory sequence is testable.

MilestoneRequirementCite
Levy limit filingFile the calculated tax levy limit with the State Comptroller, the Commissioner and Taxation and Finance by March 1§2023-a
Property Tax Report CardTo NYSED, appended to public copies of the proposed budget, no later than 24 days before the vote§1716
Budget statementAvailable on request from 7 days before the hearing§1716
Budget hearingNot less than 7 nor more than 14 days before the vote§§1608, 1716, 2022
Budget noticeMailed to all qualified voters after the hearing, no later than 6 days before the vote; compares spending and levy to the prior year and to the levy limit, and states whether a 60% supermajority is required§2022(2-a)
The voteThird Tuesday in May. The Commissioner may certify a move to the second Tuesday where the third conflicts with a religious observance§2022(1)
Re-voteResubmit once, on the third Tuesday in June§2007
ContingencyFailing twice — or not resubmitting — the board must adopt a contingency budget, effective July 1§2023
Correcting the circulating finance deck The shared School Finance Concepts deck lists “April 15 — BOE adopts both Proposed Budget and Contingency Budget.” That is not the statutory sequence, and the deck predates the 2011 tax cap. Current law keys off the hearing, the notice, the Property Tax Report Card and the March 1 levy-limit filing — and contingency is adopted after a defeat.

Structures and vocabulary

  • Three-part budget (required ballot presentation): Administrative · Program · Capital. The administrative share is politically loaded and capped under contingency.
  • Five-part expenditure classification: General Support · Instruction · Transportation · Community Services · Undistributed (benefits, debt service).
  • Zero-based vs. incremental/rollover vs. program budgeting.
  • Balanced by law: appropriations may not exceed estimated revenues plus appropriated fund balance.
  • Tax rate = levy ÷ assessed valuation × 100. True (full) value = assessed value ÷ equalization rate. A district in several towns grosses up with equalization rates and apportions the levy.
  • A budget increase and a tax increase are not the same thing.
  • Tax certiorari — an assessment challenge requiring refunds if successful. TANs and RANs are cash-flow instruments, not project financing.

Stakeholder work the exam rewards

  • Start with goals and data, not dollars — a budget framed as strategic priorities survives.
  • Use an advisory budget committee (staff, parents, community, business), transparent about what is on the table.
  • Publish trade-offs, not totals: what half a point of levy buys and costs, in programs and positions.
  • Segment: the board needs multi-year projections and risk; staff need staffing implications; the community needs tax impact on a representative home and the cap calculation in plain language.
  • Model three years out — single-year budgeting is the failure mode objective 103-0006 tests.
  • Never advocate a “yes” vote with district resources. Factual information is permitted; public funds may not fund partisan advocacy.

Authority: Education Law §1716, §2022, §2007, §2023, §2023-a.

The tax levy limit and contingency budgets

The single largest gap in older SDL prep material. The cap took effect with 2012–13.

How the levy limit works

  • Chapter 97 of the Laws of 2011 created Education Law §2023-a (GML §3-c for municipalities); made permanent in 2019.
  • It limits the tax levy — total dollars raised — not the rate and not spending.
  • Allowable levy growth factor = the lesser of 2% or the annual CPI increase. confirm current Published annually; never quote a year’s figure from memory.
  • Not “last year plus 2%”: the formula runs through a tax base growth factor, PILOT adjustments and carryover of up to 1.5% of unused capacity, then the exclusions.
  • Statutory exclusions — leviable above the limit without a supermajority: the local share of capital expenditures net of building aid; pension contributions from a year-over-year rise in the system average actuarial contribution rate of more than two percentage points; and the levy for court orders and judgments in tort actions exceeding 5% of the prior levy.
  • Override: a levy above the limit requires 60% of votes cast, and the budget notice must say so.

Contingency under current law

  • The headline rule: a contingency budget may levy no more than the prior year’s levy — a 0% increase. This replaced the pre-2011 approach and is what older material misses.
  • The administrative component is capped, broadly at the lesser of the administrative portion of the last defeated budget or the administrative percentage of the prior adopted budget.
  • Spending is limited to ordinary contingent expenses: legal obligations, expenditures specifically authorized by statute, and those necessary to maintain the educational program, preserve property and assure health and safety.
  • Generally not contingent: most equipment, new capital work other than emergency repairs, non-essential maintenance, and free public use of facilities — community groups must be charged at least cost.
  • Contract salaries, debt service, student supplies, tuition and transportation obligations remain payable.
  • Consequence: the gap between proposal and contingency is now large and predictable. Model it and say publicly what a defeat costs — the line between informing and campaigning is what a written task tests.

Authority: Education Law §2023-a (Ch. 97, L. 2011; permanent 2019), §2023; NYSED and OSC publish the annual calculation forms.

State aid and Foundation Aid

Three revenue sources

  1. Real property tax — from assessed value; dominant in most districts.
  2. State aid — formula-driven, designed to equalize what can be spent per child across communities of different wealth.
  3. Other — federal aid, appropriated fund balance, tuition, interest, Medicaid, rentals.

The wealth dynamic: a low-wealth district depends more on state aid and raises less per point of tax effort. Two districts with identical tax rates can have very different per-pupil revenue — the equity argument in one sentence.

Equality (same dollars per pupil) · Equity (dollars adjusted so comparable outcomes are reachable) · Adequacy (enough to meet the standard). Foundation Aid rests on an adequacy logic.

Foundation Aid and expense-driven aids

  • Foundation Aid — the principal general operating aid, enacted 2007 after Campaign for Fiscal Equity v. State of New York. A foundation amount adjusted by a regional cost index and a pupil need index (poverty, English language learners, sparsity), less an expected local contribution based on income and property wealth.
  • Frozen for years, then fully phased in as of 2023–24; independently reviewed in 2024 with factors adjusted in later budgets. confirm current Never state a foundation amount, poverty measure, save-harmless rule or aid total from memory — use the NYSED State Aid Handbook and the year’s enacted budget runs.
  • Expense-driven aids reimburse a share of approved prior-year expenditure at a wealth-adjusted ratio: Transportation, Building, BOCES, Special Education High Cost / Private Excess Cost, and the instructional materials aids.
  • Why it matters: today’s spending generates later revenue at a known ratio — the arithmetic behind buy/lease/BOCES decisions, and behind treating reimbursement as if it were immediate or complete.
  • Combined wealth ratio — property plus income wealth per pupil against the state average; drives most aid ratios. Below 1.0 is below-average wealth.
  • STAR reduces the homeowner’s bill; the state makes the district whole. confirm current Homeowners purchasing after the 2016 change generally receive the STAR credit, not the exemption.

Authority: Education Law §3602; Campaign for Fiscal Equity, Inc. v. State of New York, 100 N.Y.2d 893 (2003); N.Y. Const. art. XI, §1; NYSED State Aid Handbook.

Fund balance and reserve funds

The number to know Unrestricted (unassigned) general fund balance is limited by Real Property Tax Law §1318(1) to 4% of the ensuing year’s budget; excess must reduce the levy. The most frequently cited finding in Comptroller audits of New York districts.
ReservePurposeEstablishment / useCite
CapitalCapital projects and equipmentVoter authorization to establish (purpose, maximum, probable term) and to expendEd. Law §3651
Tax certiorariJudgments and refunds from assessment challengesBoard action; unused amounts on a settled proceeding return to the general fund on a statutory scheduleEd. Law §3651(1-a)
RepairRepairs to capital improvements or equipmentBoard action; expenditure generally requires a public hearing except in emergencyGML §6-d
Workers’ compensationSelf-insured comp claimsBoard actionGML §6-j
Unemployment insuranceReimbursing the state fundBoard actionGML §6-m
InsuranceUninsured property loss and liabilityBoard action, with statutory limits on annual contributionGML §6-n
EBALRAccrued unused leave payable on separation — not ordinary benefit costsBoard actionGML §6-p
Retirement contributionERS contributions; a teachers’ retirement sub-fund was added in 2019 with its own capBoard action; annual report to the boardGML §6-r

Authority: Real Property Tax Law §1318; GML §§6-c–6-r; Education Law §3651; OSC, Reserve Funds (Local Government Management Guide).

Capital projects, bonds and building aid

The sequence

  1. Need established from the building condition survey, the five-year capital facilities plan, enrollment projections and program requirements.
  2. Voter approval — outside the Big 5, a proposition stating scope, maximum cost and financing.
  3. Commissioner’s approval of plans and specifications through the NYSED Office of Facilities Planning. No project may be bid or begun without it.
  4. Competitive bidding under GML §103, with Wicks Law separate specifications above the applicable threshold. confirm current Wicks thresholds vary by region.
  5. Financing — serial bonds under the Local Finance Law, usually preceded by bond anticipation notes.
  6. Building Aid reimburses a wealth-adjusted share of approved costs on an assumed amortization schedule; cost above the maximum cost allowance and ineligible scope are 100% local.

Failure modes & Smart Schools

  • Assuming aid on unapproved scope — change orders expanding scope without approval are local dollars.
  • Ignoring the capital levy exclusion — local capital debt sits outside the levy limit, which is why a capital proposition and the operating budget interact.
  • Treating the referendum as the communication plan — capital votes are won on a documented condition survey, public prioritization and clear tax impact per representative home.
  • Deferring maintenance converts an aidable capital expense into an unaidable emergency.

Smart Schools Bond Act. Approved by voters November 2014, authorizing $2 billion in general obligation bonds for classroom technology and connectivity, school-wide broadband and wireless, high-tech school safety, replacing transportable classroom units with permanent space, and pre-kindergarten classroom space. Districts draw against an allocation only with a Smart Schools Investment Plan approved by the Smart Schools Review Board (Director of the Budget, Commissioner, SUNY Chancellor). confirm current Check remaining allocation and current submission guidance.

Authority: Education Law §3602(6), §408; 8 NYCRR Part 155; Local Finance Law; GML §103; Smart Schools Bond Act of 2014.

Grants, categorical aid and the federal fiscal rules

RuleRequirementCite
Supplement, not supplantUnder ESSA a methodology test: the district shows the method used to allocate state and local funds gives each Title I school all it would receive if it were not Title I. It need not identify individual costs as supplementalESEA §1118(b)
ComparabilityState and local services in Title I schools must be at least comparable, taken as a whole — shown by a district-wide salary schedule and policies ensuring equivalence in staffing, materials and supplies. Salary differentials for years of experience are excluded, which is why the test can be met even where per-pupil spending differsESEA §1118(c)
Maintenance of effortCombined state and local spending (aggregate or per pupil) at least 90% of the second preceding year, or allocations are reducedESEA §8521
IDEA MOE & excess costSpecial education spending may not fall below the prior year except under allowable exceptions; Part B funds may be used only for the excess costs of educating students with disabilities34 C.F.R. §§300.202–.203
CEISUp to 15% of IDEA Part B may be used voluntarily for early intervening services; a district identified with significant disproportionality must reserve 15% for comprehensive CEIS and review its policies, practices and procedures34 C.F.R. §§300.226, .646
Uniform GuidanceFederal awards carry their own procurement, allowability, time-and-effort and property rules; where stricter than New York law, the stricter governs. Above the expenditure threshold a Single Audit is required2 C.F.R. Part 200
Schoolwide vs. targetedSchoolwide at 40% poverty (or by waiver) serves all students with a comprehensive needs assessment and schoolwide plan; targeted assistance serves only identified studentsESEA §§1114, 1115
Family engagementAn allocation over $500,000 reserves at least 1%, with at least 90% distributed to schools and families involved in deciding its useESEA §1116

Authority: ESEA as amended by ESSA, 20 U.S.C. §6301 et seq.; 34 C.F.R. Part 300; 2 C.F.R. Part 200; NYSED Consolidated Application.

Internal controls, audit, and what Roslyn taught

These objectives do not test accounting. They test whether you know how public money goes missing and which structural control would have stopped it. Frame every item as: name the missing control.

The four audit roles

  • Claims auditor — appointed by and reporting directly to the board. Audits each claim before payment: purchase order, authorization, receiving report, original invoice, clear description, and a finding that the expenditure is actual, necessary and reasonable. The treasurer may pay only against an approved warrant. May not be a board member, clerk, treasurer, superintendent, purchasing agent or their employee.
  • Internal auditorrisk assessment and controls testing, reporting to the board through the audit committee, not to the business office. confirm current Very small districts have a statutory exemption — verify the threshold.
  • Audit committee — board-appointed and advisory: helps select the external auditor, reviews the draft report and management letter with the auditor, receives internal audit reports and corrective action plans. Its power is giving the board a channel to the auditors that does not run through administration.
  • External independent auditor — a CPA firm selected by competitive RFP at least every five years, reporting to the board, issuing the audit and a management letter. The board adopts a corrective action plan within 90 days and files it with NYSED.

Segregation of duties

Purpose: timely detection of fraud and of innocent error. Rule: no single person performs a transaction beginning to end.

  • The same person cannot accept cash, record it, deposit it and reconcile the account.
  • The requestor cannot be the approver; a knowledgeable secondary approver above a stated threshold.
  • Bank statements reconciled monthly by someone with no cash receipt or disbursement duties.
  • System access limited to job function, reviewed on role change, revoked at separation; vendor master file changes logged and reviewed by someone who cannot cut checks.
  • Check stock and signature devices secured, with an independently reconciled sequential check log.
  • Payroll changes require a payroll action notice traceable to board approval — never verbal.
  • The board routinely reviews the treasurer’s cash report, budget and revenue status, fund balance projections and the warrant — and asks about variances.
  • Small districts still segregate: compensate with board-level review, rotation, mandatory vacations and independent reconciliation.
Roslyn — $11.2 million, and every line is a missing control Uncovered in 2004; the case New York school finance is taught from. (1) No segregation of duties — a principal account clerk had access to the signature plate. (2) The claims auditor was bypassed: the large personal expenditures ran on hand checks outside the normal process. (3) No warrants between claims auditor and treasurer. (4) No check log, so sequence gaps went undetected. (5) No IS security — vendor names changed after checks were issued. (6) No board oversight — the monthly budget status report went unreviewed and chronically over-budget accounts were not a red flag. (7) No cap on the superintendent’s budget transfer authority. (8) No travel policy limit; expense reports without backup. (9) Related-party consulting payments with nothing showing services rendered. (10) An external audit that caught none of it.
The legislative response The School District Accountability Act (Chapter 263 of the Laws of 2005) and the Comptroller’s five-point plan: (1) mandatory board member training in financial oversight; (2) an internal audit function; (3) an audit committee; (4) a competitive RFP for audit firms at least every five years; (5) stronger external audits with direct board involvement — plus annual audits of extraclassroom activity funds and required corrective action plans. Attribution: the plan belongs to Comptroller Alan Hevesi, who resigned in December 2006. Thomas P. DiNapoli has been State Comptroller since 2007. Decks naming Hevesi as sitting Comptroller are twenty years stale — the substance holds, the attribution does not.

Authority: Education Law §1709(20-a), §§2116-a, 2116-b, 2116-c; 8 NYCRR §170.12 and Part 172; Ch. 263, L. 2005; OSC Division of Local Government and School Accountability (osc.ny.gov).

Purchasing and competitive bidding

RuleRequirementCite
ThresholdsPurchase contracts above the statutory threshold and public works above a higher one must be publicly advertised and awarded to the lowest responsible bidder. confirm current Commonly cited as $20,000 and $35,000; statutory and amended over timeGML §103
AggregationApplies to the reasonably expected annual aggregate, not one order. Splitting to evade bidding is unlawfulGML §103
“Responsible”Capacity, integrity and past performance are a separate finding the board must support in the record; rejecting a low bidder requires documented reasonsGML §103
Best valueLimited authority to award certain purchase contracts on best value where objective, quantifiable criteria are set in advance. confirm current Verify applicability to districts and contract typeGML §103(1)
Professional servicesAuditors, attorneys, architects, engineers, brokers — not purchase contracts, not subject to bidding. They are subject to the §104-b policy, and an RFP with evaluated criteria is expected practiceGML §104-b
Procurement policyEvery district must adopt written policies for non-bid procurements, reviewed annually by the board, specifying when quotes or RFPs are requiredGML §104-b
ExceptionsTrue emergencies (documented, limited to need) · sole source · OGS state contract · certain cooperative and piggyback purchasing from contracts let to the lowest responsible bidder · surplus property from another governmentGML §§103, 104
Federal overlayFederally funded purchases satisfy both New York bidding law and the Uniform Guidance; where they conflict, the stricter applies2 C.F.R. §§200.318–.327
How this shows up as an item A board member offers a friend who “can do it cheaper.” The right answer neither excludes the friend nor accepts the offer: the requirement will be specified and publicly advertised as a request for bids, opened publicly, and awarded to the lowest responsible bidder — the acquaintance may bid like anyone else, and the board member takes no part in specification, evaluation, award or audit.

Authority: General Municipal Law §103, §104-b; 2 C.F.R. Part 200; OSC, Seeking Competition in Procurement.

Tenure, probation and §3020-a

The correction that matters most Circulating SDL material says New York’s probationary period is three years. It is four years for teachers and building principals appointed on or after July 1, 2015 (Chapter 56 of the Laws of 2015). Three years remains correct only for earlier appointments. If an item gives you an appointment date, the date is the item.

Probation and tenure

  • Four-year probation for teachers and building principals appointed on or after July 1, 2015.
  • The APPR condition: tenure requires composite ratings of Effective or Highly Effective in at least three of the four preceding years, and an Ineffective rating in the final probationary year makes the person ineligible at that time.
  • Jarema credit — prior regular substitute service in the same tenure area shortens probation up to the statutory maximum; miscomputing it is a classic way districts accidentally grant tenure.
  • Tenure by estoppel: letting a probationer continue past the term without action can vest tenure by operation of law — why the tenure calendar is a central office responsibility.
  • Denial of tenure may be for any lawful reason, on the superintendent’s recommendation, with required advance notice before the board votes. confirm current Notice rules differ by statute and district type.
  • Probationers keep constitutional protection — no dismissal for union activity, protected speech or discrimination; a stigmatizing accusation can require a name-clearing hearing.
  • confirm current Probationary terms for administrators other than building principals depend on the appointing statute for your district type.

Tenure areas and excessing

  • Tenure is granted in a tenure area, not a job. Areas are defined by 8 NYCRR Part 30 — elementary, middle grades, academic secondary subjects, special subjects, special education, and the administrative areas.
  • The 40% rule: a person devoting 40% or more of their time to a special subject tenure area must be appointed in that area. Assigning without regard to tenure area creates unintended tenure rights.
  • Excessing: the person with the least seniority within the tenure area of the abolished position is excessed — seniority within the area, not district-wide.
  • Preferred eligible list for seven years; the excessed employee must be offered a vacancy in the same or a similar tenure area before anyone else, judged on actual duties.
  • Why you care: a reduction in force without a defensible seniority list is the most reversible personnel action a district takes; reinstatement with back pay is the standard remedy.

Education Law §3020-a

StepRequirement
ChargesIn writing, between the actual opening and closing of the school year; generally no charges more than three years after the alleged misconduct, except where it would be a crime
Probable causeMajority vote of the full board within 5 days; a written statement of charges, maximum penalty and rights is then served
Request for hearing10 days from receipt. Failure to respond waives the hearing
Hearing officerParties have 15 days to agree from a list, or the Commissioner appoints
Pre-hearing conferenceWithin 10–15 days of the hearing officer agreeing to serve
Final hearingNo later than 60 days after the pre-hearing conference, extendable for extraordinary circumstances
DecisionWritten, within 30 days of the last hearing day (10 days expedited)
PenaltiesReprimand · fine · suspension without pay for a fixed period · dismissal; plus remedial measures — leave, continuing education, counseling
ReviewApplication to State Supreme Court under CPLR §7511 within 10 days of receipt; narrow standard
PendingGenerally suspended with pay pending the hearing — budget for it

Authority: Education Law §3020-a, §3020-b, §§2509, 2573, 3012, 3014, §2510; 8 NYCRR Part 30; Ch. 56, L. 2015; CPLR §7511.

The Taylor Law, Triborough and negotiations

Civil Service Law Article 14

  • The Public Employees’ Fair Employment Act (1967): public employees may organize and be represented, employers must negotiate in good faith, and strikes are prohibited. PERB administers representation, improper practices and impasse.
  • Improper practices (§209-a). Employer: interfering with employee rights, dominating an employee organization, discriminating to discourage membership, bad-faith negotiation, and refusing to continue the terms of an expired agreement. Union: interfering with rights, bad-faith negotiation, causing or engaging in a strike.
  • Strike penalties (§210): forfeiture of two days’ pay per day on strike; loss of dues deduction; contempt exposure.
  • Mandatory vs. non-mandatory subjects. Terms and conditions of employment are mandatory; core educational policy decisions — curriculum content, creating or abolishing a program — are generally non-mandatory, though the impact on unit members is negotiable. Getting the line wrong produces an improper practice charge.

Triborough and impasse

  • The Triborough Amendment (1982), §209-a.1(e): refusing to continue the terms of an expired agreement until a new one is negotiated is an improper practice — so salary step increments continue after expiration.
  • Why it dominates New York bargaining. The union’s status quo is the expired contract plus steps, so time does not pressure it as in the private sector. With the tax cap, that is the central structural fact of a superintendent’s bargaining position — and why settlements are often multi-year and back-loaded.
  • Impasse (§209): mediationfact-finding with public, non-binding recommendations → for school districts, legislative determination: the board may hold a public hearing and take such action as it deems in the public interest.
  • No binding interest arbitration for teachers in New York — that applies to police and fire.
  • Negotiations are an executive-session topic (POL §105(1)(e)), but the ratification vote is public and the executed agreement is a public record.
The superintendent’s actual role The board sets parameters in executive session — range, priorities, non-starters. The superintendent leads or supervises the team, keeps the board inside its own parameters, and costs every proposal accurately over the life of the agreement, including rollup, steps and benefit trend. The failure the exam models: a settlement the district cannot fund under the levy limit, or a board member holding side conversations with union leadership. Both are answerable — one team, one cost-out, one channel. Interest-based bargaining is often the right answer where the stem emphasizes a damaged relationship, but it is a process choice, not a substitute for parameters and cost-out.

Authority: Civil Service Law §§200–214, §§209, 209-a, 210; NYS Public Employment Relations Board.

APPR — §3012-d and NYS-STEPS (§3012-e)

Education Law §3012-d

  • Covers classroom teachers and building principals; plans are collectively bargained and Commissioner-approved.
  • Two categories: Student Performance (a required SLO, optional second measure) and Observations / School Visits against a state-approved rubric.
  • HEDI: Highly Effective · Effective · Developing · Ineffective, combined through a matrix into a composite rating.
  • Observers: the principal or another trained administrator plus an impartial, independent, trained evaluator; peer observation optional.
  • Grades 3–8 ELA and math state assessment results shall not be required to be used in any manner.
  • Consequences: an improvement plan after Developing or Ineffective; expedited §3020-a exposure on consecutive Ineffective ratings; and a general prohibition on assigning a student two consecutive years to teachers each rated Ineffective the prior year (waivable).

NYS-STEPS — §3012-e

  • Created by Chapter 143 of the Laws of 2024: Standards-based Educator Evaluation and Professional Support.
  • Locally designed plans — still bargained and Commissioner-approved — built on multiple measures of practice rather than a state-prescribed matrix.
  • Decouples school leader evaluation from teacher evaluation.
  • Requires alignment to the NYS Teaching and Educational Leadership Standards, including the Culturally Responsive-Sustaining Education Framework, with a Level 1–4 rating per standard rather than one composite.
  • Transition: voluntary adoption beginning 2024–25; approved §3012-d plans may continue meanwhile; all districts must adopt a STEPS plan by June 30, 2032.
  • For the exam: the SDL framework dates from 2008, so expect items keyed to the logic of evaluation — multiple measures, trained evaluators, inter-rater reliability, evaluation feeding professional development — rather than to a statute. Know both systems by name.
The 104-0004 / 104-0005 connection Evaluation is tested through support to building leaders and staff and ongoing staff development. The rewarded pattern: evaluation data drives differentiated support, not just personnel action. Name inter-rater reliability calibration for administrators, aggregate rating analysis across schools to locate supervision problems, and professional learning targeted at the patterns the ratings reveal.

Authority: Education Law §3012-d, §3012-e; Ch. 143, L. 2024; 8 NYCRR Subpart 30-3; NYSED Office of Educator Quality guidance.

Certification, clearance and staffing compliance

RequirementRuleCite
FingerprintingProspective employees of districts, BOCES and charter schools must be fingerprinted and cleared by NYSED before employment; conditional and emergency conditional appointments are permitted in specified circumstances pending clearanceEd. Law §§3004-b, 3035; 8 NYCRR Part 87
CertificationA valid certificate is required for the tenure area and assignment; districts report out-of-certification assignments to NYSED8 NYCRR Part 80
Incidental teachingA superintendent may assign a certified teacher to a subject outside their certificate for no more than five classroom hours a week, and only when no certified or qualified teacher is available after extensive and documented recruitment8 NYCRR §80-5.3
DASA trainingCertification applicants complete at least six clock hours of harassment, bullying and discrimination prevention trainingEd. Law §14; 8 NYCRR §80-1.4
Moral characterRevocation and moral-character proceedings run under Part 83; districts must report conduct raising a moral character question8 NYCRR Part 83
Substitutes and coachesSubstitute service limits, coaching certification and temporary coaching licenses are separately regulated; exceeding them is a routine audit finding8 NYCRR §§80-5.4, 135.4
The Administrator certificate change On January 13, 2025 the Regents approved regulations establishing a new Administrator certificate and a Superintendent Extension. NYSED stopped registering new SBL and SDL preparation programs on or after February 1, 2025; existing programs are discontinued on or after September 1, 2030; and individuals must apply and meet all requirements for the Initial SBL and/or the Professional SDL certificate by January 1, 2031. The SDL examination survives the certificate phase-out — the Administrator certificate requires a passing score on both the SBL and SDL exams (or the Individual Evaluation Pathway), and the Superintendent Extension requires the Administrator certificate first. Existing SBL, SAS and SDA certificates continue to be recognized and holders need not convert. confirm current NYSED’s no-conversion sentence names SBL, SAS and SDA and does not answer the question for SDL in those words — if you hold an SDL, confirm with the Office of Teaching Initiatives rather than inferring.

Authority: Education Law §3035; 8 NYCRR Parts 80, 83, 87; Regents action of January 13, 2025 (8 NYCRR §§52.21, 80-1.2, 80-4.3, 80-5.20, Subpart 80-3); NYSED Office of Teaching Initiatives (retrieved August 2026).

IDEA and Part 200 at district scale

A principal implements an IEP. A superintendent owns the system that produces, funds, staffs, monitors and defends IEPs across every building.

ObligationRequirementCite
Child findA written board plan and policy for locating, identifying and evaluating all resident children with disabilities — including homeless, wards of the state, migrant and parentally placed nonpublic students — and a register of eligible children§200.2(a); 34 C.F.R. §300.111
CSE / CPSEThe board appoints the CSE, subcommittees and CPSE, and enough of them to meet timelines. Required CSE membership: the parent; a regular education teacher of the student if the student is or may be in general education; a special education teacher; a school psychologist; a district representative qualified to provide or supervise special education and knowledgeable about the general curriculum and district resources; and someone who can interpret evaluation results. A school physician and an additional parent member attend if requested in writing at least 72 hours in advanceEd. Law §§4402, 4410; §§200.3, 200.16
Referral → consentWithin 10 school days of a referral, request consent to evaluate or give the parent a copy of the referral with notice of intent to decline§200.4(a)
EvaluationInitial individual evaluation completed within 60 days of receipt of consent§200.4(b)
Evaluation → servicesFor a student not previously identified, arrange programs and services within 60 school days of receiving consent; for an identified student referred for review, within 60 school days of referral; for an approved private school placement, within 30 school days of the board receiving the recommendation. Two clocks — 60 days for evaluation, 60 school days for services§200.4(e)
ReviewIEP reviewed at least annually; reevaluation at least every three years, not more than once a year unless agreed§200.4(b),(f)
District planAdopt and annually review a district plan for special education — including how appropriate space and program availability will be ensured — available for public inspection§200.2(c)
RtIA district Response to Intervention policy is required, and a district may not use a severe discrepancy to determine a specific learning disability in reading, grades K–4§§100.2(ii), 200.4(j)

LRE and the continuum

  • LRE means education with non-disabled peers to the maximum extent appropriate; removal only when education there with supplementary aids and services cannot be achieved satisfactorily.
  • The continuum runs from consultant teacher and related services through integrated co-teaching, resource room and special classes to day and residential placement — and the district must operate enough of it that placement is a real decision.
  • The district-level failure mode: placement patterns driven by which program the district happens to run in which building — what state LRE data reviews detect.
  • Disproportionality: the state reviews districts for significant disproportionality by race and ethnicity in identification, placement and discipline; identification triggers a mandatory 15% comprehensive CEIS reservation and a policy review.

Due process — two tiers

  • Impartial hearing officers are NYSED-certified and rotationally appointed; the district appoints from the list and pays the IHO.
  • Resolution session within 15 days of the complaint; a 30-day resolution period; the decision is due within 45 days after that period ends, subject to properly granted extensions.
  • Two tiers: an IHO decision is appealed to the State Review Officer, then to court. Most states abolished the second tier; New York did not.
  • Pendency (stay-put) is automatic — the student stays in the then-current placement during proceedings without any showing of harm.
  • Other routes: mediation at state expense and a state complaint to NYSED resolved within 60 days.
  • Cost exposure: prevailing parents may recover attorney’s fees, and tuition reimbursement is available where the district’s program was inappropriate and the parents’ was appropriate. A budget line, not a theoretical risk.
Discipline of students with disabilities — Part 201 Removal beyond 10 consecutive school days — or removals forming a pattern totalling more than 10 school days in a year — is a disciplinary change of placement. A manifestation determination review must occur immediately if possible and no later than 10 school days after the decision. Two prongs: was the conduct caused by, or directly and substantially related to, the disability, or the direct result of the district’s failure to implement the IEP? If either is yes: conduct an FBA, implement a BIP, and return the student to the prior placement unless the parties agree otherwise — and a failure-to-implement finding obliges immediate remedy. Regardless of manifestation, a student may be placed in an interim alternative educational setting for up to 45 school days for weapons, illegal drugs or controlled substances, or infliction of serious bodily injury. Services continue during any removal beyond 10 cumulative days.

Authority: IDEA, 20 U.S.C. §1400 et seq. and §1415(k); 34 C.F.R. Part 300; Education Law §§4402, 4404, 4410; 8 NYCRR Parts 200, 201.

Section 504, MLLs, DASA, McKinney-Vento, Title IX

Section 504 and ADA Title II

  • 29 U.S.C. §794; regulations at 34 C.F.R. Part 104. Broader than IDEA — it reaches students, parents and employees, program accessibility, athletics, trips and district communications.
  • Three prongs: an impairment that substantially limits a major life activity; a record of one; or being regarded as having one. The ADA Amendments Act broadened “substantially limits” and directs that mitigating measures (other than ordinary eyeglasses) are not considered.
  • FAPE under 504 = regular or special education and related aids and services meeting individual needs as adequately as the needs of students without disabilities are met; implementing an IDEA IEP satisfies it.
  • District duties most often missed: designate a 504 coordinator, publish a notice of nondiscrimination, and adopt grievance procedures for prompt and equitable resolution — recipient-level obligations, not building ones.
  • Evaluation and placement by a group of knowledgeable persons using varied sources, with notice, record review, an impartial hearing and a review procedure.

MLL/ELL — CR Part 154

  • Identification within 10 school days of initial enrollment — the Home Language Questionnaire, an individual interview in English and the home language, and the NYSITELL.
  • Five levels: Entering · Emerging · Transitioning · Expanding · Commanding, with required Integrated ENL and Stand-alone ENL units of study scaling by level. confirm current Use the current Part 154-2 minutes table; do not quote minutes from memory.
  • Bilingual education is required at scale: with 20 or more ELLs of the same grade level and home language in a building (or across two contiguous grades), the district must provide a bilingual education program — a staffing and program-siting decision, which is why it is a 104-0006/0007 issue and not only a curriculum issue.
  • NYSESLAT annually; exiting is followed by two years of Former ELL monitoring and support.
  • Parent rights: orientation and notification in the preferred language, the right to decline bilingual education (but not ENL service), and interpretation for meaningful participation — a Title VI obligation independent of Part 154.
  • Part 154 drives certification demand, scheduling and a required district ELL/MLL plan; under-service is simultaneously a Title VI and a state compliance exposure.

DASA — Ed. Law Article 2

  • Protected characteristics: race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (including gender identity and expression), or sex.
  • Harassment/bullying = creating a hostile environment by conduct, threats, intimidation or abuse, including cyberbullying.
  • Each school designates a trained Dignity Act Coordinator, publicized to staff, students and families.
  • Reporting clock: an employee who witnesses or receives a report orally notifies the principal, superintendent or designee no later than one school day and files a written report within two school days of the oral notification.
  • The principal, superintendent, designee or DAC leads or supervises a thorough, prompt investigation and notifies law enforcement promptly where conduct may be criminal.
  • Material incidents are reported annually to NYSED through the School Safety and Educational Climate collection — public, and a district-level accountability artifact.
  • Your job: consistency across buildings. Wildly different incident counts between comparable schools usually mean different reporting practice, not different behavior.

McKinney-Vento and Title IX

Students in temporary housing — federal McKinney-Vento; New York Ed. Law §3209 and 8 NYCRR §100.2(x).

  • Definition: lacking a fixed, regular and adequate nighttime residence — doubled up from loss of housing or economic hardship, shelters, motels, cars, places not designed for sleeping.
  • School of origin or school of current location, on a best-interest determination made with the parent. Immediate enrollment without records, immunization records or proof of residency.
  • The district pays for transportation to the school of origin, continuing for the remainder of the year after permanent housing is obtained. Each district designates a liaison; disputes require written notice and immediate enrollment pending resolution.
  • Unaccompanied youth may enroll without parental consent or guardianship papers.

Title IX — 20 U.S.C. §1681; 34 C.F.R. Part 106. Covers sex-based harassment and violence, pregnancy discrimination, equal athletic opportunity and retaliation. Districts designate a Title IX Coordinator, publish a notice of nondiscrimination and adopt grievance procedures.

Currency — get this right The 2024 Title IX Rule was vacated nationwide on January 9, 2025 (Tennessee v. Cardona, E.D. Ky.). OCR enforces Title IX under the 2020 Rule.

Authority: 29 U.S.C. §794 and 34 C.F.R. Part 104; ADA Title II; 8 NYCRR Part 154; Education Law §§11, 13, §3209; 42 U.S.C. §11431 et seq.; 20 U.S.C. §1681 and 34 C.F.R. Part 106; Title VI, 42 U.S.C. §2000d.

Student data privacy — FERPA and Education Law §2-d

FERPA is the floor; New York built a higher one, administered at the district level. A clear 104-0008 topic and one of the least covered in older prep material.

FERPA

  • Rights belong to parents and transfer to the eligible student at age 18 or upon postsecondary enrollment, whichever comes first.
  • Education records = records directly related to a student and maintained by the agency. Excluded: sole-possession records, law enforcement unit records, treatment records.
  • Directory information may be disclosed if designated and noticed, with a family opt-out; it may not include an SSN or an ID usable alone for system access.
  • Consent exceptions: school officials with a legitimate educational interest, a school where the student seeks to enroll, and a health or safety emergency.
  • Inspection within a reasonable time, not more than 45 days; families may seek amendment, with a hearing if denied; annual notification of rights is required.

Ed. Law §2-d / 8 NYCRR Part 121

  • Parents’ Bill of Rights for Data Privacy and Security — adopted, published on the website, and appended to every third-party contract involving personally identifiable information.
  • Data Protection Officer — every educational agency must designate one.
  • A data security and privacy policy aligned to the NIST Cybersecurity Framework, adopted and published.
  • Third-party contracts must include a data security and privacy plan and the contractor’s signed supplemental information: exclusive purposes of use, subcontractor oversight, contract term and data disposition at its end, how parents may challenge accuracy, and where and how data is stored and protected.
  • Prohibited: selling PII or using it for marketing or commercial purposes.
  • Annual training for officers and employees with access to PII.
  • Breach notification: a contractor notifies the agency no more than 7 calendar days after discovery; the agency notifies affected parents, eligible students, teachers or principals no more than 60 calendar days from discovery and reports to NYSED’s Chief Privacy Officer.
  • A complaint procedure with a stated response process; complaints may also go to the Chief Privacy Officer.
Why this is the superintendent’s problem, not the IT director’s Every free classroom app a teacher signs up for is a third-party contract if it receives student PII. The architecture — an approved-application process, a standard contract rider, a DPO with real authority, annual training — only works if the superintendent owns it and the board adopts it as policy. Districts that treat §2-d as a procurement formality find the gap during a breach, when the 7-day and 60-day clocks are already running.

Authority: 20 U.S.C. §1232g and 34 C.F.R. Part 99; Education Law §2-d; 8 NYCRR Part 121; NYSED Chief Privacy Officer guidance.

ESSA designations and what a district owes an identified school

The designations

  • CSI — Comprehensive Support and Improvement: broadly the lowest-performing 5% of Title I schools, high schools with a graduation rate at or below 67%, and former targeted-support schools that fail to improve. Identified by the state.
  • TSI — one or more consistently underperforming subgroups.
  • ATSI — a subgroup performing at or below the level that would place the school among the lowest-performing if all students performed that way.
  • New York also publishes recognition categories and “Local Support” status.
  • Accountability subgroups: All Students plus racial and ethnic groups, economically disadvantaged students, students with disabilities, and English language learners, subject to minimum n-size.
  • confirm current Indicators, weightings, identification cycle and minimum n are set in the approved state ESSA plan and have been amended.

What the district owes

  • Plan structure in New York: each identified school produces a School Comprehensive Education Plan (SCEP) from a needs assessment with stakeholder participation; a district with identified schools produces a District Comprehensive Improvement Plan (DCIP). CSI plans require district and state approval and are state-monitored; TSI plans are district-approved and district-monitored — a clean item stem.
  • Resource equity review. Plans must identify and address resource inequities: staffing, funding, access to advanced coursework and experienced teachers across schools — analysis a superintendent can do and a principal cannot.
  • Evidence-based interventions at the tiers ESSA defines. “We will implement a new program” is not a plan; the evidence tier and the implementation supports are.
  • Support, not just supervision: a named central office liaison, differentiated professional learning, schedule and staffing flexibility, data access, and protection of the principal’s time.
  • Receivership. Education Law §211-f makes the superintendent a receiver for persistently struggling and struggling schools — authority to develop an intervention plan, expand the day or year, convert to a community school, require staff to reapply and abolish positions, subject to a Community Engagement Team — with an independent receiver if improvement does not follow. confirm current Check whether any school is presently identified.

Authority: ESEA as amended by ESSA, §1111(c)–(d); Education Law §211-f; 8 NYCRR §100.19; NYSED ESSA accountability materials and the approved New York State ESSA plan.

Attendance, immunization and child welfare reporting

ObligationRuleCite
Right to attendA person over 5 and under 21 without a diploma may attend the public schools of the district where they reside, tuition free. Residency — not immigration status, not property ownership — is the testEd. Law §3202
Compulsory educationRequired from age 6 (a child turning six on or before December 1 attends from the start of that year) through age 16; a board may by resolution require attendance to 17. confirm current The compulsory age has been the subject of legislative proposalsEd. Law §3205
Attendance policyA comprehensive attendance policy: a register, period-by-period recordkeeping in secondary schools, coding of excused and unexcused absence, intervention strategies, parent notification, incentives, and an annual board review of the data with revision if goals are not met8 NYCRR §104.1
ImmunizationA principal may not permit attendance beyond 14 days without proof (extendable to 30 days for an out-of-state or out-of-country transferee whose records are being obtained). The religious exemption was repealed effective June 13, 2019 — only a valid medical exemption remainsPublic Health Law §2164
Mandated reportingTeachers, counselors, psychologists, social workers, nurses and administrators are mandated reporters. The standard is “reasonable cause to suspect,” not proof. You do not investigate first. Report to the Statewide Central Register. Where several reporters share the information one may call for all, but one must call, and a supervisor may not prevent a report. Failure to report is a class A misdemeanor with civil liabilitySSL §§413, 419
Written reportThe oral report is followed by a written report on form LDSS-2221A. confirm current Commonly cited as 48 hours (SSL §415) — confirm against the current form instructions before training staff on a numberSSL §415
Child abuse in an educational settingA separate obligation. An employee or volunteer receiving an allegation of abuse by an employee or volunteer in an educational setting promptly completes a written report to the superintendent, who, on finding reasonable suspicion, promptly notifies law enforcement or the district attorney. Annual written information on the process goes to all employees and parentsEd. Law Art. 23-B, §§1125–1133
Corporal punishmentProhibited, with narrow exceptions for reasonable force to protect from injury, obtain a weapon, or restrain or remove a disruptive pupil where alternatives are exhausted. Semi-annual reports of complaints filed with the Commissioner8 NYCRR §100.2(l)
Two reporting systems, two clocks Suspected abuse or maltreatment by a parent or person legally responsible → the Statewide Central Register under SSL §413. Suspected abuse by a school employee or volunteer in an educational setting → the Article 23-B process, running through the superintendent to law enforcement. Different statutes, different recipients — a district needs written procedures for both, and confusing them is an easy distractor.

Authority: Education Law §§3202, 3205, §§1125–1133; Social Services Law §§413, 415, 419; Public Health Law §2164; 8 NYCRR §§100.2(l), 104.1.

Case law district leaders are expected to know

One line of holding, one line on why you care. Several circulating SDL case-note files state these incorrectly; those errors are collected in the last section.

Student expression

CaseHoldingWhy you care
Tinker v. Des Moines 393 U.S. 503 (1969)Student expression is protected unless it would materially and substantially disrupt school operation or invade others’ rights; undifferentiated fear is not enoughWrite the code of conduct so discipline rests on disruption, not disagreement
Bethel v. Fraser 478 U.S. 675 (1986)Schools may discipline lewd, vulgar or plainly offensive speech at a school event without showing disruptionNarrow — vulgarity, not viewpoint
Hazelwood v. Kuhlmeier 484 U.S. 260 (1988)Educators may control school-sponsored expressive activities when their actions are reasonably related to legitimate pedagogical concernsIf the activity bears the school’s imprimatur — newspaper, yearbook, theater — Hazelwood governs, not Tinker
Morse v. Frederick 551 U.S. 393 (2007)Speech at a school-supervised event reasonably viewed as promoting illegal drug use may be restrictedNarrow — not a license to punish speech administrators dislike
Mahanoy Area SD v. B.L. 594 U.S. 180 (2021)A vulgar off-campus post could not be punished. Schools keep some interest in off-campus speech but it is diminished — parents have primary responsibility off campus, regulating both spheres would mean 24-hour regulation, and schools have an interest in protecting unpopular expression. No bright-line ruleAnswers the open question older SDL notes leave hanging. Districts retain authority over severe bullying and harassment, threats, test-security breaches and misuse of school systems — write your code’s off-campus reach to those categories
Bd. of Educ. v. Pico 457 U.S. 853 (1982)A plurality: a board may not remove library books because it dislikes the ideas; removal must rest on educational suitability, not political orthodoxyKeep a written reconsideration procedure and document the educational grounds

Due process, search and discipline

CaseHoldingWhy you care
Goss v. Lopez 419 U.S. 565 (1975)A suspension up to 10 days requires notice of the charges, an explanation of the evidence if denied, and an opportunity to respondCodified at Ed. Law §3214: a principal’s suspension of 1–5 school days with an informal conference on request; a superintendent’s hearing with counsel and cross-examination for anything longer
New Jersey v. T.L.O. 469 U.S. 325 (1985)School officials need only reasonable suspicion; the search must be justified at its inception and reasonable in scopeThe most-tested rule here. Train administrators to state the facts supporting suspicion before searching
Vernonia v. Acton 515 U.S. 646 (1995) and Bd. of Educ. v. Earls 536 U.S. 822 (2002)Vernonia upheld suspicionless random drug testing of athletes; Earls extended it to all students in competitive extracurricular activities — reduced privacy expectations, minimally intrusive collection, confidential non-punitive use of resultscorrection Circulating notes call extracurricular testing unconstitutional — superseded by Earls. Neither case authorizes testing the entire student body
Safford v. Redding 557 U.S. 364 (2009)A strip search of a 13-year-old for prescription-strength ibuprofen violated the Fourth Amendment — the suspicion did not support the degree of intrusionIntrusiveness must match suspicion and danger. The rule most districts adopt: no strip searches, ever
Ingraham v. Wright 430 U.S. 651 (1977)The Eighth Amendment does not apply to school corporal punishment; excess is addressed through state tort and due process lawAcademic in New York, where 8 NYCRR §100.2(l) prohibits corporal punishment and requires semi-annual reporting

Students with disabilities

CaseHoldingWhy you care
Bd. of Educ. v. Rowley 458 U.S. 176 (1982)FAPE requires an IEP reasonably calculated to enable the child to receive educational benefitnot maximization. The Court ruled for the district, which had denied an interpreter to a deaf student who was progressingcorrection A circulating item keys this as if the parents won. Rowley also set the two-part inquiry: procedural compliance plus a substantively reasonable IEP
Endrew F. v. Douglas County 580 U.S. 386 (2017)An IEP must enable progress appropriate in light of the child’s circumstances; the Court rejected a “merely more than de minimis” standard and required an appropriately ambitious programThe current FAPE standard — it raised the bar without overruling Rowley. “Some progress” is no longer a defense
Honig v. Doe 484 U.S. 305 (1988)No “dangerousness” exception to IDEA’s stay-put provision; removal beyond 10 school days is a change of placement requiring process. Schools may seek injunctive relief from a courtcorrection Notes saying removal is “only permitted with the parent’s permission” use pre-1997 framing. As amended in 1997 and 2004: stay-put + manifestation determination + up to 45 school days in an interim alternative educational setting for weapons, drugs or serious bodily injury
Luna Perez v. Sturgis 598 U.S. 142 (2023)IDEA’s exhaustion requirement does not bar an ADA suit seeking compensatory damagesA settled or abandoned due process case no longer necessarily forecloses ADA damages exposure — involve counsel earlier
Sch. Bd. of Nassau Cnty. v. Arline 480 U.S. 273 (1987)A contagious disease may be a disability under §504; the questions are whether the person is otherwise qualified and whether reasonable accommodation is possible, on medical evidence rather than fearThe template for every health-based exclusion decision, students and employees alike

Employee speech and harassment liability

CaseHoldingWhy you care
Pickering v. Bd. of Educ. 391 U.S. 563 (1968)A teacher could not be dismissed for a newspaper letter criticizing the board’s handling of school finances; employee speech on a matter of public concern is protected, subject to balancing against the employer’s interest in efficient serviceBefore acting on public criticism: public concern, and an actual operational disruption? “It embarrassed the district” is not the test
Mt. Healthy v. Doyle 429 U.S. 274 (1977)The call to a radio station was protected; but even where protected conduct was a motivating factor, the employer avoids liability by proving it would have reached the same decision anywaycorrection A circulating item keys this as upholding the firing. It remanded and created the burden-shifting test — which is why contemporaneous documentation of performance problems protects a district
Garcetti v. Ceballos 547 U.S. 410 (2006)Statements made pursuant to official duties are not citizen speech and are not shielded from employer disciplineNew York’s whistleblower and Taylor Law protections operate independently — not a license to retaliate
Gebser v. Lago Vista ISD 524 U.S. 274 (1998)Teacher-on-student harassment: Title IX damages only where an official with authority to institute corrective measures had actual knowledge and was deliberately indifferentWhy every complaint must reach a person with authority, and the response must be prompt and documented
Davis v. Monroe County 526 U.S. 629 (1999)Student-on-student harassment: liability where the district is deliberately indifferent to known harassment so severe, pervasive and objectively offensive that it bars access to education, in a context it substantially controlscorrection Notes saying Gebser’s standard applies unchanged to peer harassment are wrong — Davis adds severity and control. DASA obliges action well below the Davis threshold
Franklin v. Gwinnett County 503 U.S. 60 (1992)Monetary damages are available in a private Title IX actionWhy Title IX exposure is a budget risk, not only a compliance obligation

Religion, equity and access

CaseHoldingWhy you care
Lemon v. Kurtzman 403 U.S. 602 (1971)Kennedy v. Bremerton 597 U.S. 507 (2022)Lemon’s three-part test (secular purpose · effect neither advancing nor inhibiting religion · no excessive entanglement) is no longer the framework. Kennedy said the Court had long ago abandoned Lemon, directing analysis by historical practices and understandings, and held a coach’s quiet post-game prayer was protected private religious expressioncorrection Nearly every circulating case-note file still teaches Lemon as current law. A district may not suppress an employee’s personal religious expression merely to avoid an Establishment Clause appearance; the analysis turns on coercion
Engel (1962) · Abington (1963) · Lee v. Weisman (1992) · Santa Fe ISD v. Doe 530 U.S. 290 (2000)School-sponsored prayer remains unconstitutional: an official Regents prayer, devotional Bible reading, a clergy-led graduation invocation, and student-led prayer over the PA at football games under school policy all failcorrection Notes calling student-led prayer at athletic events “a gray area” are out of date — Santa Fe resolved it in 2000. School-sponsored and coerced exercise is prohibited; genuinely private expression is protected
Brown v. Bd. of Educ. 347 U.S. 483 (1954)Separate educational facilities are inherently unequal; overruled Plessy in public education and ended de jure segregationThe foundation of subgroup accountability and disproportionality review. Swann (1971) later upheld busing as a remedy
Lau v. Nichols 414 U.S. 563 (1974)Identical instruction to students who do not understand English is not equal treatment; under Title VI districts must take affirmative stepsThe foundation of ENL and bilingual obligations, with the EEOA (20 U.S.C. §1703(f)) and the Castañeda test — sound theory, adequate resources, demonstrated results
Plyler v. Doe 457 U.S. 202 (1982)A state may not deny free public education to children because of their immigration statusVerify residency and age; do not require immigration documentation, ask about status, or condition enrollment on a Social Security number
Students for Fair Admissions v. Harvard / UNC 600 U.S. 181 (2023)The universities’ race-conscious admissions programs violated the Equal Protection Clause and Title VIApplies to selective admissions, not general K–12 assignment — but it is why notes citing Bakke as settled law mislead
How to deploy a case in a written response Do not recite facts. Name the case, state the operative standard in one clause, then apply it: “Because T.L.O. requires that a search be justified at its inception and reasonable in scope, I would direct principals to document the facts supporting suspicion before any search and prohibit searches of the person.” That is Application of Content plus Support in one sentence. A case name with no standard attached earns nothing.

Facilities, transportation, food service, emergency planning

ObligationRequirementCite
Annual visual inspectionEach occupied building, in the years between building condition surveys8 NYCRR §155.4
Building condition surveyComprehensive survey of each occupied building by a licensed architect or engineer, every five years, feeding capital planning8 NYCRR §155.4
Five-year capital facilities planBuilding condition, capacity and program needs — the document that makes a capital referendum defensible8 NYCRR Part 155
Health and safety committeeDistrict officials, staff, bargaining unit representatives and parents; participates in the annual visual inspection and monitors safety during construction in occupied buildings8 NYCRR §155.4
Plan approvalNo construction, alteration or reconstruction without Commissioner approval of plans and specificationsEd. Law §408; Part 155
Fire safety inspectionAnnual inspection by a qualified inspector, report filed with the CommissionerEd. Law §807-a
Emergency drills12 per year: 8 evacuation and 4 lockdown, with 8 completed by December 31. confirm current Recent amendments address trauma-informed drill practice and advance parent notificationEd. Law §807
AHERA / asbestosA current asbestos management plan per building available for public review; a trained AHERA Designated Person; six-month periodic surveillance; three-year re-inspection by an accredited inspector; annual written notification to parents, staff and employee organizations15 U.S.C. §2641 et seq.; 40 C.F.R. Pt. 763, Subpt. E
Lead in drinking waterTest all potable outlets, report and remediate above the action level. confirm current The action level was lowered and the retesting cycle reset — verify with the Department of HealthPublic Health Law §1110
Green cleaning & pesticidesEnvironmentally sensitive cleaning products required; pesticide applications require advance notification; pesticide use on school playgrounds and turf is prohibited with narrow emergency exceptionsEd. Law §§409-h, 409-i; Child Safe Playing Fields Act
AEDsOn-site automated external defibrillators with trained staff during instructional hours and at school-sponsored athletic eventsEd. Law §917

Transportation

  • Statutory mileage limits: transport students in grades K–8 living more than 2 miles and grades 9–12 living more than 3 miles from school, up to 15 miles. Shorter minimums may be adopted by voter proposition.
  • Nonpublic and charter students must be transported on the same basis within the mileage limits; a parent’s written request is due by April 1 for the following year, and an untimely request may generally be denied on cost grounds.
  • Students with disabilities: special transportation is a related service written into the IEP — door-to-door, an aide, a lift bus, temperature control, shortened ride time. Not discretionary, not a mileage question.
  • Students in temporary housing go to the school of origin regardless of ordinary mileage limits.
  • Driver qualification under Vehicle and Traffic Law Article 19-A; buses are subject to DOT inspection on a fixed cycle.
  • Transportation Aid reimburses a wealth-adjusted share of approved prior-year expense including approved bus purchases — so buy/lease/contract is an aid calculation, not just a cash calculation.
  • confirm current New York enacted a zero-emission school bus requirement with purchase and fleet-conversion deadlines; the timeline has been amended.

Food service and emergency planning

  • Federal programs. National School Lunch and Breakfast are USDA programs administered by NYSED Child Nutrition, carrying meal pattern requirements, Smart Snacks competitive-food rules and an administrative review cycle.
  • The school lunch fund is a special revenue fund expected to be self-sustaining; general-fund subsidy of deficits and excess food service fund balance are both audit topics.
  • Community Eligibility Provision lets high-poverty schools serve all meals at no charge based on an identified student percentage. confirm current New York moved toward statewide universal free school meals in recent budgets — confirm the current year’s funding, eligibility and claiming rules with NYSED Child Nutrition.
  • Procurement: food bought with federal funds must satisfy both GML §103 and the Uniform Guidance, and a food service management company contract requires the state prototype contract and approval.
  • Project SAVE safety planning: a district-wide school safety plan, which is public, and building-level emergency response plans, which are confidential and FOIL-exempt, including floor plans and blueprints.
  • The district-wide safety team is appointed by the board; the building-level team is appointed by the principal and includes law enforcement. Plans are reviewed at least annually; the district-wide plan is available for public comment at least 30 days before adoption with at least one public hearing; building-level plans go to local law enforcement and the State Police within 30 days of adoption.
  • Code of conduct (§2801): developed in collaboration with student, teacher, administrator and parent organizations, safety personnel and other staff; reviewed and updated annually with at least one public hearing; a plain-language summary given to students and mailed to parents before the school year; filed with the Commissioner within 30 days of adoption.
  • Emergency management at district scale: an incident command structure matching the county’s, mutual-aid agreements, a communications plan with pre-drafted templates and a named spokesperson, continuity of operations (payroll, food, transportation, special education services) and after-action review. Name reunification, communication and continuity — not “call 911 and notify parents.”

Authority: Education Law §§807, 807-a, §917, §3635, §§2801, 2801-a; 8 NYCRR Part 155; 40 C.F.R. Pt. 763 Subpt. E; Public Health Law §1110; VTL Art. 19-A; 7 C.F.R. Pts. 210, 220.

Errors circulating in SDL prep materials — corrected

If you have studied from practitioner case notes, a New York finance slide deck, or a locally written district item bank, these are the exact claims to unlearn.

What circulating material saysWhat is actually trueAuthority
Dismissal during the three-year probationary periodFour years for teachers and building principals appointed on or after July 1, 2015. Tenure also requires Effective or Highly Effective ratings in at least three of the four preceding years, and an Ineffective rating in the final year makes the person ineligibleCh. 56, L. 2015; Ed. Law §§2509, 2573, 3012, 3014
Random drug testing of any extracurricular participants is unconstitutionalSuperseded. Earls (2002) upheld suspicionless random testing of students in competitive extracurricular activities, extending Vernonia. Neither authorizes testing the entire student bodyEarls, 536 U.S. 822 (2002)
Honig: removal beyond 10 days is “only permitted with the parent’s permissionPre-1997 framing. The framework is stay-put, a manifestation determination review within 10 school days of the decision to change placement, and up to 45 school days in an interim alternative educational setting for weapons, drugs or serious bodily injury — plus the judicial route Honig preserved20 U.S.C. §1415(k); 8 NYCRR Part 201
The Lemon test governs Establishment Clause questionsKennedy v. Bremerton (2022) said the Court had long ago abandoned Lemon, directing analysis by historical practices and understandings and by coercionKennedy, 597 U.S. 507 (2022)
Discipline for home-based websites or emails is an open questionSubstantially answered. Mahanoy (2021) held schools have a diminished interest in off-campus speech and declined a bright-line rule, preserving authority over severe bullying and harassment, threats and security breachesMahanoy, 594 U.S. 180 (2021)
Student-led prayer at football games is “still a gray areaResolved in 2000. Santa Fe ISD v. Doe held that student-led, student-initiated prayer over the PA under school policy violates the Establishment ClauseSanta Fe, 530 U.S. 290 (2000)
Gebser’s standard applies to peer harassment unchangedImprecise. Davis (1999) is the peer case and adds elements: harassment severe, pervasive and objectively offensive enough to bar access to education, in a context the district substantially controlsDavis, 526 U.S. 629 (1999)
An item keys Rowley as if the suit was withdrawn or the parents wonThe Court ruled for the district: FAPE requires some educational benefit, not maximization — a standard later raised (not replaced) by Endrew F. (2017)Rowley, 458 U.S. 176 (1982); Endrew F., 580 U.S. 386 (2017)
An item keys Mt. Healthy as the Court upholding the firingWrong. The speech was protected and the Court remanded, establishing the burden-shifting test: the employer prevails only by proving it would have taken the same action anywayMt. Healthy, 429 U.S. 274 (1977)
An item keys Gebser as the Court finding the district liableThe Court affirmed for the district: no Title IX damages unless an official with corrective authority had actual notice and was deliberately indifferentGebser, 524 U.S. 274 (1998)
Budget material with no property tax capThe deck predates Chapter 97 of the Laws of 2011. New York has had a tax levy limit since 2012–13 — the lesser of 2% or CPI, with statutory exclusions and a 60% supermajority override — made permanent in 2019Ed. Law §2023-a
Pre-2011 contingency budget rulesA contingency budget may levy no more than the prior year’s levy — a 0% increase, with the administrative component capped and spending limited to ordinary contingent expensesEd. Law §2023
April 15 — BOE adopts both the Proposed and Contingency Budget”Not the statutory sequence. The calendar keys off the hearing (7–14 days before the vote), the notice (no later than 6 days before), the Property Tax Report Card (24 days before) and the March 1 levy-limit filing; contingency is adopted after a defeatEd. Law §§1716, 2022, 2023, 2023-a
Alan Hevesi named as sitting State ComptrollerHevesi resigned in December 2006; Thomas P. DiNapoli has been Comptroller since 2007. The five-point accountability plan is substantively correct; the attribution is twenty years staleOffice of the State Comptroller
STAR described as an exemption for all homeownersHomeowners purchasing after the 2016 change generally receive the STAR credit rather than the exemption. confirm currentNYS Dept. of Taxation and Finance
Bakke presented as settled affirmative-action lawThe landscape changed through Grutter (2003), Fisher (2016) and Students for Fair Admissions (2023). Low K–12 salience, but do not cite Bakke as current doctrineSFFA, 600 U.S. 181 (2023)
The 2024 Title IX Rule described as operativeVacated nationwide January 9, 2025. OCR enforces Title IX under the 2020 RuleTennessee v. Cardona (E.D. Ky. 2025)
The pattern behind the errors Almost every New York-specific error clusters in 2011–2015 — the tax cap and contingency rules (2011); the four-year probationary period, APPR and receivership (2015). Almost every case-law error is a holding the Supreme Court changed after the notes were writtenDavis (1999), Santa Fe (2000), Earls (2002), Endrew F. (2017), Mahanoy (2021), Kennedy (2022), Perez (2023). Given an undated study file, those are the two places to look first.
One more honesty note Practitioner-written case notes and locally authored item banks are useful for scenario style — they model the “what would you do first” stem well. They are not authority. Where a practitioner note and a statute disagree, the statute wins; where a note and a Supreme Court holding disagree, the holding wins. Nothing here is legal advice, and district counsel plus the current Commissioner’s Regulations govern any actual decision.