Links to selected items concerning governmental operations posted on the Internet during the week ending March 7, 2025

42 States Grew Faster in 2024 Than They Had Over the Previous 15 Years International migration drove growth in many states, notably in the Northeast. Florida grew the most, gaining just over 2 percent in overall population. READ MORE

AI and Cloud Strategies for State and Local Agencies This guide explores how AI-powered tools and cloud infrastructure can help government agencies overcome the challenges of tight budgets and aging infrastructure. Case studies from California and Utah demonstrate the transformative impact of these strategies, saving dollars and accelerating service delivery. DOWNLOAD

 AI in Fraud Prevention and Identity Verification: Separating Fact from Fiction Explore how the public sector is approaching one of today’s most critical challenges: digital identity. WATCH VIDEO

Among C-Suite Changes, El Paso, Texas Promotes Its IT Leader The western city has elevated its IT director, an 18-year staffer, within management. Officials have also named an interim replacement while a job search is conducted for a permanent technology head. READ MORE

Annapolis, Anne Arundel County Cyber Incidents Unrelated A phishing scam targeting residents in the Maryland city about unpaid parking tickets is not connected or related to an ongoing “cyber incident” disrupting some services in the county. READ MORE

ANNOUNCING CDG-NACo’s Digital Counties Survey 2025! The Center for Digital Government and National Association of Counties invite all U.S. counties to participate in the Digital Counties Survey. DIGITAL COUNTIES SURVEY ONLINE

Arkansas’ Employment Portal Uses AI to Match Seekers, Jobs The state’s new LAUNCH portal brings together career resources, employers and job seekers. A collaboration with a national nonprofit, it uses artificial intelligence and data to supply targeted listings. READ MORE

As Florida Session Opens, Lawmakers Take Cues from Trump Legislators have filed bills following the administration’s lead on issues from health to government efficiency. They also have property insurance problems to straighten out. READ MORE

Build a Government Website That Works for Your Residents Your website is often the first impression residents have of your local government. Learn the key elements that make a website functional, accessible, and easy to navigate. DOWNLOAD

Building Trusted Digital Identities In this Q&A, Socure's Jordan Burris talks about how identity is evolving and what government leaders need to know about modern identity verification technology. READ NOW

California’s Latinos Are Just as Politically Divided as Everyone Else Thirty years ago, it was taken as a given that Latino politicians would be Democrats. Now there are a record nine Latino Republican lawmakers in Sacramento. READ MORE

Checklist: Steps to Centralize Your Grant Management Use this checklist to spot the signs that it's time to centralize your grant management and then create a roadmap for improving operations and shoring up compliance. DOWNLOAD

Collaboration Can Enable an Age of AI Innovation To harness the transformative power of GenAI, technologists must reimagine traditional approaches to procurement. READ MORE

Connecticut Bill Would Prohibit Using AI in Patient Care A bill proposed by state Sen. Saud Anwar seeks to amend state code to bar health insurance carriers from using AI to determine patient care. The aim is “to safeguard patient access to testing, medications and procedures.” READ MORE

Could a Pause on Building Data Centers in Va. Benefit N.C.? Virginia’s Loudoun County has a famously high concentration of data centers, but a proposed rule would remove builders’ “by right” zoning status. If the state cools to their construction, might neighboring North Carolina gain? READ MORE

Customer Experience Guides Pennsylvania’s IT Strategy Pennsylvania CIO Amaya Capellán and her team are focused on the overall experience of state employees, residents and businesses. READ MORE

Cyber Attack Keeps Cleveland Municipal Court Offline The court, which first acknowledged the incident Sunday night, has been shuttered four days this week by the online incident. Its internal systems, software and website have been taken offline. READ MORE

Deliver Seamless Citizen Services Government agencies are dealing with increasing pressure to improve experiences for citizens and simplify processes for a hybrid workforce. To keep up with these demands, you need an easy way for your teams to modernize citizen services, automate critical workflows, and secure data across agency boundaries. DOWNLOAD

Disaster Management Preparedness and Recovery Guide: Tools and Strategies for State Agencies State government agencies play a pivotal role in managing disaster responses, from wildfires to infrastructure failures – but with limited resources and increasing demands, how do agencies effectively plan, mitigate, and recover? This eBook provides a breakdown of the disaster management lifecycle, innovative technologies, and process improvements that any state agency can implement. DOWNLOAD

Drivers of Lifetime Income What enables economic mobility? We analyzed hundreds of research studies and surveyed thousands of Americans to identify 28 life experiences that drive lifetime income. SEE THE RESEARCH

El Paso Breaks Ground on First U.S. Facility to Turn Wastewater Into Drinking Water When it opens in 2028, the advanced filtration plant will supply 10 million gallons a day, the first in the country to convert wastewater directly into drinking water. READ MORE

Essential Compliance Guide for Clerks Learn how purpose-built software can help government clerks tackle key challenges like open meetings laws, public records requests, and accessibility mandates. DOWNLOAD

Five Steps to Good Governance Managing and governing public sector data is more complex than ever. Agencies are handling growing volumes of information while navigating an increasingly stringent regulatory landscape. At the same time, outdated systems and manual processes create inefficiencies, increase security risks, and make compliance a constant challenge. DOWNLOAD

Florida Database Would Assist in Voting Rights Restoration A House bill would create a database to track information on the progress of certain individuals with felony convictions. Its aim would be to help those eligible determine whether their voting rights could be restored. READ MORE

Fraud Attack Targeting Financial Institutions Using Stolen Massachusetts Identities Socure identified and stopped a surge in fraudulent activity targeting the retail banking and credit card operations of large financial institutions with stolen Massachusetts identities. READ MORE

Georgia Crime Victims Oppose Governor’s Bill to Limit Lawsuit Damages GOP Gov. Brian Kemp is pushing hard for a civil litigation overhaul, contending that excessive damages are harming businesses and driving up insurance costs. Opponents say it would give too big a break to negligent companies. READ MORE

gWorks Expands in U.S. South via Acquisition of BBI Backed by private equity and based in the Midwest, gWorks sells billing, permitting and other tools to local governments, utilities and special districts. BBI, meanwhile, has more than 300 clients in Mississippi and Louisiana. READ MORE

How Indianapolis Teaches Ethical AI to Government Workers Following an internal survey that exposed a significant lack of artificial intelligence policy awareness, Indianapolis and Marion County are providing AI training through a partnership with InnovateUS. READ MORE

Indiana CPO Heads to Private Sector, Successor Is Named Longtime executive Ted Cotterill has stepped down as state chief privacy officer and general counsel to the Management Performance Hub. He helped shape the legislation that codified MPH in state law in 2017. READ MORE

It's Time to Consolidate Cybersecurity Regulations An ever-growing number of regulations and standards leaves many government cyber experts wondering if more guidelines necessarily equate to better cybersecurity. READ MORE 

Keep Your Commuityt Safe with Reliable, Protected Data Public safety hinges on secure, always available data but cyber threats, system failures, and downtime can put critical operations at risk. On March 26, 2025 an expert-led webinar will address how state and local agencies can safeguard vital information, ensure instant access, and keep communities protected. Click here to REGISTER

Killing 166 Million Birds Hasn't Stopped Bird Flu. Is There a Better Way? Mass culling is expensive, but alternatives, like vaccinating chickens or luring wild birds away from domestic flocks, would also impose logistical and environmental costs. And they may be more expensive, anyway. READ MORE

Lessons From Building the First EOC on Tribal Land Since 2020, the Mandan, Hidatsa and Arikara Nation's emergency operations center in North Dakota has grown from an office in the back of a gym to a 24/7 hub for large-scale disaster response. Here's how they did it. READ MORE

Local Governments Are Helping Laid-Off Federal Workers Find Jobs State and local officials are working to mitigate the impact of cuts to the federal workforce spearheaded by the Department of Government Efficiency, offering career services and other resources. READ MORE

Local Governments Are Saving Millions - Here's How Budget constraints, security threats, and outdated systems hold governments back. This guide explores how six cities – including Baltimore, Denver, and Tulsa – moved their finance and HR operations to the cloud, saving millions, reducing paper, and streamlining services. DOWNLOAD

Make Your Clerk's Office More Efficient Administrators have a lot on their plate. Learn how streamlining tasks with the right tools can help you work smarter and provide better service to your community. DOWNLOAD

New Jersey Gov. Aims to Modernize Aging Transit Fleet In his final budget proposal, Democrat Phil Murphy calls for replacing old and unreliable buses and rail cars. READ MORE

New North Carolina State CISO Was Nonprofit Cyber Leader Bernice Bond is taking the helm of the state Department of Information Technology’s Enterprise Security and Risk Management Office, after serving as CISO at a global research firm. She started her new role this week. READ MORE

Newsom Names Nick Maduros Secretary of Calif. GovOps Agency The director of the state Department of Tax and Fee Administration is stepping in for Government Operations Agency Secretary Amy Tong. The former state CIO will continue to lead on efforts around innovation and efficiency. READ MORE

Nine Months in, 200K-Plus New Yorkers Have Gotten Mobile ID The state Department of Motor Vehicles announced availability of the digital driver’s license, learner permit or ID in June 2024. It is accepted at a growing number of businesses and airports in New York and nationally. READ MORE

North Dakota Works to Assess, Improve IT at the Human Level The state’s CIO Corey Mock comes to the role direct from the Legislature. He brings technology policy and budget knowledge with him to government IT, and the ability to speak the language of lawmakers. READ MORE

NYC Turns to ‘Micro-hubs’ to Address Package Delivery Woes The demands of parcels coming and going, and other stressors at the curb, are prompting cities to design new approaches to managing these spaces. Often, they are turning to data and technology for support. READ MORE

Ohio Officially Asks Feds to Allow Medicaid Work Requirements GOP Gov. Mike DeWine wants more able-bodied recipients to work to receive benefits. Such requirements in other states have been held up in court but Congress might make them universal. READ MORE

Oklahoma Could Alter Tax Breaks That Only Help Men’s Sports Last year, the state offered new incentives to professional teams. Now some lawmakers want to extend them to women’s teams. READ MORE

Online Reporting System Prevents Indiana School Shooting A tip to the Sandy Hook Promise Say Something Anonymous Reporting System prevented a mass shooting this month at Mooresville High School in Indiana. The system allows students to submit tips via app, website or hotline. READ MORE

OpenAI Announces 'NextGenAI' Higher-Ed Consortium OpenAI has committed $50 million for research and technology to support AI breakthroughs at 15 institutions including the University of Michigan, the California State University system and Harvard University. READ MORE

Pa. Looks to Safeguard Accounts After SNAP Cyber Theft State officials are investigating the electronic theft of more than $10,000 in federal Supplemental Nutrition Assistance Program benefits from at least 71 Meadville residents. Precisely how the incidents occurred is unclear. READ MORE

Pennsylvania Gov. Gives Hiring Preference to Federal Workers Democrat Josh Shapiro has ordered state agencies to give fired federal workers hiring preference, akin to that given to state employees. He said Pennsylvania will benefit from their skills and experience. READ MORE

Power for Data Centers Could Come at ‘Staggering’ Cost to Consumers The share of electricity used by data centers is projected to triple by 2028. A Harvard study warns that consumers could end up subsidizing their utility bills. READ MORE

Protecting Your Content Against Cyber Threats and Data Loss Learn how a modern content security strategy can help your agency safeguard sensitive information, maintain compliance, and enhance service delivery. DOWNLOAD

Ranks Reduced at 18F, GSA’s Nimble, Long-Serving Tech Squad About 70 staffers at the federal digital consulting office within Technology Transformation Services were reportedly dismissed over the weekend. Its work has included the site login.gov, a single logon to popular federal sites. READ MORE

Ransomware 2025: Lessons from the Past Year and What Lies Ahead Ransomware attacks hit another record in 2024, and attacks in 2025 are not slowing down. So what’s new and what can we learn about ransomware as we move forward? READ MORE

RapidSOS Adds a Real-Time Video Tool to Its Offerings The public safety technology firm has partnered with home security company Arlo to provide more video data to first responders. The service could speed up responses and reduce false alarms. READ MORE

Reduce Risk without Sacrificing Collaboration This white paper explores how organizations can leverage the Intelligent Content Cloud to secure information, prevent data breaches, and streamline compliance—without disrupting productivity. Learn the six key pillars of modern cloud security and discover best practices for protecting your most valuable information. DOWNLOAD

Regional Higher Ed Centers Teach, Share Cybersecurity From theory to practice, regional security operations centers empower college and university students to apply cybersecurity learning in real-world scenarios, while providing protection to cities and others needing coverage. READ MORE

Should It Be Illegal to Threaten Public Officials? Threats and harassment have become common, prompting an Oregon proposal to criminalize such behavior. Although limited to threats of imminent violence, critics say it would still stifle free speech. READ MORE

Southern, Midwestern Bills Propose Cyber, Data Safeguards Lawmakers in Arkansas and Missouri are considering legislation that would bolster cyber reporting and data privacy standards for businesses; and, in Texas, tighten cybersecurity standards for water utilities. READ MORE

States Consider Capping Home Purchases by Large Investors An upsurge of corporate purchases of single family homes has sparked legislation in at least half a dozen states this year.  READ MORE

Texas Lawmakers Prepare $6 Billion Property Tax Break The House and Senate are pursuing separate approaches that would give more relief either to homeowners or commercial properties. READ MORE

Texas Leader Offers Tangible Help to Trump's Deportation Effort As Texas land commissioner, Dawn Buckingham controls 13 million acres. She intends to give the Trump administration as much of it as they need to secure the border. READ MORE

The API Security Crisis: What IT Leaders Need to Know Now APIs now make up more than half of internet traffic—but they’re also an overlooked security risk. This report reveals why organizations are struggling to discover, manage, and secure APIs, and the hidden attack surfaces that put sensitive data at risk. DOWNLOAD

The Coming Revolution in Pension Investment Technology AI’s rapidly advancing offspring will benefit portfolio managers as ever-more-intelligent systems drive better investment results. But that’s just the start. READ MORE

The Impacts of a Fragmented AI Legislative Landscape In the absence of comprehensive federal legislation on artificial intelligence, states have taken policymaking into their own hands, leading to a varied legislative landscape. Doing so, however, can clarify the rules of the road. READ MORE

The Long History of Executive Excess Allegations that presidents, governors and mayors are acting like dictators have been part of American government ever since the nation was founded. READ MORE

The Rising Call for Regulating Police Robots Police have increasingly adopted drones and ground robots to supplement their work. But departments often lack clear policies on the tools’ uses. READ MORE

Washington Could Raise Taxes on Tech to Pay for Higher Ed Currently, the “advanced computing surcharge” on companies such as Amazon and Microsoft is capped at $9 million apiece. Eliminating the cap could triple such revenues to $200 million. READ MORE

WEBINAR: Navigating AI-Powered Cyber Threats: What Governments Need to Know [March 24] This webinar explores how AI-driven threats are changing the game--and what actually works to stop them. REGISTER

What Celebrities Can Bring to Local Governance They can call attention to important social causes, and they can invest in their communities. They might even hold public office themselves. READ MORE 

When Rain Gauges Get Smart, Regions Can Be Better Prepared A sewer district in Ohio is using rain gauge data, coupled with radar and other inputs, to better understand how rain events will impact its service area. The goal is to inform residents about extreme weather. READ MORE

Why are cyber criminals sending their demands by snail mail? READ MORE

Wyoming Enacts Universal School Voucher Program The new law will offer families $7,000 annually per child for costs such as tuition and tutoring. It will also offer funding for pre-K costs, but only to income-qualified families. READ MORE

You’re a Fired Fed? Run for Office. Former federal workers offer a range of skills and experience that we need among elected officials at every level of government. READ MORE

 

Where substantial evidence exists, a reviewing court may not substitute its judgment for that of the administrative agency, even if the court would have decided the matter differently

The New York City Office of Administrative Trials and Hearings [OATH] reversed the decision of an OATH hearing officer made after a hearing what dismissed charges filed against Plaintiff and:

[1] reinstated charges filed against Plaintiff alleging two violations of the Administrative Code of the City of New York; and

[2] imposed $50,000 in civil penalties against Plaintiff. Contending OATH's action was arbitrary and capricious and not based upon substantial evidence in the record.

Plaintiff filed a petition pursuant to Article 78 of the CPLR challenging OATH's action. Supreme Court granted Plaintiff's petition and OATH, and the New York City Department of Buildings [Buildings], appealed the Supreme Court's ruling.

The Appellate Division vacated the lower court's judgment and, confirming OATH's ruling, dismissed Petitioner's Article 78 action and awarded OATH and Buildings one bill of costs.

Citing Matter of Doran v Town of Babylon, 219 AD3d 832, the Appellate Division explained that "Pursuant to CPLR 7804(g), when a petition filed in the Supreme Court seeks relief pursuant to CPLR Article 78 and raises a question of whether an administrative determination is supported by substantial evidence, the proceeding should be transferred from the Supreme Court to the Appellate Division to address that issue" although "[before] transferring the matter, the Supreme Court 'shall first dispose of such other objections as could terminate the proceeding, including but not limited to lack of jurisdiction, statute of limitations and res judicata, without reaching the substantial evidence issue'".

In this instance Plaintiff's petition raised the issue of whether OATH's determination was supported by substantial evidence, and the parties did not raise, and the Supreme Court did not address, any objection that could have terminated the proceeding within the meaning of CPLR 7804(g). 

Although Supreme Court should have transferred the proceeding to the Appellate Division, the Appellate Division decided that "because the record is now before us, [it would] review the administrative determination de novo" and observed:

1. "Judicial review of an administrative determination made after a hearing required by law, and at which evidence was taken, is limited to whether that determination is supported by substantial evidence";

2. "Substantial evidence is related to the charge or controversy and involves a weighing of the quality and quantity of the proof; the term means such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact" ....  "Stated otherwise, "[s]ubstantial evidence is 'less than a preponderance of the evidence' and 'demands only that a given inference is reasonable and plausible, not necessarily the most probable'"; and

3. "When there is conflicting evidence or different inferences may be drawn, the duty of weighing the evidence and making the choice rests solely upon the administrative agency".  In other words, "[w]here substantial evidence exists, the reviewing court may not substitute its judgment for that of the agency, even if the court would have decided the matter differently".

Finding that OATH's determination was supported by substantial evidence and that "the civil penalties imposed for maintaining the illegal conversion ... was not so disproportionate to the offense as to be shocking to one's sense of fairness", the Appellate Division sustained OATH's and Building's appeal.

Click HERE to access the Appellate Divisions decision posted on the Internet.

Appeal concerning alleged violations of New York State's Open Meetings Law dismissed by the Commissioner of Education for "lack of jurisdiction"

Although the Respondent's admitted that it failed to hold public meetings that complied with New York State's Education Law §2590-e(14) and New York State's Open Meetings Law [Public Officers Law §§100, et seq.], the Commissioner of Education ruled that the allegations that the Respondent violated New York State's Open Meetings Law must be dismissed as New York State's Open Meetings Law [Public Officers Law §107] "vests exclusive jurisdiction over alleged violations of the  Open Meetings Law in the Supreme Court of the State of New York", citing Appeal of Flippen, 57 Ed Dept Rep, Decision No. 17,296 and other Decisions of the Commissioner of Education. 

In the words of the Commissioner: The Commissioner of Education "has no jurisdiction to address the Open Meetings Law allegations raised in this appeal."

Addressing the Petitioners' efforts to have a member of the Respondent's Board removed from their respective positions, the Commissioner pointed out that one  individual had been earlier been removed from the position by the then Chancellor for the remainder of that individual's current term of office and thus this element of the appeal "must be dismissed as moot."

With respect to merits' of the Petitioners' application, the Commissioner said a school officer or member of a board of education may be removed from office "when it is proven to the satisfaction of the Commissioner that the officer or board member has engaged in a willful violation or neglect of duty under the Education Law or has willfully disobeyed a decision, order, rule, or regulation of the Board of Regents or the Commissioner".

Citing 8 NYCRR 275.10, the Commissioner said to be considered willful the action of the individual act or omission "must have been intentional and committed with a wrongful purpose" and the "petitioner has the burden of demonstrating a clear legal right to the relief requested and establishing the facts upon which he or she seeks relief".

In this instance the Commissioner concluded that the "Petitioners have failed to prove that the actions of the remaining members ... warrant removal" as one member had been earlier removed and evidence was submitted that the Respondent "is complying with the terms of the preliminary injunction". Accordingly, the Commissioner declined to award the relief requested by Petitioners, including removal of the remaining members of the Respondent's board.

The Commissioner's decision concluded by observing that this "outcome should not be interpreted as an endorsement of [the Respondent's] conduct [as it serves] families holding a variety of political, social, and religious beliefs." 

Further, opined the Commissioner, "It did them a disservice by engaging in viewpoint discrimination and seeking to silencing those who disagreed.  This contravened [the Respondent's] internal guidelines, which acknowledge that '[p]eople can disagree' and that '[d]ifferences in perspectives foster our learning'”, noting "Further conduct like this will be considered a neglect of duty within the meaning of Education Law §306(1)".

Click HERE to access the Commissioner's decision posted on the Internet.

New York City Fire Department's process for resolving requests for accommodations to its COVID-19 vaccine mandate found to comply with relevant requirements of law

The New York City Uniformed Firefighters Association, et. al. [Petitioners] initiated a CPLR Article 78 proceeding contending the New York City Fire Department's [NYFD] "reasonable accommodation process related to the Citywide vaccine mandate" did not provide for "engaging in cooperative dialogue or providing reasons for exemption denials". Supreme Court dismissed the proceeding and the Association appealed the Supreme Court's decision.

The Appellate Division affirmed the lower court's ruling, holding:

1. The Association did not "established that the City's process for resolving requests for accommodations to the vaccine mandate fell short of the requirements" of either the City Human Rights Law or the State [Human Rights Law];

2.  Petitioners were informed about how to apply for religious and medical accommodations and how to appeal denials, and they availed themselves of this process;

3.  FDNY explained why their applications did not qualify for an accommodation, and the parties further engaged in the administrative appeals process;

4. FDNY also provided evidence that it received "over 2,000 religious and medical accommodation requests that needed to be resolved under a constrained timeline during an evolving public health emergency"; and

5. Under the circumstances, Petitioners have not established that New York City's Human Rights Law "required a more robust or individualized dialogue than the process they received."

Citing Matter of Ryskiejko v City of New York, 232 AD3d 432 and other decisions, the Appellate Division rejected the Petitioners' argument that a summary dispensation [was] warranted because an order dated August 1, 2022 held that Petitioners "had a likelihood of success on the merits concerning the alleged failure to engage in cooperative dialogue" in that such an argument ignored an Appellate Division precedent in which the procedures being challenged in the instant proceeding were sustained. 

In the words of the  Appellate Division, "Nor do we agree with [Petitioners] that the denials by the FDNY finding both insufficient proof and undue hardship and, later, the denials of their administrative appeals by the City of New York Reasonable Accommodation Appeals Panel, provided insufficient explanations," citing Matter of Bryan, 222 AD3d at 473; Matter of Lee v City of New York, 221 AD3d 505 at 506.

Click HERE to access the Appellate Divisions decision posted on the Internet.

N.B. See, also, Goolsby v City of New York, 2025 NY Slip Op 01189, decided by the Appellate Division and posted on the Internet on March 4, 2025

Employee's requested COVID-19 accommodations held to result in an undue hardship on the employer

Plaintiff appealed the judgment of a United States Federal District Court granting summary judgment in favor of the Defendant [School District]. Plaintiff had alleged that the School District [1] "did not provide a reasonable accommodation for her religious beliefs when she refused to receive a COVID-19 vaccination or submit to weekly COVID-19 testing" and [2] retaliated against her based upon those beliefs by placing her on unpaid leave in violation of §3020-a of New York State's Education Law.

The United States Circuit Court of Appeals concluded that the Federal District Court did not err in granting summary judgment in favor of the School District and in declining to exercise supplemental jurisdiction over Plaintiff’s New York state law claims and affirmed the judgment of the district court.

The district court held that the School District did not violate Title VII because Plaintiff's requested accommodations were not reasonable, concluding that granting Plaintiff the requested exemption [1] would have caused the District to violate state law; [2] permitting Plaintiff to work remotely would have prohibited [Plaintiff] from performing necessary in-person job functions; and [3] caused the District to incur substantial costs by hiring a replacement to cover [Plaintiff's] in-person tasks."

Addressing Plaintiff's religious discrimination claim, the Circuit Court concluded that "Even assuming arguendo that [Plaintiff] stated a prima facie religious discrimination claim, the district court correctly determined that summary judgment in the District’s favor was warranted based upon the undue hardship posed by the requested exemption from the vaccine or testing mandate and by the proposed accommodation to allow her to work remotely".

Referring to Second Circuit precedent, the Circuit Court, citing Bey v. City of New York, 999 F.3d 157 and Cassano v. Carb, 436 F.3d 74, noted "an accommodation that would require an employer to violate the law imposes an undue hardship".  Accordingly, the Circuit Court opined that summary judgment in the School District’s favor was warranted "based upon the undue hardship posed by the requested exemption from the vaccine or testing mandate and by the proposed accommodation to allow [Plaintiff] to work remotely"  

With respect to Plaintiff's claim asserted pursuant to the Genetic Information Nondiscrimination Act [GINA], the district court had concluded that personal and family vaccine history did not constitute genetic information within the meaning of the statute and thus Plaintiff failed to show that the questions asked by the School District concerning her family’s medical history violated GINA. The Circuit Court of Appeals agreed.

Click HERE to access the Second Circuit Court's decision posted on the Internet.

Adjudicating allegations of bullying and harassment of a student by a teacher

Petitioner in this appeal to the New York State Commissioner of Education challenged the decision of the Board of Education concerning alleged bullying and harassment of a student by a teacher employed by the Board and sought to have the teacher dismissed because of the teacher alleged to having bullied and harassed a  student. The Commissioner ruled that the appeal must be dismissed and the application denied.

The Commissioner's decision stated the school district’s Dignity Act coordinator had investigated the alleged wrongdoing and determined that there was insufficient evidence of a Dignity Act violation having occurred.  An appeal to school district was denied by letter and this appeal to the Commissioner filed.

The School District contended that the appeal should be dismissed because of a number of procedural errors made by Petitioner, because the Petitioner failed to meet her burden of proof, and because the appeal had become moot as the teacher resigned had from the position at the end of the relevant school year.

Addressing procedural omissions alleged by the School District, the Commissioner said Petitioner’s application for removal must be denied for lack of the required notice, explaining §277.1 (b) of the Commissioner’s regulations requires "specific notice" with respect to removal applications pursuant to Education Law §306,* which is distinct from the notice required under §275.11(a) for appeals filed pursuant to Education Law §310 and proper notice is required to secure jurisdiction over the intended respondent and alerts the respondent that he or she must appear in the removal proceeding and answer the allegations contained in the application". 

In addition, the Commissioner observed that "a removal application that does not include the specific notice required by 8 NYCRR 277.1 (b) is fatally defective and must be denied." 

As the Petitioner 's removal application lacked the required notice the Commissioner denied the  Petitioner's application seeking removal of the teacher.

Addressing the merits of Petitioner's appeal, the Commissioner said the Dignity Act defines “harassment” and “bullying,” as “the creation of a hostile environment by conduct or by threats, intimidation or abuse, including cyberbullying ....” and may be created where bullying or harassment:

(a) has or would have the effect of unreasonably and substantially interfering with a student's educational performance, opportunities or benefits, or mental, emotional or physical well-being; or

(b) reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety; or

(c) reasonably causes or would reasonably be expected to cause physical injury or emotional harm to a student .... **

Further, the Commissioner's decision states that a district’s Dignity Act determination will only be reversed upon a showing that it was arbitrary or capricious and in an appeal to the Commissioner the petitioner has the burden of demonstrating a clear legal right to the relief requested and establishing the facts upon which he or she seeks relief.

The Commissioner determined that the record demonstrated that the School District appropriately responded to Dignity Act complaint submitted by Petitioner and the School District's Dignity Act coordinator "promptly investigated by interviewing the student and reviewing the complaint and supporting materials" and ultimately determined that the complaint “was not based on harassment, bullying, or discrimination as defined in [the Dignity Act], but rather [Petitioner’s] conflict with [the teacher’s] general teaching/advising style.”

With respect to the Petitioner’s evidence, the Commissioner said it consisted "of hearsay statements and [the Petitioner's] subjective interpretation of correspondence from the teacher". 

Weighing the probative value of the parties’ submissions in the record, the Commissioner found that Petitioner [1] "failed to prove that the school district's decision was arbitrary or capricious" and the Petitioner had [2] "not identified any relief that can be awarded at this juncture as the teacher has resigned" and dismissed Petitioner's appeal. 

---

* The Commissioner observed that Education Law §306 only applies to “school officers,” and not school employees such as a teacher.

** In a footnote to the Commissioner's decision the Commissioner indicated that a "fourth and final definition, subsection (d), concerns the circumstances under which off-campus conduct may constitute bullying or harassment" (See Education Law §11 [7] [d]).

Click HERE to access this decision of the Commissioner posted on the Internet.