General Counsel presented New York State School Boards Association (NISBA) sample policy updates and recommended next steps at the Rochester Board of Education work session on June 9.
Key items reviewed: Counsel walked the board through sample policy 2210 (board organization — optional update not applicable to large city districts), 4765 (virtual/blended/remote instruction alignment with state regulations), 5422 (new diapering and toileting protocols developed to reflect Education Law §305), and multiple student policies (5100 attendance, 5152 students in temporary housing, 5210 student organizations). Counsel recommended the board review suggested changes and determine whether to align district policy language with NISBA's updates.
Terminology question: Several commissioners questioned NISBA's suggestion to replace the federal/state term "homeless child" with "student in temporary housing." Commissioner Griffin asked whether the narrower-sounding phrase might exclude students living in cars or on the street; General Counsel said the suggested change appears to be a language update meant to reduce stigma and that it does not remove the district’s legal obligations under the McKinney‑Vento Act. The board asked administration to obtain further clarification from NISBA on the rationale for the recommended wording.
Policy actions on the table: The board voted to send multiple 7000-series facilities policies and several 5000-series students policies forward to the business meeting for consideration; policy 5100 (student attendance) was withdrawn from consideration to allow additional administrative review.
What to watch next: Administration will provide any clarifying guidance from NISBA and bring revised policy text back for board action. Any final changes that differ from federal or state statutory language will be noted by counsel.
Quote: "We received a second installation in April from NISBA..." General Counsel said while summarizing the recommended updates. Commissioner Griffin asked, "Why are we changing it specifically to temporary housing when there might be people experiencing a lot more?" Counsel replied the change is intended as a language update and would not alter McKinney‑Vento obligations.
Limitations: Counsel presented NISBA sample language and identified which updates are required vs. recommended. The board did not adopt new policy language at the work session and explicitly withdrew policy 5100 for further work.