The Office Of Attorney General Andrew Cuomo Sent The Following Letter To School Districts And Boards Of Cooperative Educational Services (boces) Across The State:


      We are investigating various employment practices utilized by some public school districts and Boards of Cooperative Educational Services (BOCES) in New York state.

      There may be situations in which individuals improperly sought classification as full- or part-time “employees” to receive government benefits that they might not otherwise be entitled to as consultants, professional firms or other service providers. If these individuals are not acting as “employees,” as defined by the federal Internal Revenue Service and state law, they are not entitled to participate in the New York State Employees’ Retirement System or the New York State Health Insurance Program. There may also be situations in which a board, district or subdivision sought to classify individuals as employees in order to qualify for New York State reimbursement or cost sharing arrangements.

       To the extent you are required to report the status of your employees, you are obligated to report accurately. If you are aware of any situation raising questionable actions or practices in these areas, please contact Ellen Biben in my office’s Public Integrity Bureau at 212-416-8090 or email at

       I am advising and informing the State Education Department as to the results of this inquiry as Commissioner Mills has referred related matters to me for investigation.

       I am sure you share my interest in ensuring the highest standards of public integrity in our great State.

      Thank you for the cooperation.