Education & Human Services News September 19, 2019

Governor Rolls Out Information on Red Flag Law

Governor Cuomo launched a statewide education campaign to help teachers, school administrators and parent representatives understand the new Red Flag gun safety law. This law establishes a new civil procedure that allows a concerned family member, school official or member of law enforcement to obtain an Extreme Risk Protection Order to remove and keep guns away from individuals who pose a serious risk of harm to themselves or others. This Order specifically prohibits a person from purchasing or possessing a firearm, rifle or shotgun while the order is in effect. The Governor also launched a call center and a new website offering information and links to step-by-step instructions about how to apply for an Extreme Risk Protection Order. The first education conference was held this week on Long Island, and additional conferences are planned for later this fall in Manhattan and Albany.

NYS Senate to Host Roundtables Looking at Foundation Aid

Senator Shelley Mayer, Chair of the Senate Education Committee, announced she will host a series of roundtables around the state that will give experts, parents and others a forum to highlight problems with the state’s “foundation aid” formula. She will host the roundtables along with Sen. Brian Benjamin, chair of the Senate Committee on Budget and Revenues. According to a news article, Mayer hopes to collect feedback by the end of the year, which she can use to inform state budget negotiations in the spring. Her goal is for state aid to be distributed fairly so that all districts have the resources they need without overburdening property taxpayers. Hinman Straub will monitor these roundtables and send out periodic updates to clients that may include opportunities to participate in hearings, provide public comment, or submit recommendations. 

Former New York State Commissioner of Education MaryEllen Elia to Become Senior Fellow

The International Center for Leadership in Education (ICLE), a division of learning company Houghton Mifflin Harcourt (HMH), announced that MaryEllen Elia, former Education Commissioner of New York and President of the University of the State of New York (USNY) has joined ICLE as a senior fellow. ICLE, one of the nation’s leading education consulting companies, researches and disseminates best practices for district-wide achievement and is known for its high-impact work around school transformation.

Governor Implements First-in-the-Nation Ban on Flavored E-Cigarettes

Governor Cuomo announced that New York State is the first state in the nation to implement a ban on the sale of flavored electronic cigarettes and nicotine e-liquids, following a vote on emergency regulations by the Public Health and Health Planning Council. This is the latest in a series of actions to combat the increasing number of youth using vape products, which have come under national scrutiny following a rising number of cases of vaping-associated respiratory illnesses.

Enrollments Increase for Excelsior Scholarship

Governor Cuomo announced earlier this month a 20 percent increase in Excelsior Scholarships in year two of the program. Approximately 24,000 SUNY and CUNY students are estimated to receive the Excelsior Scholarship at the completion of year two, up from 20,000 scholarships in year one. The Governor also announced that the preliminary two-year on-time graduation rate of Excelsior students attending a SUNY and CUNY community college is twice as high as the typical graduation rate.

Department of Economic Conservation Announces Arbor Day Poster Contest

The Department of Environmental Conservation (DEC) announced the start of DEC’s annual State Arbor Day poster contests. Each year, DEC’s Urban and Community Forestry program offers two artwork contests for New Yorkers-one for all members of the public, and one specifically for fifth-grade students. Both contests aim to promote the immeasurable value of trees in the environment and New Yorkers’ lives. Posters must be submitted to the participant’s local DEC regional office by Dec. 20, 2019, to allow time for judging and printing artwork.

Legislative Spotlight

The following bills have been signed into law by the Governor:

“Elijah’s Law” Anaphylactic Policies for Child Care Services

A6971-B Taylor   

S218-B Benjamin

This law requires the Department of Health, in consultation with the Office of Children and Family Services (OCFS), to establish an anaphylactic policy regarding food allergies for child day care providers, setting forth guidelines and procedures to be followed for both the prevention of anaphylaxis and during a medical emergency resulting from anaphylaxis. The policy will also include a training course for child day care personnel (in some cases pre-existing training courses may fulfill the new requirements). The state agencies will create informational materials detailing such anaphylactic polices which will be distributed to child day care providers within the next six months. Child day care providers will be required to update, as appropriate, their anaphylactic policy in accordance with those developed by the state. Child day care providers will also be required to provide a copy of their anaphylactic policy to parents upon enrollment of their child in day care, and annually thereafter. See the press release from the Governor here.

  • Effective Date: Immediately 

Adoption by a Petitioner Where such Petitioner’s Parentage is Legally-Recognized

A460 Paulin  

S3999 Hoylman

This law prohibits New York State courts from denying child adoptions to petitioners who are already a legally-recognized parent solely on that basis. The bill protects parents whose names were not on the birth certificate, same-sex couples, and parents who had a child through surrogacy from being denied an adoption when the parent petitioning is already recognized as the child’s parent. See the press release from the Governor here.

  • Effective Date: Immediately

September 11th Remembrance Day

A1801-B Pheffer Amato

S4166-A Addabbo

This law establishes September 11th Remembrance Day. The new law allows for a brief moment of silence in public schools across the state at the beginning of the school day every September 11th to encourage dialogue and education in the classroom, and to ensure future generations have an understanding of the September 11, 2001 terrorist attacks and their place in history. See the press release from the Governor here.

  • Effective Date: Immediately

“Erin’s Law” New Curriculum on Preventing Child Sexual Exploitation and Abuse

A2577-B Dinowitz 

S4070-B Biaggi

This law requires public schools to provide curriculum designed to prevent child sexual exploitation and child sexual abuse to all pupils in kindergarten through eighth eight. The Department of Education, in consultation with the Department of Health, will promulgate regulations and model curriculum and resources.

  • Effective Date: July 1, 2020

Information on Concussions

A6968-A Benedetto   

S 2958-A Krueger

This law provides parents or guardians of children participating in tackle football programs informational packets regarding concussions and sub concussive blows, and the injuries that may result from receiving such blows.

  • Effective Date: 90 days after it becomes law

Small Group Insurance

A4947 Cook   

S2043 Seward

This is a chapter amendment (Chapter 457 of the Laws of 2018) to extend provisions of law relating to catastrophic or reinsurance coverage issued to certain small groups and to exempt certain municipal corporations from small group rating standards.

  • Effective Date: Immediately 

Proceedings Against Juvenile and Adolescent Offenders

A8315 Lentol   

S6550 Bailey

This law allows off-hour arraignment magistrates to remove certain eligible cases to family court at the initial appearance. Under current law, off-hour accessible magistrates are not authorized to remove a case to the family court at the initial appearance even if all parties agree it belongs in does not belong in criminal court.

  • Effective Date: Immediately 

Adjustment of Juvenile Delinquency

A7939 Jaffee   

S6475 Bailey

This law requires probation to consider the views of the complainant, and the impact of the alleged act of juvenile delinquency, to determine if an adjustment would be suitable and divert appropriate cases from formal juvenile delinquency processing.

  • Effective Date: 90 days after it becomes law 

Expansion of Community Gardens

A6019-A Ortiz

S2767-A Comrie

This law encourages the expansion of the production of fresh fruits and vegetables in areas served by community gardens so that such fresh produce can be consumed locally. It also seeks to assist, support and encourage communication between community garden organizations and, where applicable, the Department of Health, the Department of State, the Office of Children and Family Services and the Division of Housing and Community Renewal.

  • Effective Date: Immediately 

Office of Addiction Services and Support

A7347 Rosenthal L  

S6591 Harckham

This law renames the Office of Alcoholism and Substance Abuse Services to the Office of Addiction Services and Supports, and expands the scope of responsibilities of such office.

  • Effective Date: Immediately 

Education on E-Cigarettes

A481-A Rosenthal L  

S301-A Hoylman

This law seeks to educate and discourage the use of e-cigarettes amongst minors by including education on electronic cigarettes and liquid nicotine in school-based tobacco use prevention and control programs.

  • Effective Date: Immediately 

Leukemia, Lymphoma And Myeloma Research, Education and Treatment

A4481 Cusick  

S4423 Robach

This law provides a program to promote leukemia, lymphoma and myeloma research, education and treatment and authorizes the commissioner of taxation and finance to create a check-off gift on individual income tax returns for contributions to leukemia, lymphoma and myeloma research, education and treatment. 

Extenders

  • A7603 Hevesi/S6314 Persaud– This law extends current exemptions of income and resources for public assistance programs for two years.
  • A7591 Reyes/S5858 Persaud– This law extends the Interagency Task Force on Human Trafficking, originally established in 2007, for two years. 

New York State Register

Removal of Non-Medical Exemption from Vaccination Regulations for Child Day Care Programs

The Office of Children and Family Services (OCFS) has issued a notice of emergency adoption and proposed rule making to remove the existing religious exemption from immunization requirements as currently provided for children in licensed, registered and enrolled legally-exempt child care programs. Public comment will be received for 60 days.

School Immunization Requirements

The Department of Health has issued a notice of emergency adoption and proposed rule making to eliminate any reference to nonmedical exemptions to vaccination rules for school admissions. In addition, this regulation clarifies that a child may only receive a medical exemption from vaccination requirements when there is a medical contraindication or precaution to a specific immunization consistent with ACIP guidance.

Public comment will be received for 60 days.

Limits on Executive Compensation

  • The Department of Health has issued a notice of proposed rule making to remove the ‘‘Soft Cap’’ prohibition on covered executive salaries. Public comment will be received for 60 days.
  • The Office of Victim Services has issued a notice of proposed rule making to remove the ‘‘Soft Cap’’ prohibition on covered executive salaries. Public comment will be received for 60 days.

Eligibility Criteria for Student Financial Aid Award Programs

The Higher Education Services Corporation (HESC) has issued a notice of adoption to amend eligibility criteria for college students to participate in State student financial aid award programs. The eligibility criteria set forth in regulation now conform to changes signed into law under the New York State DREAM Act earlier this year, which opened eligibility for these student aid programs to undocumented students and certain other individuals who lack citizenship and/or permanent residency status.

SUNY College Fees

The State University of New York has issued a notice of proposed rule making to  increase the college fee charged at State-operated campuses, excluding the four University Centers. Public comment will be received for 60 days.

Eligibility Requirements for the Endorsement Pathway for Certification as an Educator in the Classroom Teaching Service

The State Education Department has issued a notice of emergency adoption to continue greater flexibility for out-of-state candidates who demonstrate their efficacy as an educator in another state but are currently not eligible for the endorsement pathway because they do not meet all of the requirements. Emergency adoption is necessary for teachers wishing to apply for positions during the 2019-20 school year. The department intends to adopt the provisions of this emergency rule as a permanent rule, having previously submitted proposed rule making on June 19, 2019.

Statement of Continued Eligibility for Certain Teachers of Students with Disabilities

The State Education Department has issued a notice of emergency adoption to extend the application deadline for the statement of continued eligibility (SOCE) for certain teachers of students with disabilities from July 1, 2019 to June 30, 2020. By extending the application deadline, the teachers who hold the Students with Disabilities (Grades 7-12) content specialist certificate, Students with Disabilities (Grades 5-9) Generalist certificate, Students with Disabilities (Grades 5-9) content specialist certificate, and Special Education (K-Grade 12) certificate would have more than one year to apply for the SOCE instead of only approximately four months. The extension would give these teachers the time needed to collect and submit the documents required for the SOCE application. The proposed amendment also extends the time period upon which the experience must be completed from July 1, 2019 to June 30, 2020. The department intends to adopt the provisions of this emergency rule as a permanent rule, having previously submitted proposed rule making on June 19, 2019.

Funding Opportunities

Cost Study and Operation of Certified Public Expenditure (CPE) Reimbursement Methodology for the Preschool/School Supportive Health Services Program (SSHSP)

The New York State Department of Health (Department), as the single State agency for the Medicaid program, is seeking a contractor to conduct annual cost studies to determine actual direct and indirect costs incurred by public school districts and counties (preschools) for medical care, services, and supplies, including related special education services furnished to children with disabilities. In addition, this contractor will operate a certified public expenditure (CPE) reimbursement methodol ogy for public school districts and counties for services delivered under the Preschool/School Supportive Health Services Program (collectively, “SSHSP”).

Due September 20, 2019

Empire State Supportive Housing Initiative (ESSHI) Round 4

New York State is issuing this Request for Proposals (RFP) to advance the five-year goal of developing more than 6,000 units of supportive housing over five years for persons identified as homeless with special needs, conditions or other life challenges. No capital funds are available through this RFP. The intent of this RFP is to provide the service and operating funding needed to operate the permanent supportive housing units in an integrated setting that will be developed through capital funding made available through capital funding mechanisms. The New York State Office of Mental Health (OMH) will serve as the lead procurement agency for this Request for Proposals (RFP) under the guidance of the ESSHI Interagency Workgroup.

Due September 25, 2019

Empire State After-School Program- AMENDED

The New York State Office of Children and Family Services (OCFS), in consultation with the New York State Education Department invites eligible school districts and not-for-profit community-based organizations to submit proposals for the establishment and/or expansion of quality after-school programs for the Empire State After-School Program (ESAP). This RFP has been amended on 9/3/2019 and the Questions and Answers (Q&A) have been released on 9/3/2019. Please see the amended RFP and Q&A documents for additional information and submission requirements.

Due October 2, 2019

Latino Health Outreach Initiative

The Department of Health (DOOH) announces the availability for funding for programs that will provide services to reduce system access barriers for Latino populations. Applications submitted in response to this solicitation should demonstrate the applicants’ ability to design and implement effective programs to provide support and mentoring services for racial and ethnic populations, specifically Latinos, using culturally and linguistically relevant, age, gender, and developmentally appropriate interventions and strategies; and use monitoring and evaluation tools to continually enhance program services.

Due October 3, 2019

Forensic Homeless Intensive Case Management Program – New York City

NYS OMH announces the availability of funds in the amount of $338,000 annually, for the Forensic Homeless Intensive Case Management (ICM) Program. This program is designed to assist mentally ill homeless individuals returning to New York City from New York State prisons with accessing housing and developing skills to remain independent and in stable housing.

Due October 23, 2019

P-TECH Cohort 5 (Reissue)

The New York State Pathways in Technology Early College High School (NYS P-TECH) Program will prepare thousands of New York students for high-skills jobs of the future in technology, manufacturing, and finance. The model incorporates an integrated six-year program that combines high school, college, and career training and will be targeted to academically and economically at-risk students. A New York State public school district or a BOCES must serve as the fiscal agent/applicant for each application.

Due October 1, 2019

Healthcare Practitioner Breast Cancer Education Research Projects (Round 3)

The purpose of the Healthcare Practitioner Breast Cancer Education Research Projects RFA is to facilitate the delivery of superior breast healthcare in New York State through an investment in the planning, development, implementation, rigorous evaluation and revision of innovative breast cancer education and communication training programs for healthcare practitioners and students of these professions. These research projects will focus on developing programs to enhance the ability of healthcare practitioners and students to become partners with their breast cancer patients, patients at-risk for developing breast cancer, and/or patients at risk of breast cancer recurrence and to communicate accurately and effectively with patients, survivors, and patients’ families. Approximately $270,000 is available to support approximately one (1) award from this RFA. The funding is available for a period of up to three years. The annual direct costs are capped at $75,000 per year. Additionally, funds will be available to support Facilities and Administrative (F&A) costs up to 20 percent of modified total direct costs.

Due October 10, 2019

2020 Conservation Preservation Grants

To encourage the proper care and accessibility of research materials in the State, to promote the use and development of guidelines and standards for conservation/preservation work, and to support the growth of local and cooperative preservation programs. To provide modest financial support for projects that contribute to the preservation of significant research materials in libraries, archives, historical societies, and other agencies within the State of New York, whether by improving collection storage environments, reformatting or treating collections or other preservation activities described in these guidelines.

Due November 8, 2019

Science and Technology Entry Program (STEP)

The New York State Education Department is pleased to announce competition for Science and Technology Entry Program (STEP) grant contracts for the period of July 1, 2020 through June 30, 2025, pending annual appropriations in the New York State Budget. The purpose of the Science and Technology Entry Program is to prepare secondary school students, who are either economically disadvantaged or minorities historically underrepresented in scientific, technical, health, health-related and licensed professions, for entry into postsecondary degree programs in scientific, technical, health-related fields, and the licensed professions. Eligible applicants include New York State degree granting postsecondary institution or consortia of such institutions with registered scientific, technical, or health related professional or pre-professional programs that lead to professional licensure or to employment in scientific, technical, and health related fields may submit proposals.

Due November 8, 2019

Collegiate Science and Technology Entry Program (CSTEP)

The New York State Education Department is pleased to announce competition for Collegiate Science and Technology Entry Program (CSTEP) grant contracts for the period of July 1, 2020 through June 30, 2025, pending annual appropriations in the New York State Budget. Eligible applicants includes degree-granting postsecondary institutions, or a consortium of such institutions, which offers an approved undergraduate program of study and/or an approved graduate level program of study.

Due November 8, 2019

Smart Start Computer Science Grant Program

The Smart Start Grant program promotes the development, implementation, and sharing of innovative programs that provide professional development and support to increase expertise in computer science, engineering, and educational technology among teachers in grades K-8, to allow such teachers to become in-house experts in the school and district. Elgible applicants include Public school districts and consortia of districts or district(s) and BOCES and professional development and support must be provided by qualified non-profit organizations or institutions of higher education. NYSED will host a live webinar on September 25, 2019 from 9:30am until 11:30am for information on applying for this grant.

Due November 19, 2019

National Dislocated Worker Grant – Hurricane Maria (NDWG – HM)

NYSDOL is making up to $401,865 for the NDWG-HM program available until January 10, 2020. This funding is available for the provision of participant outreach and Career Center enrollment, job ready and career development services, employment access and follow-up services to individuals who are unemployed or underemployed due to or impacted by Hurricane Maria and/or migrated to NYS from Puerto Rico after being dislocated due to Hurricane Maria. Single award amounts will not exceed $100,000. Applicants that receive an award under this RFA, accrue expenditures of at least 70% of the award amount, and maintain compliance with the terms and conditions of the RFA may reapply for an additional $100,000 award, if sufficient funding and time remain.

Due January 10, 2020

Community Based Residential Program

The New York State Department of Corrections and Community Supervision (DOCCS) invites applications from not-for-profit and for-profit providers for the development and operation of Community Based Residential Programs (CBRP) for individuals under Community Supervision. The CBRP is a housing initiative to assist parolees under the jurisdiction of DOCCS to attain stability in the community while providing for individual case needs and community safety.

Due January 30, 2020

Apprenticeship Expansion Grant (AEG- 2) Request for Applications (RFA)

The New York State Department of Labor (NYSDOL) is making up to $3.7 million in funding available to increase employment opportunities for approximately 800 apprentices with a focus on underrepresented populations. These apprentices will enter into trades in high-demand occupations, with a focus on the emerging fields of Advanced Manufacturing, Healthcare, and Information Technology, as well as other in-demand occupations. Please note that this solicitation focuses on promoting the expansion of NYS RAs and as such, RAs in the field of construction are not eligible for funding under this RFA unless the trade is to be used for the upkeep and maintenance of a facility owned by the business entity employing the apprentice, such as plant maintenance trades.

Due April 30, 2020

Coming Up

Senate Roundtable Discussions on Opioids, Addiction & Overdose Prevention

The Joint Senate Task Force on Opioids, Addiction and Overdose Prevention has announced a series of public hearings to hear from stakeholders on strategies for reducing overdoses, improving individual and community health, and addressing the harmful consequences of drug use:

  • October 3, 2019: Putnam County Training and Operations Center, 112 Old Route 6, Carmel, New York
  • October 15, 2019: Patchogue Theatre for the Performing Arts, 71 East Main Street, Patchogue, New York
  • October 30, 2019: Catholic Health Medical Center, 144 Genesee Street, Buffalo, New York
  • November 15, 2019: Van Buren Hearing Room A, Legislative Office Building, 2nd Floor, Albany, New York

Senate Public Hearings on the Cost of Public Higher Education

The Senate Standing Committee on Higher Education has announced a series of public hearings to discuss the cost of public education:

  • October 24, 2019: Brooklyn College, 2900 Bedford Avenue, Brooklyn, New York
  • October 28, 2019: SUNY New Paltz, 1 Hawk Drive, New Paltz, New York
  • October 30, 2019: SUNY Buffalo, 12 Campen Hall, Buffalo, New York
  • November 1, 2019: Nassau Community College, 1 Education Drive, Garden City, New York 

Senate and Assembly Public Hearing on New York State’s Response to Federal Government Shutdowns

The Senate Standing Committee on Investigations and Government Operations, the Assembly Standing Committee on Governmental Operations, and the Assembly Legislative Commission on Government Administration will hold a public hearing to gather information on past actions and potential future actions by the State to respond to lapses in Federal appropriation:

  • September 24, 2019: 250 Broadway, Room 1923, 19th Floor New York, NY   

Senate Public Hearing on OPWDD Transition to Managed Care

Senate Standing Committee on Mental Health and Developmental Disabilities will hold a public hearing to discuss OPWDD transition to managed care:

  • December 2, 2019: an Buren Hearing Room A, Legislative Office Building, 2nd Floor, Albany, New York 

Board of Regents Monthly Meetings

  • October 7 – 8 (Monday and Tuesday)
  • November 4 – 5 (Monday and Tuesday)
  • December 9 – 10 (Monday and Tuesday)

Upcoming NYSED State Board Meetings

  • Social Work: October 2, 2019 (New York City, Albany and Syracuse, via video)
  • Physical Therapy: September 27, 2019 (Albany)
  • Massage Therapy: September 20, 2019 (New York City)
  • Dentistry: September 20, 2019 (Hawthorne)
  • Medicine: September 20, 2019 (New York City, Buffalo, Rochester, Albany, via video)

Medical Physics: September 19, 2019 (New York City, Albany, and Rochester, via video)