Plugged In To Education – December 2, 2020

What’s Inside

  • Winter Plan Announced to Combat Covid-19 Surge, Including Keeping Schools Open Safely
  • Secretary DeVos Unveils Online Portal to Provide Transparency on Use of CARES Act Funding by States
  • OTDA Seeking Input on Draft State Plan for Temporary Assistance for Needy Families (TANF) Block Grant
  • Senators Announce E-LEARN Act to Increase Broadband Access
  • Class Action Lawsuit Filed Against NYC DOE
  • SUNY Completes Testing of Students, Announces Testing for CSEA Employees
  • USDA Publishes Proposed Rule Maintaining School Meal Flexibilities
  • Rate Amendments for Children and Family Treatment and Support Services (CFTSS)
  • New COVID-19 Guidance
  • NYS Register
  • Funding Opportunities

Winter Plan Announced to Combat Covid-19 Surge, Including Keeping Schools Open Safely

Governor Cuomo and the state’s COVID Task Force announced a plan to help the state prepare for an expected increase in COVID cases and hospitalizations over the Holiday season. Under New York’s Winter Plan, efforts will be focused on keeping K-8 and Special Education schools open as long as it can be done safely. The first step will be to establish sustainable, ongoing testing in schools so that they can continue operating in the long term. As part of this, schools located in Orange and Red micro-cluster zones will be required to conduct weekly testing. Schools in Orange Zones will be required to test 20% of in person students, faculty, and staff over the course of a month and schools in Red Zones will be required to test 30% of in person students, faculty, and staff over a month. Pool testing will be allowed as well. These protocols represent the minimum standard required for schools to stay open and the state may adjust requirements for specific districts based on any special circumstances which may arise. While local districts are able to close at levels under the state’s mandatory closure rule, they are urged to keep K-8 schools open whenever it is safe.

Secretary DeVos Unveils Online Portal to Provide Transparency on Use of CARES Act Funding by States

The U.S. Department of Education announced a new online portal that shows if states, local educational agencies (LEAs), and institutions of higher education (IHEs) are using the Coronavirus Aid, Relief, and Economic Security (CARES) Act’s $31 billion Education Stabilization Fund (ESF). The portal captures awards and expenditures reported as of Sept. 30, six months after enactment of the CARES Act. Of the $13.2 billion Elementary and Secondary School Emergency Relief (ESSER) Fund – which was awarded to the 50 states, Puerto Rico, and Washington, D.C. – $1.6 billion, or 12% of the total had been spent. Of the $3 billion allocated to the Governor’s Emergency Education Relief (GEER) Fund, a total of $535 million, or 18%, had been spent. The press release specifically calls out New York State, saying, “In New York state… less than 0.1% of ESSER funds have been drawn down. However, New York City again shuttered its schools yesterday, despite having only a 0.19% test positivity rate among students and teachers.”

OTDA Seeking Input on Draft State Plan for Temporary Assistance for Needy Families (TANF) Block Grant

The New York State Office of Temporary and Disability Assistance (OTDA) released a draft 2021-2023 Temporary Assistance for Needy Families (TANF) program State Plan for public review and comment. Written comments must be submitted by December 28, 2020.

Senators Announce E-LEARN Act to Increase Broadband Access

Last week, Senator Shelley B. Mayer (D-Westchester), Senator John Liu (D-Queens), Senator Pete Harckham (Westchester, Putnam, Dutchess) announced the introduction of the E-LEARN Act, a bill which would provide free, high-quality broadband to every student and school in New York State during the COVID-19 emergency. According to the press release, all students ages 5-21 in public, private, charter, independent, approved private special education schools and those who are homeschooled will be eligible for the E-LEARN program. The bill has yet to be formally introduced.

Class Action Lawsuit Filed Against NYC DOE

Parents of students with disabilities in New York City filed a class action lawsuit last week, citing a “pervasive failure” to provide mandated educational services during the Covid-19 pandemic. The lawsuit, filed in the Southern District of New York, families accused the agencies of falling short of legal obligations to provide “free appropriate public education” to students with disabilities since the public health crisis began this spring, referring to services mandated by their Individualized Education Programs.

SUNY Completes Testing of Students, Announces Testing for CSEA Employees

Days before Thanksgiving, State University of New York Chancellor Jim Malatras announced that SUNY campuses finished mandatory testing of students on campus with 152,788 tests conducted with a positivity rate of 0.63 percent between November 9 and November 23. Days later, SUNY and Civil Service Employees Association (CSEA) President Mary E. Sullivan announced an extension on an agreement to conduct free, mandatory testing for CSEA-represented employees at SUNY state-operated colleges, universities, and hospitals.

USDA Publishes Proposed Rule Maintaining School Meal Flexibilities

The U.S. Department of Agriculture announced a proposed rule maintaining flexibility in the USDA child nutrition program for schools to serve meals to students. The proposed rule will be followed by a 30-day public comment period.

Rate Amendments for Children and Family Treatment and Support Services (CFTSS)

In accordance with the FY21 Enacted Budget, the Department of Health announced rate amendments for Children and Family Treatment and Support Services (CFTSS). These rate changes implement an MRT II initiative extending transitional rates for CFTSS for two years.

New COVID-19 Guidance

State Education Department

Department of Health

NYS Register

Proposed Regulations- 60 Day Comment Period

·     The Office of Children and Family Services issued a notice of proposed rule making to amend the community guardian program regarding who can complete the annual evaluation or examination. 11/18

·     The Office of Temporary and Disability Assistance issued a notice of proposed rule making to update State regulations pertaining to payment access cards. 11/25

Revised Rule Making- 45 Day Comment Period

·     The Office of Children and Family Services issued a notice of revised rule making regarding behavior health services for foster kids in congregate facilities and the elimination of room isolation and operation de-escalation rooms. 11/18

Adopted Regulations

·     The Office of Children and Family Services issued a notice of adoption to remove the soft cap limit on executive compensation. 11/18

·     The Department of Health issued a notice of adoption to expand the types of research grants that qualify staff to supervise the Empire Clinical Research Investigator Program (ECRIP) project. 11/18
Emergency Rule Making

·     The Department of Taxation and Finance issued a notice of emergency rule making to provide for adjustment of capital local expenditures to reflect a school district’s share of additional budgeted capital expenditures made by a Board of Cooperative Educational Services (BOCES). This rule is being re-adopted on an emergency basis in order to allow school districts to include in their capital local expenditures for their 2020-21 school budgets their allowable share of additional budgeted capital expenditures made by a BOCES. 11/18

 Anticipated

·     The Workers Compensation Board announced the emergency adoption of regulations to allow reimbursement for COVID-19 testing when there is a claim for workers’ compensation benefits due to workplace exposure to COVID-19. A notice of emergency adoption will be published on December 2.

Funding Opportunities

The New York State Education Department (NYSED) Office of State Assessment is seeking proposals to conduct Scaling and Scale Maintenance, Standard Setting, and Reliability/Validity Analyses of the New York State Regents Examinations and Elementary/Intermediate-level Science Testing Programs. Due December 8, 2020

The New York State (NYS) Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) Program is seeking a qualified organization to conduct targeted outreach activities in all 62 NYS counties to increase program enrollment. Due December 12, 2020

The New York State Department of Health (NYSDOH), Bureau of Women, Infant and Adolescent Health (BWIAH), announced the availability of funding for the New York State Comprehensive Family Planning and Reproductive Health Program (NYSFPP) to improve sexual and reproductive health and birth outcomes, partner with individuals to support their reproductive health goals, and reduce racial and ethnic disparities in sexual and reproductive health outcomes. Due December 17, 2020

The Division of Homeland Security and Emergency Services announced the following grants targeted towards local governments:

  • Fiscal Year 2019 Critical Infrastructure Grant Program seeks applications for up to $50,000 from federal State Homeland Security Program funding for critical infrastructure protection.
  • Fiscal Year 2019 Cyber Security Grant Program (CSGP) seeks applications for up to $50,000 from federal State Homeland Security Program funding to aid New York State’s local jurisdictions in enhancing their ability to protect, identify, respond to and recover from cyber incidents through funding of eligible planning, equipment, training and exercise costs. Due January 6, 2021

The New York State Office of Mental Health (OMH) is issuing a Request for Proposal (RFP) to invite interested bidders to submit proposals to serve as a contractor to educate and support the Peer Workforce. Due January 27, 2021

The Housing Trust Fund Corporation (HTFC) announces the availability of approximately $10 million in federal funds for the NYS HOME Program to expand the supply of decent, safe, and affordable housing throughout the State of New York. Due January 22, 2021

The New York State Office of Mental Health (OMH) announced the availability of funds in the amount of $17,500,000 to continue the work of Project TEACH (Training and Education for the Advancement of Children’s Health). Due February 01, 2021

The New York State Education Department (NYSED) announced the availability of funding for the Workforce Innovation and Opportunity Act Title II and Welfare Education Program to provide adult education and literacy services to assist out-of-school youth and adults to become literate and obtain the knowledge and skills necessary for employment and economic self-sufficiency and assist these individuals in the completion of a secondary school education. Due March 30, 2021

The New York State Department of Labor (NYSDOL) is making funding available under the Apprenticeship Expansion Grant (AEG-2) to expand Registered Apprenticeship (RA) training by increasing employment opportunities for approximately 800 apprentices with a focus on underrepresented populations. Due March 26, 2021 

Notice of sole/single source or procurement exempt from advertising:

The New York State Office of Children and Family Services (OCFS), on behalf of the New York State Council on Children and Families (CCF), is requesting an exemption from advertising in the Contract Reporter to enter into a contract, from December 1, 2020 through December 31, 2022, with the New York State Association of Infant Mental Health (NYS-AIM) to provide infant and early childhood mental health training to the early care and education community. This training activity will meet a deliverable identified in the OCFS/CCF federal Preschool Development Grant Birth through Five (PDGB5) Renewal grant funded by the U.S. Department of Health and Human Services.

Coming Up

The Assembly will hold a public hearing on oversight of the SFY 2020-2021 State Budget as it relates to supporting the New York State agricultural industry on December 2.

The Assembly will hold a public hearing on governance of the New York City School District on December 17.

The Board of Regents will hold their next meeting on December 14 and 15. The 2021 schedule is as follows:

  • January 11 – 12 (Monday and Tuesday)
  • February 8 – 9 (Monday and Tuesday)
  • March 15 – 16 (Monday and Tuesday)
  • April 12 – 13 (Monday and Tuesday)
  • May 10 – 11 (Monday and Tuesday)
  • June 7 – 8 (Monday and Tuesday)
  • July 12 – 13 (Monday and Tuesday)
  • August (Recess)
  • September 13 – 14 (Monday and Tuesday)
  • October 18 – 19 (Monday and Tuesday)
  • November 15 – 16 (Monday and Tuesday)
  • December 13 – 14 (Monday and Tuesday)

The State Education Department will hold the following regional meetings on substantially equivalent instruction for nonpublic school students:

  • December 2: Long Island & Queens
  • December 7: Hudson Valley
  • December 8: Parent, Student, Alumni
  • December 9: Brooklyn

The following State Board Meetings are scheduled to meet:

Plugged In to Education is prepared by Hinman Straub P.C. and is intended to keep our clients informed about news and Legislative and regulatory developments that may affect or otherwise be of interest to them. The comments contained herein do not constitute legal opinion and should not be regarded as a substitute for legal advice. If you prefer not to receive these updates, please alert us so we may remove you from our distribution list. © Hinman Straub P.C. 2020. All rights reserved.