Education & Human Services News December 16, 2019

State Focuses on Green Energy in Schools and Colleges

To support his Green New Deal, Governor Cuomo announced in November that funding to reduce energy use and assist with the conversion to carbon free energy solutions for schools serving Prekindergarten through Grade 12 students is available through the Green and Clean Energy Solutions program. Applications will be accepted on a first-come, first-served basis dependent on resource availability until December 31, 2022.

Shortly after, the Assembly held a public hearing to examine the environmental footprint of colleges and universities in New York State and the academic and research programs such colleges and universities offer that focus on the environment. Assembly member Glick (Chair of the Assembly Higher Education Committee) and Assembly member Englebright (Chair of the Assembly Environmental Conservation Committee) announced they will be working together in the upcoming session to advance potential investments in this area which may include tying resources to movement towards the reduction of energy usage and waste.

And then last week the New York State Energy Research and Development Authority (NYSERDA) and the Commission on Independent Colleges and Universities (CICU) announced the signing of a Memorandum of Understanding (MOU) designed to enhance collaboration and support increased investments in clean energy and energy efficiency at CICU member institutions throughout New York. Under the agreement, the strategic partnership will focus on exchanging expertise and knowledge while developing programs that will help both organizations achieve their clean energy goals and objectives more efficiently, impactfully, and cost-effectively.

New Academic Partnership Regarding Student Debt Announced

The New York State Department of Financial Services (DFS), SUNY Empire State College, and Rockefeller Institute of Government announced an agreement to establish a partnership that will foster collaboration designed to create professional development opportunities for students and help generate research that will better inform policies addressing issues facing student borrowers and other emerging consumer protection issues. According to the press release, under the partnership DFS will bring SUNY Empire students, and students who work with the Rockefeller Institute, into the DFS student internship program to support the Department’s role as an advocate for student borrowers and families. This collaboration will also leverage the Rockefeller Institute’s applied research expertise to collect and compile data into accessible tools and guides, as well as develop and refine policy proposals on emerging needs in the financial sector.

This partnership follows a presentation held by the Rockefeller Institute last week regarding a recent study on student debt. The study found that students increasingly feel pressured to attend college (and to do so immediately out of high school), yet report they are not prepared for the financial responsibilities that come along with postsecondary education. Recommendations from the report include additional financial literacy, counseling and advisement services, and addressing college affordability including caps on tuition and fees, and more financial aid for students.

Board of Regents Finalize 2020 Budget, Legislative, and State Aid Requests for the 2020-21 School Year

As is done every December, the Board of Regents finalized their budget and legislative priorities for the upcoming school year. While a large budget deficit is once again projected for 2020-21, the Regents propose $2 billion in additional investments in education, with $1.9 billion in aid formula increases, $82 million in statutory reimbursement-based aid increases, and $26 million for prekindergarten expansion and inclusion pilot. In addition, the state aid proposal would put the state on a committed path to fully phasing-in the Foundation Aid formula, a topic that has been highlighted by the Senate over the last several weeks through public hearings across the state to review the foundation aid formula.

Non-state aid budget and legislative priorities build off initiative from previous years, as well as some new proposals, to:

  • Ensure equitable access to high-quality schools and programs for all students;
  • Increase access to high-quality early care and education programs;
  • Enhance the achievement of English language learners;
  • Implement New York’s ESSA Plan; and
  • Create efficiencies for NYSED and school districts.

NYS DOH Hosts Webinar on Moving to Value Based Care

The New York State Department of Health hosted a public informational webinar, regarding the 1115 Medicaid waiver amendment proposal submitted to the Centers for Medicare and Medicaid Services (CMS) on November 27, 2019. New York is requesting $8 billion over a four-year timeframe, to be invested as follows:

  • $5 billion for targeted interventions through Value Management Organizations (VMOs) based on performance (approximately $625 million in Phase 1);
  • $1.5 billion for Social Determinant of Health Networks;
  • $1 billion on workforce development; and
  • $500 million for Interim Access Assurance Fund (IAAF).

If approved, the first year will consist of a waiver extension (Phase 1) and years 2-4 will consist of waiver renewal (Phase 2). Highlights of Phase 2 will include:

  • Permanently sustain Promising Practices through more robust, value-based arrangements and contracting;
  • Implementing Value Management Organizations and Social Determinant of Health Networks;
  • Expanding focus to new populations including pregnant women, children, and those in long-term care, and broaden efforts to care for those with substance use disorders;
  • Continuing focus on improving population health measures;
  • Investing in workforce programs to address needed skillsets and workforce shortages; and
  • Incentivizing network and regional performance, and refined VBP arrangements through Accountability Funding pools.

Governor Cuomo Announces Federal Funding to Expand Subsidized Child Care In 17 Localities

Federal funding will be provided to seventeen localities across the to reduce or eliminate wait lists for subsidized child care or to fund innovative child care programming that will expand available child care slots. The funding, administered by the New York State Office of Children and Family Services, is for child care services provided from now through September of 2021. Funding will be awarded as follows:

  • Administration for Children’s Services – New York City, $5,000,000
  • Broome, $1,000,000
  • Erie, $2,000,000
  • Essex, $500,000
  • Franklin, $500,000
  • Monroe, $2,000,000
  • Montgomery, $500,000
  • Nassau, $2,000,000
  • Niagara, $700,000
  • Oneida, $1,000,000
  • Onondaga, $1,000,000
  • Ontario, $500,000
  • Orange, $750,000
  • Rockland, $1,000,000
  • Saratoga, $1,000,000
  • Schoharie, $50,000
  • Seneca, $500,000

NYSED Holds Public Hearings on Perkins V Plan

In November, the New York State Education Department released a draft Perkins V plan as required in the Carl D. Perkins Career and Technical Education Act of 2006 and amended by the Strengthening Career and Technical Education for the 21st Century Act of 2018. The four year plan sets forward a statewide strategy for developing the academic knowledge and technical skills of students and was developed over the last year with input from CTE providers, parents, business and secondary and postsecondary educational institutions. Current funding for the NY Perkins V program is $56.9 million which the state distributes 85% of funds by formula to secondary and postsecondary institutions. The remaining 15% is used to support state plan administration and leadership activities.

The Education Department announced three public hearings to solicit feedback on the proposed plan, two of which were held last week. The New York State Association for Career and Technical Education testified, expressing concerns that the accessibility of quality CTE programs was not equitable and the State’s plan should focus on equitable access. The final plan must be submitted to the U.S. Department of Education by April 15, 2020.

Office of Special Ed Update: 2019-20 Prospective Rates, ETTPP and Potential Reconciliation Rate Changes, 4410 Advocacy Group

The State Education Department has begun issuing 2019-20 prospective tuition rates for programs that have a final 2017-18 reconciliation rate. Schools will be individually notified of the approval of their prospective rate by their Rate-Setting accountant. The Department also released the 2019-20 Excessive Teacher Turnover Prevention Program (ETTPP) awards for school-age and preschool programs. The Office of Special Education’s Preschool Policy Unit has rescheduled the invitation-only 4410 Advocacy Group Meeting for January 7, 2020 from 11:30 am to 12:30 pm.  

Legislative Spotlight

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

  • Medical Decisions for Minors. A1239 Jaffee – S3248 Salazar. This law allows non-parental caregivers who have lawful orders of custody to make medical decisions for minors in their care. This law took effect immediately.
  • Rent Subsidies for Individuals Living with Roommates. A4258 Hevesi – S4339 Salazar. This law clarifies that individuals receiving a child welfare housing subsidy can live with roommates. The subsidy currently pays up to three hundred dollars per month for up to 3 years or $10,800. This law took effect immediately.
  • Capacity to Stand Trial in Juvenile Delinquency Proceedings. A8092 Jaffee – S5516-B Montgomery (OCA Departmental). This law copies provisions from the Criminal Procedure Law into the Family Court regarding the settings for both initial evaluations and, where a lack of capacity to stand trial is found, the provision of treatment services. This law will take effect on March 5, 2020. 

The following bills have been vetoed by the Governor, mostly due to fiscal concerns:

  • Masters-in-Education Teacher Incentive Scholarship Program. A2404 Fahy – S5985 Breslin. This bill expands access to Masters-in-Education Teacher Incentive Scholarship Programs awards to students who are matriculated in an approved master’s degree in Education program at private colleges.
  • SCR Reform. A8060-A Jaffee – S6427-A Montgomery. This bill makes numerous changes to the State Central Registry as it relates to sealing of maltreatment records and standard of proof to determine indicated and unfounded reports of abuse or maltreatment.
  • Feminine Hygiene Products in Charter Schools. A290 Rosenthal L – S3125 Biaggi. This bill mandates charter schools to provide feminine hygiene products free of charge for students in grades 6-12.
  • Cost Estimation Model for Child Care. A580 Jaffee – S245-A Kennedy. This bill authorizes the Office of Children & Family Services (OCFS), in collaboration with various stakeholders, to develop a cost estimation model to determine the actual cost providers incur when providing child care.
  • Black Youth Suicide Prevention Task Force. A6740-B Jean-Pierre – S4467-B Carlucci. This bill creates a Black Suicide Prevention Task Force to examine, evaluate and determine how to improve mental health and suicide prevention for our New York’s Black residents aged 5 through 18.
  • Permanency Planning in Juvenile Delinquency and PINS. A7940 Jaffee – S6535 Montgomery. This bill provides various changes in permanency planning proceedings for juvenile delinquents and PINS youth to provide greater specificity regarding the services that must be provided for youth.
  • Re-Entry of Certain Foster Children. A7941 Jaffee – S6472 Persaud. This bill builds off Chapter 342 of the Laws of 2010, which permitted youth who have “aged out” of foster care at the age of 18 to reenter care, by extending this option to runaway and homeless youth.
  • Preventing Workplace Violence in Public Schools. A6157 Titus-S1720 Ramos. This bill includes public schools within the provisions of current law designed to require public employers to develop and implement programs to prevent workplace violence.
  • Civic Education Fund. A7202 Simon -S3951 Montgomery. This bill establishes a civic education fund to be utilized by community-based organizations, non-profits and other non-traditional organizations to implement civics education projects including, but not limited to, universities, museums, libraries, and cultural institutions.
  • Study on the Impact of Increased Minimum Wage. A8276-A Lentol – S5202-A Gounardes. This bill directs the Department of Labor, in consultation with various state agencies to prepare a comprehensive study and report on the impact that the increase in minimum wage has or will have on the eligibility of the working poor to receive important and necessary services.
  • Pilot to Evaluate Access to Child Care. A2315-A Solages – S5690 Sanders. This bill requires the Urban Development Corporation (UDC) to select five economically distressed areas to evaluate child care programs intended to serve low-income families.

The following bills are currently in the Governor’s office:

  • Preserving Family Bonds Act. A2199-A Joyner -S4203A Savino. This bill allows post-termination visitation and/or contact between children and their birth parents or sibling in termination of parental rights proceedings provided it is deemed in the best interest of the child.
  • Notice of Change in Foster Care Placement. A7974 Richardson – S6215 Montgomery. This bill requires an agency with which a child has been placed, either voluntarily or as a result of an abuse or neglect finding, or to whom guardianship and custody has been transferred as a result of the child being freed for adoption, to report to the attorney for the child not later than ten days in advance of any change in the child’s placement status and not later than the next business day in any case in which an emergency placement change has been made.
  • Insurance Coverage for Eating Disorders. A1619 Rozic – S3101 Biaggi. This bill amends the definition of eating disorder for purposes of coverage by health insurance companies to include any eating disorder contained in the most recent version of the DSM.
  • Standards and Training for Child Day Care. A2766-A Hevesi – S4990-A Biaggi. This bill requires child care providers to receive training in Adverse Childhood Experiences (ACES).

New York State Register

December 11, 2019

  • Procedures for Addressing Children Absent Without Consent from Foster Care, Conditional Releases and Searches. The Office of Children and Family Services issued a notice of adoption to put in place procedures that address children absent without consent from foster care, conditional releases and searches.
  • Raise the Age. The Department of Corrections and Community Supervision issued a notice of proposed rule making to update each correctional facility’s regulation as a direct result of the Raise the Age legislation.
  • Tuition, Fees and Charges. The State University of New York issued a notice of emergency adoption and proposed rule making to waive the admissions application fee for all eligible military veterans and spouses of military veterans who apply for admission to a State University of New York (SUNY) State-operated campus.
  • College Fees. The State University of New York issued a notice of adoption to increase the college fee charged at State-operated campuses, excluding the four University Centers.
  • Adult-Care Facilities and Shelters for Adults. The Office of Temporary and Disability Assistance issued a notice of adoption to update State regulations pertaining to general provisions, inspections and enforcement, and shelters for adults.
  • Shelters for Families. The Office of Temporary and Disability Assistance issued a notice of adoption to update State regulations pertaining to shelters for families.

December 4, 2019

  • Removal of Non-Medical Exemption from Vaccination Regulations for Child Day Care Programs. The Office of Children and Family Services issued a notice of emergency adoption and revised rule making to remove the non-medical exemption from vaccination regulations for child day care programs.
  • Limits on Executive Compensation. The Office of Children and Family Services issued a notice of proposed rule making to remove the soft cap limit on executive compensation.
  • School Immunization Requirements. The Department of Heath issued a notice of emergency adoption to be consistent with national immunization regulations and guidelines and to define may be detrimental to the child’s health.
  • Elimination of Finger Imaging Requirement for Public Assistance Applicants and Recipients. The Office of Temporary and Disability Assistance issued a notice of adoption to align public assistance programs with other State benefit programs regarding identification verification requirements by eliminating the finger imaging requirement for public assistance applicants and recipients.

November 20, 2019

  • STARTUP-NY Program. The Department of Economic Development issued a notice of adoption to establish procedures for the implementation and execution of START-UP NY program.
  • Profession of Registered Dental Assisting. The State Education Department issued a notice of emergency adoption and proposed rule making to create the new legally protected title of “registered dental assistant” and eliminate the prior protected title of “certified dental assistant.”
  • Physical Education Requirements for a Diploma and Transfer Credits for Students Earning Credit in an Educational Program. The State Education Department issued a notice of emergency adoption and proposed rule making to amend physical education requirements for students in residential agencies pursuant to Raise the Age. 
  • Limits on Executive Compensation. The Office of Mental Health issued a notice of adoption to eliminate ‘‘soft cap’’ restrictions on compensation.
  • Empire Clinical Research Investigator Program (ECRIP). The Department of Heath issued a notice of proposed rule making to expand the types of and change the time frames for past research grants that qualify staff to supervise the ECRIP project.
  • Life Sciences Initiative Program. The Urban Development Corporation issued a notice of adoption to create administrative procedures for all components of the Life Sciences Initiatives program.

Funding Opportunities

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

The New York State Department of Labor is making funding available for the provision of job readiness, 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

2020-2025 State Adult Literacy Education

The State Adult Literacy Education (ALE) Program provides funding for adult education programs for under-educated and disadvantaged adults. Eligible agencies include not-for-profit agencies (e.g., community-based organizations, postsecondary institutions, and literacy volunteer agencies).

Due January 10, 2020

2020-2021 Documentary Heritage Program grants

Documentary Heritage Program (DHP) grants are designed to build a more comprehensive and equitable documentation of New York State’s history and culture by supporting projects that identify, survey, collect, arrange, describe, and make available records that relate to groups and topics traditionally under-represented in the State’s historical record.

Due January 14, 2020

New York State Occupational Safety and Health Training and Education – Hazard Abatement Board (HAB) 2020

The New York State (NYS) Hazard Abatement Board (HAB) awards grants for programs that provide occupational safety and health training for public entities, private businesses, labor organizations, educational institutions, non-profit organizations and trade associations. Eligible programs must train and educate workers, supervisors and/or businesses and must promote workplace accident and injury prevention.

January 24, 2020

Capital Awards for Crisis Residential Programs for Children and Adults

The New York State Office of Mental Health (OMH) announces the availability of capital funds for the acquisition of new property, construction of new facilities and/or the rehabilitation of existing buildings for purposes of developing licensed Residential Crisis Support, Intensive Crisis Residence and/or Children’s Crisis Residence programs in accordance with 14 NYCRR Part 589.

Due January 28, 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

Creating Healthy Schools and Communities – Component A

The New York State Department of Health seeks applications from organizations to implement a comprehensive, community-based participatory approach to increasing opportunities for physical activity and improved nutrition for people across the age span. Funded organizations will establish and expand local public health efforts to readily implement evidence-based physical activity and nutrition strategies that build on existing community assets and coalitions, allowing for the flexibility to tailor interventions that meet the unique needs of communities, and leverage resources from multiple stakeholders and sectors (e.g. early child care, local government, faith-based, business and industry, community recreation and parks, mass media, transportation, community planning and design, and education) in high-need communities of New York State (NYS).

Due February 4, 2020

Creating Healthy Schools and Communities, Component B – Physical Activity and Nutrition Center of Excellence

The New York State Department of Health seeks applications from organizations to serve as a Physical Activity and Nutrition Center of Excellence (PANCE) to support Component A grantees. The funded applicant will provide subject matter expertise, training, technical assistance, and resource support, conduct needs assessments of Component A grantees.

Due February 4, 2020

Advanced Course Access (ACA) Program

The NYS Education Department is looking to increase equity in access to advanced courses, including Advanced Placement (AP), International Baccalaureate (IB), and dual-credit courses, for high school students who currently have very limited or no access to advanced courses, through online learning, distance learning, or other evidence-based methods. Eligible applicants include Boards of Cooperative Educational Services (BOCES)-led consortium and the Big 5 public school districts (New York City, Yonkers, Syracuse, Rochester, and Buffalo).

Due February 11, 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

Workforce Development Initiative Consolidated Funding Application

Through the New York State Consolidated Funding Application (CFA), a single application for multiple sources of state funding, New York State is soliciting applications for funding from the Workforce Development Initiative (WDI). Project plans and applications will be accepted on a continual basis beginning on May 8, 2019.

P-12 Schools: Green and Clean Energy Solutions Program

The P-12 Schools Initiative encourages schools to lower energy use and utility bills while reducing greenhouse gas emissions, the leading contributor to climate change. Applications will be accepted on a first-come, first-served basis dependent on resource availability until December 31, 2022.

Coming Up

2020 State of the State

 

NYS Department of Environmental Conservation

Legislative Public Hearings

Board of Regents Monthly Meetings (2020)

  • January 13 – 14 (Monday and Tuesday)
  • February 10 – 11 (Monday and Tuesday)
  • March 2 – 3 (Monday and Tuesday)
  • April 6 – 7 (Monday and Tuesday)
  • May 4 – 5 (Monday and Tuesday)
  • June 8 – 9 (Monday and Tuesday)
  • July 13 – 14 (Monday and Tuesday)
  • August (Recess)
  • September 14 – 15 (Monday and Tuesday)
  • October 19 – 20 (Monday and Tuesday)
  • November 16 – 17 (Monday and Tuesday)
  • December 14 – 15 (Monday and Tuesday)

Upcoming NYSED State Board Meetings

Speech-Language Pathology & Audiology: December 20, 2019 (New York City)