Education & Human Services News January 25, 2019

Budget Update

Governor Cuomo Delivers Combined State of the State and Executive Budget Address

Last week, Governor Cuomo delivered his 2019 State of the State Address along with the release of the 2019-20 Executive Budget. The Executive Budget totals $175 billion and increases state spending by less than 2% over last year.

Governor Cuomo said, “In the face of unprecedented challenges on a national level and a federal government at a complete standstill, New York will deliver on the most productive agenda in our history and build on our record of accomplishments.”

The NYS Legislature has begun Joint Legislative Hearings on the 2019-20 Executive Budget Proposal. All budget hearings will be webcast on the Senate and Assembly websites. 

  • Human Services – January 24, 2019
  • Higher Education – January 28, 2019
  • Education – February 6, 2019

In addition, amendments to the Executive Budget are due as follows:

  • 21-day amendments are due by Saturday, February 2 and
  • 30-Day Amendments due by Thursday, February 14

The 2019-20 fiscal year starts on April 1, 2019. 

Headlines

State Education Department Announces New School Accountability Determinations

As required by the federal Every Student Succeeds Act (ESSA), the State Education Department announced accountability determinations for school districts based on data for the 2017-18 school year. Every district, public school and charter school earned a score for each ESSA accountability indicator. Schools identified for improvement include:

  • 106 school districts as Target Districts,
  •  245 schools for Comprehensive Support and Improvement
  • 125 schools for Targeted Support and Improvement
  • 26 new schools will be placed into receivership

In addition, 37 schools will be removed from receivership at the end of the 2018-19 school year, including two schools scheduled to close. This will leave 43 schools in receivership at the end of the 2018-19 school year.

2019 Tentative Meeting Dates for State Boards

The following tentative State Board meetings have been scheduled for 2019:

  • Certified Public Accountant: January 22, 2020 (Albany, Buffalo and New York City, via video)
  • Medicine: December 13, 2019 (New York, via video)
  • Certified Public Accountant: October 23, 2019 Updated Date (Albany)
  • Medicine: September 20, 2019 (New York City, Albany, Buffalo, Rochester, via video)
  • Certified Public Accountant: July 31, 2019 (Albany, Rochester and New York City, via video)
  • Medicine: June 21, 2019 (New York City, Albany, Buffalo, Rochester, via video)
  • Veterinary Medicine: May 3, 2019 (New York City, Albany, Syracuse, Buffalo, Rochester, via video)
  • Certified Public Accountant: May 1, 2019 (New York City)
  • Medical Physics: April 17, 2019 (New York City, Albany, Rochester, via video)
  • Occupational Therapy: April 8, 2019 (Albany and New York City via video)
  • Acupuncture: April 1, 2019 (Albany and New York City, via video)
  • Pathologists’ Assistant: March 7, 2019 (New York City, Albany, Buffalo, via video)
  • Medicine: March 1, 2019 (New York City, Albany, Buffalo, Rochester, via video)
  • Athletic Trainer: February 15, 2019 (New York City, Albany, via video)
  • Dentistry: February 8, 2019 (Albany, New York City, Rochester and Syracuse, via video)
  • Peer Review Oversight Committee: February 6, 2019 (New York City, and Albany, via video)
  • Optometry: January 11, 2019 (Albany, Buffalo, New York City, Portchester and Staten Island, via video)
  • Medical Physics: January 4, 2019 (New York City, Albany, Rochester, via video)

New York State Register

Implement New York State’s Every Student Succeeds Act (ESSA) Plan

The State Education Department has issued a notice of emergency rule making to implement the State’s approved Every Student Succeeds Act (ESSA) plan. Components of this rule include:

  • The proposed amendment to subdivision 100.2(ff) relates to the enrollment of youth released or conditionally released from residential facilities. This amendment clarifies the existing requirement that districts designate an employee(s) to be the transition liaison(s) with residential facility personnel, parents, students, and State and other local agencies for the purpose of facilitating a student’s effective educational transition into, between, and out of such facilities to ensure that each student receives appropriate educational and appropriate supports, services, and opportunities. In addition, this amendment also provides an overview of the duties of the liaison(s).
  • The proposed amendment to subdivision 100.2(m) relates to requirements for the New York State report card for schools and districts. This amendment updates the information to be provided in report cards to align with the provisions of ESSA and requires local educational agencies (LEAs) to post the local report cards on their website, where one exists, to satisfy ESSA’s local report card requirements. If an LEA does not operate a website, the LEA must provide the information to the public in another manner determined by the LEA.
  • The proposed amendments to 100.18 clarify that this section, which contains provisions relating to implementation of New York’s approved ESEA flexibility waiver, only applies to accountability designations made prior to July 1, 2018, except as otherwise provided in the new section 100.21.
  • In order to implement the State’s approved ESSA plan, the proposed amendments to section 100.19 clarify that Failing Schools means schools that have been identified as Priority Schools and/or Comprehensive Support and Improvement Schools (CSI) for at least three consecutive years. These amendments also clarify that beginning with the 2018-19 school year, removal from receivership will be based upon a school’s status as a CSI rather than as a Priority School.
  • The proposed creation of section 100.21 implements the new accountability and support and interventions of the State’s approved ESSA plan commencing with the 2018-2019 school year.

Since the school year began on July 1, 2018 emergency adoption is necessary for the preservation of the general welfare to ensure that previous regulations remain continuously in effect. It is anticipated that these regulations will be presented to the Board of Regents for permanent adoption at its February 2019 meeting.

Expansion of Telemental Health (Telepsychiatry) Services to Additional OMH Licensed Settings and Programs

The Office of Mental Health has issued a notice of proposed rule making intended to continue to expand the opportunity to offer telemental health services in the New York State regulated mental health system. Originally limited to services provided by psychiatrists and nurse practitioners, these amendments expand the range of services that can be offered by mental health providers approved by the Office of Mental Health to deliver telemental health services to include services of psychologists, social workers, and mental health counselors. This notice begins a 60 day public comment period.  

Legislative Spotlight

DREAM Act

Within the last two weeks, both Governor Cuomo and the State Legislature have separately advanced proposals to expand eligibility for State-administered student financial aid programs to include students without lawful immigration status. Under the two proposals, both known as the DREAM Act, students without lawful immigration status would be able to access New York State’s Tuition Assistance Program (TAP), Excelsior Scholarship program, Enhanced Tuition Awards (ETA) program, and numerous other grant, scholarship, and loan programs, and would also qualify for in-State tuition rates at SUNY, CUNY, and community colleges.

The DREAM Act legislation passed this week by the Senate and Assembly creates a “DREAM fund commission” and a “DREAM fund.” The commission, whose members would be appointed by the Executive and Legislature, would raise money for the DREAM fund in order to provide scholarships to college bound children who are the children of immigrants. This provision is absent in the Governor’s proposal. It is unclear if the Governor will sign the DREAM Act passed by both houses of the Legislature this week, or if he will push for inclusion of his version in the final enacted budget. Either way, it is anticipated that a DREAM Act in some form will be signed into law this year.

Decoupling Test Scores from Teacher and Principal Evaluations

Both houses of the Legislature passed a bill this week that would eliminate the mandatory use of grades three through eight English language arts and mathematics state assessments and all other state-created or administered tests in teacher or principal evaluations pursuant to Annual Professional Performance Reviews (APPR). Additionally this bill would require the Commissioner of State Education Department to promulgate regulations for alternative assessments that may be used to determine a teacher or principal’s evaluation in place of the state-created or administered tests. The selection and use of an assessment in a teacher or principal’s evaluation must be subject to collective bargaining agreements.

This legislation has been championed by the teachers union, NYSUT. Language that mirrors this bill was also included in the Governor’s 2019-20 Executive Budget proposal, making it clear that there is a three-way negotiation on this legislation and that it will likely become law. 

Funding Opportunities

*REISSUE* Capital Grants for the Preservation, Enhancement or Restructuring of Children’s Mental Health Clinics and Residential Treatment Facilities

Office of Mental Health

The New York State Office of Mental Health (OMH) has determined that a technical fix is required to address confusion regarding the eligibility criteria for applicants responding to this grant issued in December 2018. Those who have already submitted applications in the Grants Gateway will have the opportunity to re-open their applications, should they wish to do so. It is not mandatory and no recommendation will be made by OMH to proceed one way or the other. 

Eligibility Clarification- With respect to eligibility, please note the following amended language: “Eligible Applicants must operate OMH Article 31 Residential Treatment Facilities (RTF)s or free-standing clinic treatment programs with an OMH Operating Certificate, at the time of submission of the RFP application, that states “children” and/or “adolescents” next to “Population Served.” Hospitals licensed pursuant to Article 28 of Public Health Law and Federally Qualified Health Centers are not eligible to apply. This grant is specifically targeted to Article 31:Free-standing Clinics licensed to serve children and Residential Treatment Facilities (RTFs).
Due February 8, 2019

2018-19 Title I School Improvement Grant 1003 Basic

The Elementary and Secondary Education Act (ESEA) requires that State Education Agencies allocate funds to Local Education Agencies (LEAs) for Comprehensive Support and Improvement Schools (CSI), Targeted Support and Improvement Schools (TSI), and Target Districts to develop a plan that will meet the progress goals in their 2019-2020 District Comprehensive Improvement Plan and 2019-2020 School Comprehensive Education Plan(s) (DCIP/SCEP) and thereby improve student performance. These funds are to be used to support planning for the implementation of school improvement activities as required in the ESEA. The list of identified districts and schools is available here.
Due February 15, 2019

2018 National School Lunch Program (NSLP) Equipment Assistance Grant for School Food Authorities

State Education Department

The School Food Service Equipment Grant is intended to improve the infrastructure of the NSLP by providing the opportunity for schools to purchase equipment to serve healthier meals that meet the updated meal patterns, improve the overall quality of meals, improve efficiency of production and service and expand participation in school meals programs. All Recipient Agencies (RA) under a School Food Authority (SFA) participating in the NSLP in New York State are eligible (including public school districts, non-profit nonpublic schools, charter schools and residential childcare institutions). Priority will be given to RAs with 50 percent or more students eligible for free or reduced price meals and to RAs that did not receive a similar previous grant.
Due February 15, 2019

Early Childhood and School-Age Family and Community Engagement Centers

State Education Department

The New York State Education Department (NYSED) Office of Special Education is seeking proposals for the purposes of working collaboratively with the NYSED Office of Special Education (OSE) Educational Partnership to provide technical assistance and professional development that will promote meaningful family involvement within the educational system, build collaborative community relationships, and provide information and training about available service options and delivery systems for children from birth-5 and students age 5-21. NYSED will award twenty-eight contracts pursuant to this RFP – fourteen (14) contracts for Early Childhood FACE Centers and fourteen (14) contracts for School-Age FACE Centers. The contracts resulting from this RFP will be for a term anticipated to begin July 1, 2019 and to end June 30, 2024.
Due February 12, 2019

Regional Partnership Center

State Education Department

The New York State Education Department (NYSED) Office of Special Education (OSE) is seeking proposals for the purpose of working collaboratively with the OSE Educational Partnership to provide technical assistance and professional development to improve instructional practices for and outcomes of students with disabilities. NYSED will award twelve (12) contracts pursuant to this RFP. The contracts resulting from this RFP will be for a term anticipated to begin July 1, 2019 and to end June 30, 2024.
Due February 12, 2019

Special Education Technical Assistance Partnership for Equity

State Education Department

The New York State Education Department (NYSED) Office of Special Education is seeking proposals for the purposes of providing NYSED directed technical assistance and professional development in the areas of cultural/racial/linguistic diversity to a variety of stakeholders. The eligible bidders include institutions of higher education located in New York State.
Due February 12, 2019

Funding for Emergency Food Relief Organizations

Department of Environmental Conservation

The goal of this grant is to support food pantries and other emergency food relief organizations by providing funding to increase the availability of wholesome food to those in need. 501(c)(3) not-for-profit corporations whose projects include providing wholesome food to those in need, either directly or indirectly. Food Banks are ineligible for this grant program since DEC already has a contract in place to fund activities at the Food Banks. Eligible projects include personal services (e.g., staffing and fringe benefits), supplies and services (e.g., outreach materials, publications), equipment (e.g., freezers, refrigerators, vehicles, physical space expansion, insulated food transporters), contractual services, and travel costs.
Due February 1, 2019

Migrant and Seasonal Worker Program

Department of Health

The New York State Department of Health (NYSDOH), Division of Family Health is requesting applications from qualified and experienced service providers with recognized ties to the migrant/seasonal worker population in NYS. The primary purpose of this RFA is to award grants to public and not-for-profit, community-based health and human service organizations to provide access to high quality, culturally and linguistically appropriate health and social support services. 

Component 1 (MSWP1) – outreach activities, health education and refer for health and supportive services or provide those services directly to the migrant and seasonal worker (MSWs) population.

Component 2 (MSWP2) – outreach activities and health education and refer for health and supportive services or provide those services directly to the migrant population to specifically target children of MSWs.

Component 3 (MSWP3) – outreach activities and health education and refer for health and supportive services or provide those services directly to MSW workers who work in employment other than agriculture.
Due March 8, 2019

New York State Office for New Americans Statewide Legal Technical Assistance Request to Support Immigrant Service Providers in New York State

Department of State

The purpose of this RFA is to establish agreements with qualified not-for-profit organizations for immigration legal services. Part A of this RFA seeks applications from organizations capable of retaining and supporting immigration attorneys for the applicable region who will provide legal technical assistance to ONA Opportunity Centers and other immigrant service providers in assigned regions of the State, legal clinics at community based organizations throughout their assigned regions, direct representation for clients in need of such assistance, and conduct legal seminars and workshops. Click here to see the related press release from the Governor.
Due February 12, 2019

Coming Up

The NYS Board of Regents will meet on February 11-12, 2019.

The State Board for Architecture will meet on Tuesday, February 5, 2019.