Education & Human Services News July 22, 2020

Lower Ed Updates

School Reopening Guidance Released

Last week Governor Cuomo provided guidelines regarding school reopening for the fall. The Governor indicated that schools will be able to open if their region is in Phase IV of reopening and if its daily infection rate remains below 5 percent or lower using a 14-day average since unPAUSE was lifted. Schools will close if the regional infection rate rises above 9 percent, using a 7-day average, after August 1. Schools will need to submit their plans based on that guidance by July 31st. All schools – charters, non-publics (853s for example) etc. will be required to submit a plan. New York State will make the formula determination during the week of August 1 to 7.

 Shortly after, the NYS Department of Health (DOH) issued interim guidance and summary guidelines for in-person instruction at pre-k to grade 12 schools during the COVID-19 public health emergency.

The State Education Department also issued guidance to school and school districts to help plan to reopen for the 2020-21 school year. The guidance provides information regarding each aspect of reopening including, but not limited to, health and safety, facilities, nutrition, social-emotional well being, transportation, schedules, budget and fiscal implications, attendance, technology, special education, staffing and human resources. The guidance was informed by four virtual Regional School Reopening Task Force meetings as well as a student forum hosted by the Board of Regents and Department last month to gather input.

More Than 3,600 Adopted New Yorkers File for Birth Certificates

Governor Cuomo announced that more than 3,600 adoptees outside of New York City aged 18 or older have filed applications since January 15, 2020, to receive a certified copy of their original, or pre-adoption, birth certificate. Governor Cuomo signed the historic bill last year after advocates fought to gain access to their pre-adoption, birth certificates for years. Earlier this month, the State rolled out a website to help adult adoptees gain access to their birth certificates.  Adoptees born in NYC must apply through the New York City Department of Health and Mental Hygiene.

Local Educational Agencies to Apply for $1.2 Billion in NY CARES Act Funding

The State Education Department released information on the application process for local educational agencies (LEAs) to apply for $1.2 billion in Federal Coronavirus Aid, Relief, and Economic Security (CARES) Act funding. According to the press release, eligible LEAs can apply to the New York State Education Department (NYSED) for Governor’s Emergency Education Relief Funds (GEER) and Elementary and Secondary School Emergency Relief Funds (ESSER) funds. Eligible LEAs are asked to submit a single CARES Act Combined Funding Application for both ESSER and, if applicable, GEER, funding using the online SED Monitoring and Vendor Reporting System. Completed applications are due by August 15, 2020; however, extensions will be granted by request. Applications will be reviewed on a rolling basis.

Board of Regents Continue Emergency Regulations Amid Pandemic

Last week the Board of Regents adopted emergency regulations that continue flexibility for educators, students and professionals to address issues due to the COVID-19 pandemic. The emergency regulations include the continuation of previously adopted amendments as well as new regulatory changes including:

  • Early Learning
  • Flexibility in teacher-student ratios
  • Diagnostic screening
  • Curriculum and Instruction
  • Flexibility for unit of study requirements
  • Flexibility for CDOS
  • Science laboratory experience
  • Special Education
  • Initial evaluation — individual psychological evaluation
  • Initial evaluation — observation
  • English Language Learners
  • Identifying ELLs
  • Flexibility in ELL identification process
  • Flexibility in ELL timeline
  • Flexibility in initial enrollment or reentry identification
  • Timeline exemption
  • Academic Intervention Services
  • Flexibility in AIS identification
  • Home Instruction
  • Program deadline extension
  • Health Screening Waiver
  • screening waiver
  • Pupil Transportation
  • School bus drill
  • Higher Education
  • Incidental teaching
  • Substitute teachers
  • Shorter semester:
  • Professions
  • Flexibility in continuous experience requirements
  • CPA examination scores
  • Professional education program requirements
  • In-person supervision experience requirements
  • Flexibility for limited permits
  • CPR certification in dentistry
  • Dental anesthesia certification

Attorney General Calls on Trump Administration to Stop Punishing Students Suffering from COVID-19 Economic Impact

New York Attorney General Letitia James is leading a coalition of 19 attorneys general from around the nation in urging the U.S Department of Education and Education Secretary Betsy Devos to release federal funds earmarked for students suffering from the devastating economic impact of the coronavirus disease 2019 (COVID-19). According to a press release from the AG, although the CARES Act clearly placed very few restrictions on students obtaining these funds, the Department of Education released new rules that go out of the way to prohibit thousands — if not millions — of foreign students studying in the U.S. from being eligible to receive these funds.

CDC Guidance

Higher Ed Updates

Shortened Semester Flexibility for Fall 2020 and Spring 2021 Semesters Approved

The State Education Department issued a notice to Presidents/Chief Executive Officers of NYS Colleges and Universities regarding the Board of Regents approval that permits NYS colleges and universities to shorten the Fall 2020 and Spring 2021 semesters from a minimum of 15 weeks to no less than 12 weeks without impacting a student’s eligibility for NYS financial aid.

Excelsior Scholarship Program Possibly in Jeopardy

The Higher Education Services Corporation (HESC) issued the following statement on their website regarding the Excelsior Scholarship Program: “Please note that the COVID-19 pandemic has dramatically reduced state revenues and the processing of new applications is pending on Federal assistance, which has been delayed since April. Excelsior Scholarship awards may have to be reduced and/or prioritized for current recipients as provided for under the program.”

HESC posted information to sign up for the ETA Program as the opening date for the 2020-21 ETA application has not yet been determined.

Feds Issue Guidance, and Rescind Guidance, Regarding Student Visas

On Monday, July 6, 2020, the U.S. Department of Homeland Security issued guidance that, among other things, provided that the Department would not be issuing visas for international students to come to the U.S. if the institution at which students are enrolled would be providing remote instruction only (as opposed to a hybrid model incorporating in-person instruction). Two days later, the Massachusetts Institute of Technology (MIT) and Harvard University filed a lawsuit challenging the guidance, with 200 other colleges and universities filing petitions in support, arguing that the guidance impermissibly violated rules under the Administrative Procedure Act, was designed to strong-arm universities into reopening in-person this coming Fall semester, and would create “chaos” on campuses. On July 14, shortly before the court was due to hear arguments and rule on whether the guidance should be suspended, the Department voluntarily rescinded its July guidance as it pertained to international students, and agreed that the Department’s March 9 and March 13 guidance documents regarding international students would remain in effect. The lawsuit technically remains pending and it is not yet clear whether the Department plans to pursue additional action. Student entry at the U.S. border remains subject to any travel restrictions that may be in effect against individual countries.

New York Attorney General Letitia James released the following statement after the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) agreed in court to rescind the directive: “This is welcome news for more than 100,000 international students in New York, more than one million students across the country, and millions of additional families across the world,” said Attorney General James. “President Trump and his team threatened the public health and safety of all students, all faculty, and hundreds of millions of residents across New York and the rest of the nation because of his rush to reopen schools, his anti-immigrant motives, and his sagging poll numbers. Enough is enough. It’s time for the president to stop treating immigrants like nothing more than scapegoats and for him to start leading our nation through this national pandemic. Politics should have never been a factor in our nation’s public health decisions, but as long as the president continues down this path, we will continue to use every legal tool at our disposal to stop him.”

Nominations

The Senate plans on approving the following nominations:

  • Merryl Tisch, Trustee and Chair, State University of New York
  • Camille Varlack, Trustee, State University of New York
  • James Haddon, Trustee, State University of New York
  • Marcos A. Crespo, Trustee, State University of New York

HESC Guidance

 SED Guidance

 USDOE Guidance

 CDC Guidance

Colleges & Universities

Human Service Updates

Child Care and Day Camp Programs Guidance Updated

The interim guidance for child care and day care camp programs during the COVID-19 public health emergency has been updated to reflect that responsible parties must limit groups to 15 or fewer children/campers, excluding employees/staff, in a specific area (e.g. room) at any given time, up from 10 as originally drafted. In the same regard, responsible parties must ensure that different stable groups of up to 15 children/campers have no or minimal contact with one another or utilize common spaces at the same time, to the greatest extent possible. It is important to note that child care programs are still required to follow the staff/child ratios and maximum group sizes as set forth in regulation.

New York Forward Child Care Expansion Incentive and Temporary Operating Assistance Application

The Office of Children and Family Services announced the availability of grants throughout New York State from the federal CARES Act funding related to child care during the COVID-19 pandemic. Funding will be divided into two grant types, and a separate application and supporting documents must be submitted for each. Programs may apply for both grants if they meet the eligibility criteria for both. The available grants are:

  • $20 million to assist reopening and expansion of capacity by providing materials and activities to support a more socially distanced model, and for supplies associated with reopening and expansion.
  • $45 million in reopening and expansion incentive temporary assistance.

These are noncompetitive applications and deadlines have been extended through 5pm on July 22, 2020.

Funding Announced to Assist Food Insecure New Yorkers and State’s Farmers

Governor Cuomo announced ‘Feeding New York State’ will receive $1.5 million to support its network of 10 regional food banks, as well as local farms to help provide milk and produce to food insecure New Yorkers. This funding, made available through the State’s Environmental Protection Fund, is in response to the increased need for food bank services due to the economic and public health impacts of the COVID-19 pandemic, and also supports the State’s ongoing efforts to prevent food waste.

New COVID Rental Assistance Program Announced

Funded through the CARES Act, Governor Cuomo announced last week an emergency rental assistance program that will help keep low-income families throughout New York in their homes. The program will provide direct aid for tenants who lost income due to the COVID-19 pandemic. To qualify for the program, applicants must meet all of the eligibility requirements:

  • Must be a renter with a primary residence in New York State.
  • Before March 1, 2020 and at the time of application, household income (including unemployment benefits) must be below 80 percent of the Area Median Income, adjusted for household size. Applicants can find the Area Median Income for their county, based on household size, on HCR’s website here.
  • Before March 1, 2020 and at the time of application, the household must have been “rent burdened,” which is defined as paying more than 30 percent of gross monthly income towards rent.
  • Applicants must have lost income during any period between April 1, 2020 and July 31, 2020.

The application period will be open for two weeks. Residents can apply any time during the two-week period.

DOH Seeking Amendments to Children’s 1915c HCBS Waiver

The New York State Department of Health (DOH) is submitting requests to the Federal Centers for Medicare and Medicaid Services (CMS) to amend the 1915(c) Children’s Waiver (#NY.4125.R05.09) Home and Community Based Services (HCBS) coverage effective September 1, 2020. The State anticipates the changes will impact members by:

  • Increasing access to services by adding additional practitioner qualifications that can deliver Children’s Waiver services
  • Decreasing the administrative burden on providers by adjusting the eligibility process for the Children’s Waiver
  • Eliminate access to Simian aids in the Adaptive and Assistive Technology service description to mirror ADA compliance
  • Payment reductions for designated providers that deliver Children’s Waiver services according to State budget guidelines
  • Increasing access to Palliative care services including Massage Therapy and Pain and Symptom Management by adding additional qualified practitioners authorized to deliver the services described in the Children’s Wavier.

The draft amendment proposal is available here. Written comments may be submitted by email to [email protected]. All comments must be post marked or emailed by August 14, 2020.

Public Hearing Calendar

Legislature Announces Joint Hearings on Impact of COVID-19

The Senate and Assembly announced a series of joint legislative hearings to be convened over the coming weeks to examine how the COVID-19 pandemic impacted New York State. Each of the hearings will be livestreamed on the Senate and Assembly websites.

The joint legislative hearings include:

  • July 28 – How COVID-19 Has Impacted Higher Education: This hearing will examine how COVID-19 affected higher education institutions, students and faculty in the 2020 Spring semester and the impact it will have on the upcoming 2020-21 academic year.
  • August 3 & August 10 – Residential Health Care Facilities and COVID-19: These hearings will review New York State’s rate of infection and mortality due to COVID-19 in residential health care facilities.
  • August 11 – Elections in a Pandemic: A Review of the 2020 Primaries: This hearing will review the turnout and systemic voting issues in the 2020 primary elections and evaluate how well New York handled voting during a pandemic.
  • August 12 – Hospitals and COVID-19: This hearing will review New York State’s rate of infection and mortality due to COVID-19 in hospitals.
  • August 13 – Impact of COVID-19 on Workers: This hearing will explore the impacts of COVID-19 from a worker’s perspective, including unemployment insurance receipts, workplace safety standards and the impact of the federal Payroll Protection Program on maintaining employment.
  • August 14 – How COVID-19 Impacts New York’s Veteran Community: This hearing will examine how COVID-19 affected veterans.
  • August 25 – COVID-19 and the MTA: This hearing will evaluate the financial and operational impacts of COVID-19 on the MTA.

NYS Register

July 22, 2020

  • Economic Development, Department
  • Minority and Women-Owned Business Enterprise Program (RP)
  • State Education Department
  • Update Provisions Relating to Pupil Transportation and Provide Flexibility in Response to the COVID-19 Crisis (E) 
  • People with Developmental Disabilities, Office for
  • Operating Certificates (EP)

July 15, 2020

  • Alcoholism and Substance Abuse Services, Office of
  • Credentialing of Addictions Professional (A)
  • Patient Rights (P)
  • Specialized Services (P)
  • Designated Services (P) 
  • Economic Development, Department of
  • Commercial Production Tax Credit Program (E)
  • Excelsior Jobs Program (E) 
  • Health, Department of
  • Personal Care Services (PCS) and Consumer Directed Personal Assistance Program (CDPAP) (P) 

July 8, 2020

  • Financial Services, Department of
  • Mental Health and Substance Use Disorder Treatment Parity Compliance Program (P)
  • Health, Department of
  • Private Duty Nursing Services to Medically Fragile Children (P)
  • Medicaid Managed Care State Fair Hearings and External Appeals Processes and Standards (P)
  • Development of Mental Health and Substance Use Disorder Parity Compliance Programs (P)

July 1, 2020

  • Temporary and Disability Assistance, Office of
  • Supplemental Security Income (SSI) Additional State Payments (P) 

June 24, 2020

  • Education Department
  • Update Provisions Relating to Pupil Transportation and Provide Flexibility in Response to the COVID-19 Crisis (E)
  • Addressing the COVID-19 Crisis (EP)
  • Licensing Examinations in the Profession of Public Accountancy (EP)
  • Professional Student of Nursing (EP)
  • Eligibility for Participation of Students With Section 504 or ADA Plans in Interschool Competition and Inclusive Athletics (EP)
  • Addressing the COVID-19 Crisis (ERP) 24 / Practice of Psychology, Social Work and Mental Health Practitioner Professions (A)
  • Composition of the Professional Standards and Practices Board for Teaching (PSPB) (A)
  • Term Limits for Members of the Advisory Committee on Long-Term Clinical Clerkships (A)
  • Alternative High School Equivalency Preparation and Alternative Transition Programs (P)