Education & Human Services News July 8, 2019

NYSED Posts Interim Tuition Rates for Special Education Providers

Late last month, the New York State Education Department (NYSED) announced that interim tuition rates for the 2019-20 school year have been issued to approved programs that have submitted a complete 2017-18 financial statement to NYSED’s Rate Setting Unit. These rates will be in effect until the 2019-20 prospective rates are calculated and approved. The interim rates are intended to provide cash flow until the 2019-20 prospective tuition rates are issued. The interim rates have been updated to STAC and are posted at the Rate Setting Unit website.

Foster Care Round Table Held in NYC

On Friday, June 28, 2019, Senator Montgomery and Senator Persaud held a round table discussion on the “State of the Youth: New York State Foster Care” in NYC to discuss what is happening to youth in the foster care system and to evaluate services available. Representatives from over twenty child welfare agencies and advocacy organizations participated. Discussion topics included services for youth aging out of foster care, reunification, Kinship, permanency, and Supervised Independent Living Placement (SILPS). The Senators closed by saying this was the beginning of a conversation and that they plan to host similar round tables in other parts of the state.

State Agencies Provide Information Regarding Legislation Removing Non-Medical Exemption from School Vaccination Requirements

The Department of Health, State Education Department, and the Office of Children and Family Services released the following information following a bill that was signed into law by Governor Cuomo removing non-medical exemptions from school vaccination requirements:

NYSED to Create a Speech-Language and Bilingual Speech-Language Personnel Development Center (SLPDC) in NYC

The New York State Education Department (NYSED) announced they will be issuing a Request for Proposals (RFP) for the establishment of a Speech-Language and Bilingual Speech-Language Personnel Development Center to increase the number of New York State certified teachers of students with speech and language disabilities (TSSLDs) and TSSLDs with bilingual education extensions for employment in New York City (NYC) Public Schools. Eligible applicants are NYS public or private institutions of higher education (IHEs) with registered graduate education programs leading to Speech and Language Disability certification, Local Education Agencies (LEAs), not-for-profit organizations, and for-profit organizations. NYSED expects to issue the RFP in Summer 2019

Legislative Spotlight

The following bills were signed into law:

BOCES Lease Extender

A6671-A Paulin — S5323 Mayer

This law extends the authority for Boards of Cooperative Educational Services (BOCES) to enter into 20 year leases with non-public entities for five years, until July 1, 2024.

  • Status: Signed, Chapter 61 of the Laws of 2019
  • Effective Date: Immediately

BOCES Out of State Authorization

A7654-A Jaffee — S5636-A Carlucci

This law extends and expands the authority for Boards of Cooperative Educational Services (BOCES) to contract with out-of-state schools for five years, until July 1, 2024. It also clarifies that a school includes elementary, secondary, college and universities and allows BOCES to provide technology services.

  • Status: Signed, Chapter 67 of the Laws of 2019
  • Effective Date: Immediately

Limiting Idling of School Vehicles on School Grounds

A6358 Cruz — S2890 Salazar

This law extends for five years, through June 2024, the existing law that limits the idling of school vehicles on school grounds.

  • Status: Signed, Chapter 49 of the Laws of 2019
  • Effective Date: Immediately and will be repealed on June 30, 2024

New York State Register

Substantially Equivalent Instruction for Nonpublic School Students

The State Education Department issued a notice of proposed rule making to provide guidance to local school authorities (LSAs) to assist them in fulfilling their responsibilities under Education Law §§ 3204, 3205, and 3210 in determining whether students in nonpublic schools are receiving instruction that is at least substantially equivalent to the instruction being provided to students of like age and attainments at the public schools. The intent of the substantial equivalency process is to ensure that all students receive the education to which they are entitled under the law. The proposed regulation requires LSAs to make substantial equivalency determinations for all nonpublic schools within their geographical boundaries, except registered high schools, state-approved private special education schools, state-operated and state-supported schools, which are already subject to Department review, and nonpublic schools for which the Commissioner is required to make a substantial equivalency determination pursuant to the law. Public comment will be received for 60 days.

Reports of Child Abuse in an Educational Setting

The State Education Department issued a notice of proposed rule making to implement the provisions of Chapter 363 of the Laws of 2018 to expand the individuals, and the educational settings in which they work, who are required to make a report of child abuse in an educational setting and to complete training surrounding such obligations. Specifically:

  • Education Law § 1125 was amended to expand the definitions of child, employee, volunteer, educational setting, and administrator within Article 23-B to include all public schools, school districts, charter schools, nonpublic schools, boards of cooperative educational services (BOCES), approved preschool special education programs (4410s), state-operated and state-supported schools (4201s), approved private residential and nonresidential schools for the education of students with disabilities including 853s, and Special Act School Districts. The law was also amended to expand the definitions of employee and volunteer to include individuals who receive compensation from or provide services to bus companies that contract with such schools to provide transportation services to children.
  • Education Law § 1126 was amended to expand the responsibility to report allegations of child abuse to include licensed and registered physical therapists, licensed and registered occupational therapists, licensed and registered speech-language pathologists, teacher aides, school resource officers, school bus drivers, and school bus driver supervisors.
  • Education Law § 1132 was amended to expand the components which must be included in the training on reporting allegations of child abuse pursuant to Article 23-B.
  • Education Law § 1132 was further amended to require that all teachers and administrators, other than those in a school district or public school, and all school bus drivers employed on or after July 1, 2019 complete two hours of coursework or training regarding the identification and reporting of child abuse and maltreatment as defined in Social Services law

Public comment will be received for 60 days.

Professional Development Plans and Other Related Requirements for School Districts and BOCES

The State Education Department issued a notice of revised rule making to create greater coherence with other statutory and Department initiatives related to ensuring that all educators – teachers, teaching assistants, and school leaders – have the knowledge and skills necessary to meet the needs of all students. Since publication of a Notice of Proposed Rule Making in the State Register on January 30, 2019, the following substantial revisions were made to the proposed rule:

  • Require that the appointment of teachers to serve on the Professional Learning Team for the central office of the New York City Department of Education (NYCDOE) shall be upon designation by the teachers’ collective bargaining organization; and
  • Removed the requirement that professional learning teams for each community school district, District 75, District 79, and the high school districts of the NYCDOE be a subcommittee of the District Leadership Team (DLT).

Public comment will be received for 45 days.

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

The State Education Department issued a notice of proposed rule making and emergency adoption to create three revisions to the eligibility requirements for the endorsement pathway to certification to allow 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. Regulations are being adopted on emergency basis for candidates who wish to apply during the summer in anticipation of the 2019-2020 academic year. Public comment will be received for 60 days.

Statement of Continued Eligibility for Certain Teachers of Students with Disabilities

The State Education Department issued a notice of proposed rule making and 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. Public comment will be received for 60 days.

Eligibility Criteria for Student Financial Aid Award Programs Under Article 14 of the Education Law

The Higher Education Services Corporation (HESC) issued a notice of proposed rule making and emergency adoption to expand of the eligibility requirements for student financial aid programs to undocumented and other individuals who attend a New York State institution of higher education beginning with the fall 2019 term in accordance with the newly enacted DREAM Act. Decisions on applications for these programs are made prior to the beginning of the term, which generally begins in August. Therefore, emergency adoption is necessary to avoid an adverse impact on the processing of awards to eligible scholarship applicants. Public comment will be received for 60 days.

Funding Opportunities

Services to Older Refugees Program (SORP)

The Bureau of Refugee Services (BRS) of the New York State Office of Temporary and Disability Assistance (OTDA), issues this RFP to solicit applications from qualified applicants to provide assistance to older refugees age 60 and above for the purpose of accessing available mainstream aging services in their communities. OTDA anticipates distributing $1,116,530 in Services to Older Refugees Program (SORP) funds for 60-month contracts under this procurement. All program funds allocated for the administration of the program are received from the federal Office of Refugee Resettlement (ORR) and subject to continued availability and State appropriation thereof. Use of these funds must relate to the provision of activities that support integration and wellness for older refugees.

Due July 12, 2019

Statewide Youth Development Survey

The Office of Alcoholism and Substance Abuse Services (OASAS) is requesting proposals from organization that are qualified to conduct two bi-annual statewide Youth Development Surveys (YDS). The surveys will assess alcohol, substance use and gambling prevalence, as well as risk and protective factors among students in grades 7 through 12. Data from the YDS will support State, county and community planners in targeting scarce resources to areas of highest risk for alcohol, substance use, gambling, and/or other problem behaviors.

Due July 17, 2019

The Managed Long Term Care Independent Consumer Advocacy Network and Ombudsman Program

The Department of Health (DOH), Office of Health Insurance Programs (OHIP), Division of Long-Term Care (DLTC) announces the availability of state funds to develop and maintain the Independent Consumer Advocacy Network Ombudsman Program for Managed Long Term Care (MLTC) Participants, Fully Integrated Duals Advantage (FIDA) Program Participants, Participants in Medicaid Managed Care receiving Long Term Support Services (LTSS), Fully Integrated Duals Advantage for individuals with Intellectual and Developmental Disabilities (FIDA-IDD) Participants, and for Participants in Health and Recovery Plans (HARP) throughout New York State. NYSDOH is seeking to fund one entity to provide Ombudsman services to this population of individuals. The Ombudsman program is intended to facilitate eligible persons’ experience in receiving, and applying to receive, long term services and supports in a managed care environment. The Ombudsman will act as a resource and advocate for consumers and families as they navigate New York’s Long Term Support Services programs and will provide participants with direct assistance in navigating their coverage and in understanding and exercising their rights and responsibilities. The funded applicant will be the single entity in charge of Ombudsman services and shall develop a statewide infrastructure to deliver services on a local level. Local agencies will assist in the direct delivery of services though subcontract(s) with the funded applicant.

Due July 18, 2019

Implementation of the Diagnostic Tool for School and District Effectiveness and Support for Target Districts and Identified Schools

The New York State Education Department (NYSED) Office of Accountability is seeking proposals from vendors with demonstrated knowledge, expertise and the capacity to provide district and school-based technical assistance aligned to the Diagnostic Tool for School and District Effectiveness (DTSDE) in New York’s Comprehensive Support and Improvement (CSI) schools and Target Districts; provide professional development on DTSDE to educational leaders across the state; and help develop capacity within the field. Target Districts use the feedback from the DTSDE needs assessment process and on-site technical assistance to complete a District Comprehensive Improvement Plan and any necessary School Comprehensive Education Plans.

Due July 19, 2019

Upstate Model Family Representation Office

The New York State Office of Indigent Legal Services (ILS) announces the availability of funds and solicits proposals from New York State counties for the establishment of a model Family Representation Office (the “Model Office”) in a county outside of New York City to provide legal representation to parents in child protective proceedings under New York Family Court Act Article 10 and termination of parental rights proceedings (“state intervention cases”). New York Counties, other than counties within New York City, are eligible to apply. The intent of this Request for Proposals (“RFP”) is to improve the quality of indigent legal services by establishing, in a county outside of New York City, a demonstration project which will implement standards and best practices in state intervention cases as embodied in ILS’ Standards for Parental Representation in State Intervention Matters.

Due July 19, 2019

New York Community Greenworks Initiative

Through this Request for Applications (RFA), the Department of State (DOS) will select up to six (6) not-for-profit community-based organizations (CBOs) to participate in Phase I of the New York Community Greenworks Initiative. Phase I is completion of the Greenworks Training Institute to develop New York Community Green Leaders (Green Leaders). The Training Institute is comprised of two weeklong training workshops, culminating in completion of a Greenworks Action Plan and identification of a “first mover” project. Successful completion of the Training Institute and identification of a “first mover” project provides eligibility to apply for a Phase II grant to support project implementation. A first mover project will utilize methods and practices that develop or redevelop structures using the Greenworks Action Plan created under this program. It will be an implementable project actionable during Phase II of the program. Phase II will become available in a separate Request for Applications.

Due July 24, 2019

New York State Consolidated Funding Application 2019

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 to advance the priorities of the Regional Economic Development Councils (REDC). This announcement is meant to provide a general overview of the programs included in this year’s REDC/CFA competition and does not contain all program requirements and guidelines. Full solicitations, application materials, and details for CFA workshops are available online at http://regionalcouncils.ny.gov.

Due July 26, 2019

Restraint and Seclusion Landscape Analysis, Technical Assistance Resource Center, and Advocacy

The New York State Developmental Disabilities Council (DDPC) is announcing availability of grant funds to: fund one grantee up to $400,000 ($150,000 in Year 1, and $250,000 in Year 2) to implement an Environmental Scan, hold stakeholder focus groups and forums across multiple New York State service systems, showcase best practices in reducing restrictive interventions, and establish a statewide set of principles that provide guidance for providers to reduce their use of restraints and seclusion as behavioral interventions, with specific focus on individuals with intellectual, developmental (ID/DD) and other disabilities. The New York State Developmental Disabilities Planning Council (DDPC) is leading an inter-agency effort to reduce the use of R/S, and other restrictive interventions within the New York State Human Services delivery systems. Other State Partners include: The New York State Office of Mental Health (OMH), The New York State Office for People with Developmental Disabilities (OPWDD), The New York State Office of Children and Family Services (OCFS), and The New York State Education Department (SED). It is the intent of these agencies to focus on positive alternatives and models to reduce the use of restrictive interventions across the state.

Due July 26, 2019

2019 Mobile Markets Grant Program- Brooklyn

The Mobile Markets Grant Program will fund not-for-profit organizations to establish or expand mobile farmer’s markets or to serve as mobile emergency food providers carrying fresh, locally sourced food for distribution in Central Brooklyn.

Due July 31, 2019

The Domestic Violence Prevention Initiative

This Request for Proposal (RFP) provides program and application guidelines for the NYS Office for the Prevention of Domestic Violence (OPDV) Domestic Violence Prevention Initiative. OPDV is accepting proposals from NYS domestic violence providers/programs that are licensed and/or approved by the NYS Office of Children and Family Services (OCFS) to create a new program or enhance an existing initiative aimed at domestic violence prevention.

Due August 2, 2019

Mentorship in Medicine and Other Health Professions

The Department of Health (DOH) has announced funding to support activities and approaches designed to contribute toward the reduction of barriers by promoting an increase in the number of economically disadvantaged and underrepresented minority students who elect to pursue careers in medicine and health related professions to become physicians and other health care professionals. Not-for-profit, governmental entities and tribal organizations are eligible to apply.

Due August 22, 2019

New York State Age-Friendly Planning Grant Program

The New York State Office for the Aging (NYSOFA) seeks applications from counties to support Governor Cuomo’s priority of promoting policies and programs that bolster New York State’s position as the first age-friendly state in the nation. The Age-Friendly Planning Grant Program will build upon the State’s successes and offer funding within each Regional Economic Development Council (REDC) Region of $800,000 total to fund age-friendly planning and activities as well as $200,000 total to support Age Friendly Centers of Excellence.

Due August 30, 2019

2019-20 Title I School Improvement Grant 1003 Basic

Section 1003 of 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 2019-20 District Comprehensive Improvement Plan (DCIP) and 2019-20 School Comprehensive Education Plan(s) (SCEP) and thereby improve student performance. These funds are to be used to support planning and implementation of school improvement activities as required in the ESEA. The following districts/schools The following districts/schools are eligible for 2019-20 Section 1003 Basic School Improvement funding: for 2019-20 Section 1003 Basic School Improvement funding: Title I Target Districts, CSI Schools, and TSI Schools.

Due August 31, 2019

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

Board of Regents Monthly Meetings

  • July 15 – 16 (Monday and Tuesday)
  • August (Recess)
  • September 9 – 10 (Monday and Tuesday)
  • October 7 – 8 (Monday and Tuesday)
  • November 4 – 5 (Monday and Tuesday)
  • December 9 – 10 (Monday and Tuesday)

Upcoming NYSED State Board Meetings

Justice Center

The New York State Justice Center will be holding five regional conferences across New York State beginning May 22 (Albany), and continuing on June 24 (New Hampton), July 26 (Hamburg), October 4 (Syracuse), and October 24 (Brooklyn). Each session is targeted for different audiences including provider agency representatives under the jurisdiction of the Justice Center, individuals receiving services, families, peer advocates and other interested stakeholders