Education & Human Services News June 4, 2019

Governor Cuomo Launches “The Time Is Now” Campaign to Push Women’s Justice Agenda

Yesterday, Governor Cuomo launched the Women’s Justice Agenda: “The Time Is Now” campaign to urge the Legislature to pass the Equal Rights Amendment, eliminate the statute of limitations for rape in the second and third degrees, further strengthen New York’s pay equity law and pass further protections against sexual harassment in the workplace. “At a time when the nation is under tremendous threat from this federal administration, New York is setting a national standard for social justice and for women’s rights,” Governor Cuomo said. “We codified Roe v. Wade and the contraceptive care act and protected domestic abuse victims with the Red Flag law. Now we need to pass the ERA, strengthen sexual harassment protections, bolster pay equity laws and eliminate the statute of limitations for rape. Those are the four items that we want to get done in the last 11 days of session, and there is no reason why the legislature should not pass these bills. With these laws, New York will continue to lead the nation for women’s rights and women’s equality. We are not going to stop fighting until we make it a reality.”

Legislative Spotlight

The following bills recently passed both houses of the Legislature:

Creates a Cost Estimation Model for Child Care

  1. 580 Jaffee – S.245-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. The cost estimation model shall identify and take into account cost drivers including, but not limited to, employee salary and benefits, enrollment levels, facility costs and compliance with statutory and regulatory requirements. Where a quality rating system or any quality indicators are being utilized, the cost estimation model shall also take into account the cost of providing services at each level of quality. OCFS shall use this information to prepare a report to the Governor and Legislature by June 1, 2021 and annually thereafter. OCFS will also be required to post the report on their website. If signed into law, this act shall take effect immediately.

Allows Boards of Education of Every School District to Require Minors who are Five Years of Age to Attend Kindergarten

  1. 7112 Benedetto – S.1624 Skoufis

This bill authorizes the board of education of every school district in within the state to require minors who are five years of age on or before December first to attend kindergarten, except minors whose parents elect not to enroll their children in school until the following September, or students enrolled in non-public school or are home schooled. This authorization is currently provided to certain city school districts across the state and would be expanded statewide.  If signed into law, this act shall take effect immediately.

Provides Rent Subsidies to Individuals Living with Roommates

  1. 4258 Hevesi – S. 4339 Salazar

This bill clarifies that individuals receiving a child welfare housing subsidy can live with roommates. The housing subsidy is a rent subsidy program that assists: reuniting parents with children placed in foster care when housing is the only barrier, helps to prevent children from entering foster care when housing is the only obstacle to a child remaining at home, and assists youth ages 18 and older who are able to live  independently to secure permanent housing when they leave care. The subsidy currently pays up to three hundred dollars per month for up to 3 years or $10,800. If signed into law, this act shall take effect immediately.

Mandates Training of Domestic Violence Direct Care Workers in Adverse Childhood Experiences

  1. 4268 Hevesi – S.2659 Savino

This bill requires all direct-care employees of domestic violence shelters, safe dwellings, and domestic violence programs to be trained in Adverse Childhood Experiences (ACEs). Training shall include identifying individuals who have experienced ACEs, effective strategies for assisting and interacting with such individuals, and how to locate programs and services to which such individuals with ACEs may be referred. The Office of Temporary and Disability Assistance and the Office of Children and Family Services will contract with an entity, or entities in partnership, to develop and provide training which will be provided at no cost to employees. If signed into law, this act shall take effect in 180 days.

Requires the Anchoring of Furniture and Electronics

  1. 29A    Rosenthal L – S.3563-A Serrano

This bill requires child day care centers and foster care agencies including boarding home or group homes to take measures to securely anchor to the floors or walls of such facility all items of large furniture and all electronic appliances capable of being tipped over due to design, height, weight, stability or other features, using angle-braces, anchors or other anchoring devices. Any item of furniture or electronic device which cannot be so anchored must be removed from the facility. If a violation occurs, a written notice will be provided and the operator of the facility must current the violation immediately. If the violation is not corrected, OCFS may take enforcement action. If signed into law, this act shall take effect in 180 days.

Creates a Report on Initiatives Created in Response to the Heroin and Opioid Epidemic

  1. 1068 Rosenthal L — S4650 Sanders

This bill directs the Office of Alcoholism and Substance Abuse Services (OASAS) to provide a report to the Legislature on the status and outcomes of initiatives created in response to the heroin and opioid epidemic including: opioid treatment programs, crisis detoxification programs, 24/7 open access centers, adolescent club houses, family navigator programs, peer engagement specialists, recovery community and outreach centers, regional addiction resource centers and the state implementation of the federal opioid state targeted response initiatives. If signed into law, this act shall take effect immediately and information shall be provided quarterly, beginning no later than July 1, 2019.

Creates an Open Door Process for the Office for People with Developmental Disabilities (OPWDD)

  1. 6344-A Gunther —  S.5347 Carlucci

This bill requires OPWDD to make information available on their website regarding the process for individuals to obtain eligibility for services and to seek access to services, including, but not limited to, residential, respite, employment, habilitation, and self-directed services. Such information shall be presented with flow charts or other visual aids as determined appropriate by the commissioner of the office for people with developmental disabilities to aid in the awareness and understanding of the service delivery process. If signed into law, this act shall take effect in 90 days.

New York State Register

Adolescent Offender Facilities

The Department of Corrections and Community Supervision has issued a notice of proposed rule making to reclassify the following two existing correctional facilities to adolescent offender facilities, pursuant to the Raise the Age law:

  • The Adirondack Adolescent Offender Facility in Essex County at Ray Brook, NY shall be an adolescent offender facility for males 16 or 17 years of age at the time of their crime and at the time of sentencing; and
  • The Hudson Adolescent Offender Facility shall be used as a center for males and females who are 16 and 17 years of age at the time of their crime and at the time of sentencing. It shall also be used for general confinement of males and all females who are 16 and 17 years of age at the time of sentencing. The facility also has an Adolescent Offender Separation Unit (AOSU) for male youthful inmates and a separate AOSU location for females, who are 16 or 17 years of age at the time of sentencing and are serving disciplinary confinement sanction.

Public comment will be received for 60 days.

Continuing Teacher and Leader Education (CTLE) for Educators in Nonpublic Schools

The State Education Department has issued a notice of proposed rule making to make technical amendments to the CTLE regulations for educators employed in nonpublic schools including:

  • The definition of a “CTLE certificate holder” would include educators who work in a nonpublic school in addition to a school district or BOCES in New York State.
  • The definition of “practicing” would no longer be limited to employment in a position requiring certification because educators in nonpublic schools are not required to be certified.

Public comment will be received for 60 days.

Creation of Safety Nets for the Science Content Specialty Tests (CSTs)

The State Education Department has issued a notice of proposed rule making to create safety nets for the CSTs in Biology, Chemistry, Earth Science and Physics that would become effective when the revised CSTs in Biology, Chemistry, Earth Science and Physics become operational. When these revised CSTs become operational, a candidate would be able to take either the applicable revised CST or the applicable predecessor CST in Biology, Chemistry, Earth Science or Physics for one year after the revised CSTs becomes operational. The proposed safety nets allow candidates to be held harmless during a one-year transition period from the predecessor CSTs to the revised CSTs. Public comment will be received for 60 days.

Conditional Initial Certificate Requirements

The State Education Department has issued a notice of proposed rule making to repeal Section 80-5.17(c) to confirm that candidates may be eligible for an Initial certificate during the entire validity period of the Conditional Initial certificate and even after their Conditional Initial certificate expires. Currently, section 80-5.17(c) of the Commissioner’s Regulations describes when candidates must submit evidence of meeting their examination requirement(s). Public comment will be received for 60 days.

Educational Broadcast Councils and Radio Stations

The State Education Department has issued a notice of proposed rule making to reduce costs incurred by each Council and Radio Station for redundant annual certified audits and to streamline reporting process. Public comment will be received for 60 days.

Requirements for Transitional D Programs That Lead to School District Leader Certification

The State Education Department has issued a notice of proposed rule making to require that Transitional D programs provide written notification to candidates that they must apply for the Transitional D certificate upon enrollment in the program and submit an institutional recommendation for certification immediately upon the candidates’ enrollment. The Department is also proposing to remove the stipulation that limits admission to Transitional D programs to candidates with limited or no school experience. Public comment will be received for 60 days.

Certification of Manufacturers and Wholesalers for Export Purposes

The State Education Department has issued a notice of emergency adoption and proposed rule making to allow the Department to immediately resume performing the function of issuing free sale certificates to New York State registered manufacturers or wholesalers seeking to sell their drugs and/or devices in foreign countries. Since departure of the former executive secretary of the State Board of Pharmacy in January 2019, the Department has been unable to issue any free sale certificates because regulation only permits the executive secretary to do so. Therefore, the proposed amendment permits either the executive secretary or a designee of the Commissioner of Education to issue these certificates. The emergency rule will expire August 4, 2019 and pubic comment will be received for 60 days.

Transitional H Pathway for School District Business Leader Certification

The State Education Department has issued a notice of adopted rule making to expand the type of eligible experiences for the transitional H pathway for school district business leader certification. Previous regulations limited eligible experience to completion of at least 3 years as a licensed certified public accountant auditing New York State school districts, BOCES, or municipalities. The adoption of these regulations include completion of at least 3 years working as a licensed certified public accountant within the business office of one or more such school districts, BOCES, or municipalities as eligible experience.

Administration of Certain Vaccines by Pharmacy Interns

The State Education Department has issued a notice of adopted rule making to allow the administration of immunizations by a pharmacy intern, certified to administer immunizations, under the immediate and personal supervision of a licensed pharmacist certified to immunize.

Higher Education Programs

The Higher Education Services Corporation (HESC) has issued a notice of emergency rule making for the following programs in order for HESC to be able to process applications in a timely manner:

  • New York State Teacher Loan Forgiveness Program
  • New York State Masters-in-Education Teacher Incentive Scholarship Program
  • New York State Get on Your Feet Loan Forgiveness Program
  • NYS Part-Time Scholarship (PTS) Award Program

New York State Achievement and Investment in Merit Scholarship (NY-AIMS)

Funding Opportunities

Making A Connection

The Bureau of Refugee Services (BRS) of the New York State Office of Temporary and Disability Assistance (OTDA), issues this Request for Proposals (RFP) to solicit applications from qualified applicants to match refugee youth aged 15-24 with positive adult mentors to promote civic and social engagement and support individual educational and vocational advancement. BRS anticipates entering into 60-month contracts under this procurement. All program funds are subject to continued availability and state appropriation thereof. All funds allocated for the administration of the program are received from the federal Office of Refugee Resettlement (ORR). The amount of funding will be adjusted annually based on funding availability. Use of these funds must relate to the provision of employment and supportive services to refugees. Other costs, such as construction and renovation costs, are not allowable under this program.

Due June 5, 2019

2020-2023 Clinically-Rich Intensive Teacher Institute in Bilingual Education and English to Speakers of Other Languages

The New York State Education Department (NYSED) Office of Bilingual Education and World Languages (OBEWL) is seeking proposals for the creation of a Clinically-Rich Intensive Teacher Institute (CR-ITI) in Bilingual Education (BE) and/or English to Speakers of Other Languages (ESOL) program, addressing the shortage of certified bilingual and ESOL teachers throughout New York State (NYS).

Due June 6, 2019

Pre-Employment Transition Services (Pre-ETS) for Students with Disabilities

The State Education Department (SED) is seeking proposals to provide preemployment transition services to students with disabilities (who are not currently receiving ACCES-VR services but are potentially eligible) that prepares them for successful long-term employment consistent with their strengths, abilities, interests and informed choice. The Pre-Employment Transition Services for Students with Disabilities project will be 100% funded by Title IV of the Rehabilitation Act of 1973, as amended by WIOA. Pre-Employment Transition Services for Students with Disabilities will result in contracts for a five (5) year project beginning on January 1, 2020 and ending December 31, 2024. Eligible applicants are not-for-profit and community-based organizations that provide services to students with disabilities; community rehabilitation programs; independent living centers; institutions of higher education; New York State public school districts, approved in-State private schools for students with disabilities, Special Act School Districts, (see link below), State supported schools and Boards of Cooperative Educational Services (BOCES). Eligible applicants must apply individually.

Due June 10, 2019

Solutions to End Homelessness Program (STEHP)

The goal of STEHP is to assist individuals and families to prevent the eviction process, remain in or obtain permanent housing, and/or assist them with supportive services during their experience of homelessness. The Office of Temporary and Disability Assistance (OTDA) intends to support comprehensive programs that are designed to: assist individuals living on the street with outreach services; help maintain and improve the quality of emergency and transitional shelters and drop-in centers for homeless individuals and families; help meet the costs of operating such programs; provide comprehensive supportive services aimed at housing stabilization; provide rapid re-housing services (obtaining a permanent living situation); and/or provide eviction prevention assistance to individuals and families.

Due June 14, 2019

2018-16 Advantage After School Program

*Please note this RFP has been amended and the deadline has been extended

The New York State Office of Children and Family Services (OCFS) invites not-for profit, community-based organizations to submit proposals for the development of quality after school programs based on the Advantage After School Program (AASP). AASPs, in partnership with local schools, offer a broad range of educational, recreational, cultural, and age-appropriate activities in a safe environment; they integrate what happens in the school day with less formal learning experiences, and encourage the active participation of children, youth and families in the design and delivery of program activities. In this Request for Proposals (RFP), OCFS has been allocated $33 million in Federal Temporary Assistance for Needy Families (TANF) funds to develop, extend and/or expand AASPs. These grant funds shall be used to supplement, and not supplant, current local expenditures of federal, state or local funds on after-school programs and the number of students served in such programs from such sources.

Due June 18, 2019

Regional Prevention and Support Services Initiative for Long Island (Nassau and Suffolk Counties)

The New York State Department of Health AIDS Institute (NYSDOH AI), Division of HIV, Sexually Transmitted Disease (STD), and Hepatitis C (HCV) Prevention announces the availability of $2,300,000 annually in New York State (NYS) funding to provide a high impact approach to prevention and support services to achieve Ending the Epidemic (ETE) initiative goals. Funding will support programs that provide a comprehensive range of HIV/STD/HCV prevention interventions and related services.

Due June 20, 2019

Access and Visitation

The New York State Office of Temporary and Disability Assistance (OTDA) has issued a Request for Proposal (RFP) for the Access and Visitation Program. The agency is seeking proposals from community-based, not-for-profit organizations to provide access and visitation services to parents living separately and their children. The Access and Visitation Program is funded by a federal grant authorized in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, to support and facilitate noncustodial parents’ access to and visitation with their children. Complete with safety measures, each program must support and facilitate noncustodial parents’ increased parenting time with their children.

Due June 27, 2019

Statewide Youth Development Survey

The New York State (NYS) 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

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

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

Coming Up

Board of Regents

  • The NYS Board of Regents is scheduled to meet:
  • 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)

NYSED State Boards

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.

NYS Children’s Medicaid System Transformation

  • New York State (NYS) invites Children and Families who are participating in the new Medicaid Children’s Waiver and/or who are receiving newly available mental health or substance abuse State Plan Services to attend an in-person event. The in-person events will discuss the Children’s Medicaid System Transformation, including new Medicaid services and the move to Medicaid Managed Care. The NYS Department of Health and Offices of Mental Health (OMH), Alcoholism and Substance Abuse Services (OASAS), Children and Family Services (OCFS), and Office for People With Developmental Disabilities (OPWDD) have scheduled five (5) meetings this summer for families to share thoughts, ask questions and get more information. These are follow-up meetings to two virtual meetings held earlier this year.
  • Tarrytown- June  3, 2019
  • New York City- June  4, 2019
  • Albany- June 11, 2019
  • Buffalo- June 12, 2019
  • Syracuse- June 13, 2019