Plugged In To Education

February 23, 2021

Coverage of updates in lower education, higher education & human services.

What’s Inside

  • U.S. Department of Education Releases Guidance to States Regarding Assessments
  • Executive Order Tracks Vaccinations Among Teachers
  • Updated Guidance for College Campuses Released
  • Summer Camps Given the Go-Ahead
  • SUNY Announces Elimination of Application Fees for Low-Income Students
  • S. Department of Education Releases COVID-19 Handbook
  • SED Provides Clarification on Release of State Aid and P-12 Grant Program Payments Subjected to DOB Withholdings
  • Federal Government Amplifies Expansion of SNAP Benefits to Help Students Pursuing Postsecondary Education
  • New COVID-19 Guidance
  • NYS Register
  • Funding Opportunities
  • Coming Up

U.S. Department of Education Releases Guidance to States Regarding Assessments, Blanket Assessment Waivers Will Not be Considered

Yesterday the U.S. Department of Education released guidance to states emphasizing the importance of flexibility in administering assessments this year as a result of the pandemic and supporting the use of assessment data as a source of information for parents and educators to target resources and support, rather than for accountability purposes this year. Flexibilities available to states includes: Extending the testing window and moving assessments to the summer or fall, giving the assessment remotely, where feasible, and shortening the state assessment to make testing more feasible to implement and prioritize in-person learning time. In a letter to school officials, the Department stated that accountability waivers will be considered but blanket waivers of assessments will not.

As a result, State Ed issued the following statement: “USDE informed states last night that it will not grant a blanket waiver for state assessments. While we are disappointed by this decision, we are examining all possible options. Further, USDE made the right call in affirming that no child should be made to come to school to take a state assessment. In addition, USDE agreed to uncouple state assessments from ESSA accountability requirements so that results solely will be used as a measure of student learning. Given these circumstances, the Department will propose a series of regulatory amendments at the March Board of Regents meeting so Regents Exams would not be required to meet graduation requirements and to cancel any Regents Exam that is not required by USDE to be held. We continue to have discussions with USDE regarding this matter to find a path forward that is best for the health and safety of all New York’s children.”

Executive Order Tracks Vaccinations Among Teachers

Governor Cuomo issued Executive Order 202.95 yesterday which states, through March 24, 2021:

  • A teacher employed by a P-12 school (public or non-public) or school district must report that they have received a COVID-19 vaccination to their employing school or school district upon request of the district for purposes of Department of Health reporting only. Nothing contained within this directive shall be read as requiring any teacher to receive the COVID-19 vaccination.

Commencing Wednesday February 24, 2021 and every Friday thereafter, every school and school district shall report to the Department of Health, on a weekly basis, in a form and manner to be determined by the Department, the number of completed COVID-19 vaccinations reported in the prior week, as well as the number and percentage of teachers instructing students in-person during the prior week. Such weekly report shall include any other data elements as the Commissioner of Health determines to be appropriate to track in-person instruction in such schools and school districts.

Updated Guidance for College Campuses Released

Last week Governor Cuomo released updated guidance for infection rates and testing protocols on college campuses. Starting 2/19/21 whenever the lesser of 100 individuals or 5% of the total on-campus population tests positive within a rolling 14 day period, the location must immediately transition to remote learning and limit on-campus activities for 14 days. However, if on average 25% of the on-campus population is tested weekly, as part of surveillance testing, the location does not have to transition to remote learning or limit on-campus activity unless the greater of 100 individuals or 5% of the total on-campus population tests positive using a 14 day rolling average.

Summer Camps Given the Go-Ahead

Governor Cuomo also announced day and overnight summer camps in New York State can begin to plan for reopening. The Department of Health will issue specific reopening guidance, including details on timing, in the coming weeks.

SUNY Announces Elimination of Application Fees for Low-Income Students

State University of New York Chancellor Jim Malatras announced the elimination of application fees for high school seniors from low-income households applying to SUNY campuses. Beginning on March 1, students who financially qualify for free or reduced-price lunch programs, whose household income does not exceed 185 percent of the federal poverty guidelines, or are from foster families are eligible to apply to up to seven SUNY campuses through www.suny.edu/start, saving up to $350 in application fees per student.

U.S. Department of Education Releases COVID-19 Handbook

The Centers for Disease Control and Prevention (CDC) and the U.S. Department of Education (ED) provided recommendations and considerations based on the most recent scientific evidence to support school and district leaders and educators in meeting these ever evolving, significant challenges for safe reopening. The COVID-19 Handbook will support the education community with implementation guidance, strategies, and considerations.

SED Provides Clarification on Release of State Aid and P-12 Grant Program Payments Subjected to DOB Withholdings

State Ed posted the following on their website on February 2, 2021: “The Division of the Budget (DOB) has informed NYSED that DOB will, at some point, be providing approval for NYSED to make, prior to the end of the 2020-21 state fiscal year, the payments for state aid and other P-12 grant programs that DOB has subjected to 20% withholding. However, please be aware that NYSED is unable to make these payments until DOB provides NYSED with funding and with approval as to the date these payments may be made. NYSED will notify school districts when DOB approval is received and when school districts may expect to receive currently withheld funds.”

Federal Government Amplifies Expansion of SNAP Benefits to Help Students Pursuing Postsecondary Education

The U.S. Department of Education—in collaboration with the U.S. Department of Agriculture (USDA)—issued guidance to postsecondary institutions to inform them about temporarily expanded Supplemental Nutrition Assistance Program (SNAP) eligibility for students in need. The guidance encourages institutions of higher education to coordinate with campus stakeholders to notify eligible students.

New COVID-19 Guidance

NYS Register

Proposed Regulations- 60 Day Comment Period

·     The Office for People with Developmental Disabilities issued a notice of proposed rule making to conform OPWDD waiver services to the federally approved waiver agreement.

·     The State Education Department issued a notice of proposed rule making to implement the provisions of chapter 414 of the Laws of 2019 relating to the licensure of registered pharmacy technicians.

·     The Office for People with Developmental Disabilities issued a notice of proposed rule making to allow Annual Prevocational Assessments to be conducted at a location specified by OPWDD.

·     The Office for People with Developmental Disabilities issued a notice of proposed rule making to make technical corrections to align with current regulation allowing for an annual medication regimen review or more frequently.

·     The Office of Children and Family Services issued a notice of proposed rule making to implement rules regarding release of original birth certificate or related identifying information to adult adopted and other specific persons.

Emergency/Proposed Rule Making/60 Day Public Comment

·     The Office of Children and Family Services issued a notice of emergency rule making to remove an existing regulatory barrier that precludes maintenance reimbursement for residential CSE programs.

·     The State Education Department issued a notice of emergency rule making to provide flexibility for certain regulatory requirements in response to the COVID-19 crisis.

 

Notice of Adoption

·     The Office of Alcoholism and Substance Abuse Services issued a notice of adoption to set-forth the minimum regulatory requirements for certified outpatient substance use disorder treatment programs.

Funding Opportunities

The New York State Education Department (NYSED) Office of Special Education is seeking proposals to develop and deliver professional development programs for Impartial Hearing Officers (IHOs) who conduct impartial hearings for students with disabilities and conduct investigations of complaints alleging the misconduct or challenging the competence of an IHO. Due February 26, 2021

The NYS Office for the Prevention of Domestic Violence (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) or other organizations as designated by the New York State Coalition Against Domestic Violence (NYSCADV) provider directory to fund 20 housing navigator positions in domestic violence programs across the State with a prioritization of placing a housing navigator position in each of the ten Empire State Development (ESD) regions. Due February 26, 2021

The New York State Education Department (NYSED) announced the availability of funding for the Extended School Day/School Violence Prevention (ESD/SVP) Program to award competitive grants to provide support to students through extended school day activities and/or school safety programs which promote violence prevention. Due March 10, 2021

The New York State Education Department (NYSED) Charter School Office (CSO) is seeking proposals to establish a charter school technical assistance resource provider (TARP) to work with charter schools across New York State. Due March 17, 2021

The New York State Department of Labor (NYSDOL) is making up to $3.7 million in funding available under the Apprenticeship Expansion Grant (AEG-2) Request for Applications (RFA) to expand Registered Apprenticeship (RA) training by increasing employment opportunities for approximately 800 apprentices with a focus on underrepresented populations. Due March 26, 2021

The New York State Education Department (NYSED) announced a Request for Proposal (RFP) for the Workforce Innovation and Opportunity Act Title II and Welfare Education Program to provide adult education and literacy services to assist out-of-school youth and adults to become literate and obtain the knowledge and skills necessary for employment and economic self-sufficiency and assist these individuals in the completion of a secondary school education. Due March 30, 2021

Coming Up

The Board of Regents will hold their next meeting on March 15 – 16 (Monday and Tuesday).

The following State Boards of Professions will meet:

Clinical Laboratory Technology Education Committee: March 5, 2021 (WebEx Meeting)

Plugged In to Education is prepared by Hinman Straub P.C. and is intended to keep our clients informed about news and Legislative and regulatory developments that may affect or otherwise be of interest to them. The comments contained herein do not constitute legal opinion and should not be regarded as a substitute for legal advice. If you prefer not to receive these updates, please alert us so we may remove you from our distribution list. © Hinman Straub P.C. 2020. All rights reserved.