Plugged In To Education

April 5, 2021

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

Highlights

Governor Announces Nation’s First Assertive Community Treatment Teams Dedicated to Children and Their Families

Governor Kathy Hochul announced $21 million in funding for 15 Youth Assertive Community Treatment teams, providing services and support in the home and community settings. According to the press release, the teams will allow young people who are at risk of entering residential or inpatient psychiatric treatment to receive services while remaining with their families and in their communities. Nearly $15 million in funding is annual and will be provided through state-aid and Medicaid reimbursements, and $6 million is one-time start-up funding from the federal government provided through the time-limited expansions of the Community Mental Health Services (CMHS) Block Grant and Federal Medical Assistance Percentage (FMAP) programs. Additional funding for those programs was allocated under the Coronavirus Response and Relief Supplemental Appropriations Act and the American Rescue Plan Act.

One Time Funding Announced to Address Significant Mental Health Needs

The NYS Office of Mental Health announced this week two opportunities for funding intended to support children and youth in the wake of the coronavirus pandemic, in alignment with the design and intent of the Coronavirus Response and Relief Supplement Appropriations Act and American Relief Act.

• One-time funding of $30,000 per organization will be available for non-profit entities to expand activities that support children and families with significant mental health needs. Eligible applicants must be contracted with/funded by their local county mental health departments with local funds, State Aid monies or direct OMH contracts for mental health related services and supports targeting children and their families.
• One-time funding of $40,000 per OMH-licensed provider agency will be available to expand services and activities that support children and families with significant mental health needs.

Both applications are due by July 1, 2022.

Governor Hochul Announces Public Education Campaign on Cannabis

Governor Hochul announced “Cannabis Conversations,” New York State’s first public health education campaign on cannabis to inform the public on the state’s Cannabis Law, including who can consume, where to consume, and how to consume safely. This wide-reaching campaign will provide parents and caregivers with tools to protect youth, remind New Yorkers of the risks of driving while impaired by cannabis, and other messages to help keep New Yorkers safe and healthy as the new industry develops. These messages will be distributed in English and Spanish through public service advertisements on television, radio, transit, billboards, and social media.

Education Department Proposes Regulations for the Substantial Equivalency of Instruction in Nonpublic Schools

The New York State Education Department proposed multiple pathways for nonpublic schools to demonstrate the substantial equivalency of instruction for students to ensure that nonpublic school students receive the education to which they are entitled under the law. After hearing feedback from nonpublic school representatives, public school representatives, parents, students, and others, the Department incorporated key elements into its new proposed regulations for determining substantial equivalency of instruction. Draft regulations were discussed at the March Board of Regents meeting. Public comment will be accepted until May 31, 2022.

NY Register

March 30, 2022

• The State Education Department issued a notice of emergency rule making to extend flexibilities for annual visitation of voluntarily registered nursery schools and kindergartens to the 2021-2022 school year.
• The State Education Department issued a notice of emergency and proposed rule making to accelerate due process procedures.
• The State Education Department issued a notice of adoption to conform New York State’s licensure requirements for psychologists with national standards and create a pathway for licensure by endorsement.
• The State Education Department issued a notice of adoption to streamline the definition of ‘‘year of experience’’ for permanent or professional certification.
• The State Education Department issued a notice of adoption to align the student enrollment number for eligibility for such exemption with the applicable statute.
• The State Education Department issued a notice of adoption to revise records retention and disposition schedule LGS-1 and to remove superseded disposition schedules.
• The State Education Department issued a notice of proposed rule making to rename such disability classification to ‘‘emotional disability.”
• The State Education Department issued a notice of proposed rule making to address special education due process system procedures.
• The State Education Department issued a notice of proposed rule making to provide guidance to local school authorities to assist them in fulfilling their responsibilities under the Compulsory Ed Law for special education due process system procedures.
• The State Education Department issued a notice of proposed rule making to conform admission requirements for graduate-level teacher and educational leadership programs.
• The State Education Department issued a notice of proposed rule making to extend the instructional hour COVID-19 waiver to the 2022-23 school year.
• The Office of Alcoholism and Substance Abuse Services issued a notice of emergency rule making regarding masking requirements in all OASAS certified/funded/otherwise authorized settings.
• The Office of Mental Health issued a notice of adoption to include children in the populations eligible to receive Assertive Community Treatment (ACT) and other conforming changes.
• The Office for People with Developmental Disabilities issued a notice of adoption to match Federal limitations and use gender neutral terminology in Community Transition Services.
• The Office of Temporary and Disability Assistance issued a notice of emergency rule making to adopt 2019 Novel Coronavirus (COVID-19) masking requirements in congregate shelters.
• The Office of Temporary and Disability Assistance issued a notice of proposed rule making to update state regulations consistent with the repeal, cancellation and revocation of EO No. 38 in its entirety pursuant to EO No. 6, signed by Governor Kathy Hochul on October 8, 2021.

March 23, 2022

• The Office of Alcoholism and Substance Abuse Services issued a notice of proposed rule making to add new Adolescent Program Endorsement and new Ancillary Withdrawal Designation.
• The Department of Health issued a notice of proposed rule making to ensure continuity of care of telehealth services provided to Medicaid enrollees.
• The Office of Mental Health issued a notice of emergency adoption and revised rule making to implement a COVID-19 vaccination program in OMH Operated or Licensed Hospitals.

March 16, 2022

• The Office for the Aging issued a notice of proposed rule making to repeal Part 6656 entitled Limits on Administrative Expenses and Executive Compensation in its entirety.
• The Office of Alcoholism and Substance Abuse Services issued a notice of proposed rule making to establish patient rights and provider obligations regarding patient rights in OASAS programs.
• The Office of Alcoholism and Substance Abuse Services issued a notice of proposed rule making to establish standards in substance use disorder residential services.
• The Office of Alcoholism and Substance Abuse Services issued a notice of proposed rule making to set requirements for providers of substance use disorder withdrawal and stabilization services.
• The Office of Alcoholism and Substance Abuse Services issued a notice of proposed rule making to set requirements for the delivery of residential services.
• The Office of Alcoholism and Substance Abuse Services issued a notice of proposed rule making regarding general provisions applicable to all programs certified, funded or otherwise authorized by OASAS.
• The Office of Alcoholism and Substance Abuse Services issued a notice of proposed rule making to establish standards for substance use disorder residential rehabilitation services for youth.
• The Office of Alcoholism and Substance Abuse Services issued a notice of proposed rule making regarding requirements for substance use disorder inpatient rehabilitation services.
• The Office of Alcoholism and Substance Abuse Services issued a notice of proposed rule making regarding general service standards for substance use disorder outpatient programs.
• The Office of Alcoholism and Substance Abuse Services issued a notice of proposed rule making regarding incident reporting in OASAS certified, licensed, funded, or operated services.
• The Office of Temporary and Disability Assistance issued a notice of emergency  rule making to simplify the SNAP eligibility process for certain elderly and/or disabled residents in New York State.

March 9, 2022

• The Office of Alcoholism and Substance Abuse Services issued a notice of adoption to allow for OASAS programs to become ‘‘tobacco-limited’’ rather than ‘‘tobacco free’’ if they choose to.
• The Office of Children and Family Services issued a notice of adoption to adopt provisions and standards to operationalize compliance with the Federal Family First Prevention Services Act.
• The Office of Mental Health issued a notice of revised rule making to establish standards for a Crisis Stabilization Centers which provides a full range of psychiatric and substance use services.
• The Office for People with Developmental Disabilities issued a notice of emergency rule making regarding mandatory face coverings in OPWDD settings.
• The Office for People with Developmental Disabilities issued a notice of proposed and emergency rule making to provide flexibility in training requirements.

March 2, 2022

• The Office of Children and Family Services issued a notice of emergency rule making to establish minimum standards to control the spread of COVID-19.
• The Office of Children and Family Services issued a notice of emergency rule making to establish minimum standards to control the spread of COVID-19 at residential congregate programs.
• The State Education Department issued a notice of adoption to ensure greater access to immunizations against COVID-19, as permitted by Education Law section 6909.
• The State Education Department issued a notice of adoption to remove face-to-face instruction requirement for the Dignity For All Students Act (DASA)
• The State Education Department issued a notice of proposed rule making to add a new class of drugs to the list of drugs that an optometrist certified to use phase two therapeutic pharmaceutical agents may use and prescribe.
• The State Education Department issued a notice of proposed rule making to revise the content core requirements in registered teacher preparation programs and the individual evaluation pathway to certification for candidates who are seeking an additional science certificate.
• The State Education Department issued a notice of proposed rule making to establish the Literacy (All Grades) certificate.
• The State Education Department issued a notice of proposed rule making to modernize the language and align requirements of the regional technology plans required to be submitted by BOCES.
• The Office of Mental Health issued a notice of emergency rule making to implement COVID-19 Mask Program.
• The Office of Mental Health issued a notice of emergency rule making to establish regulations regarding the expansion of telehealth.

The Office for People with Developmental Disabilities issued a notice of proposed rule making to repeal Part 645 as Executive Order 38 has sunset regarding administrative compensation.

Funding Opportunities

The NYS Division of Veterans’ Services (DVS) is awarding $500,000 to not-for-profits that provide direct Assistance and Support for Veterans’ Programs, with a particular emphasis on assisting veterans who are justice-involved and/or at a heightened risk of becoming justice-involved. Due April 7, 2022

The NYS Office of Mental Health (OMH) announced the availability of funds for the development of 14 Assertive Community Treatment (ACT) teams. ACT teams will serve individuals who have serious mental illness and have not been successfully engaged by the traditional mental health treatment and rehabilitation system. Due April 11, 2022

The NYS Office of Temporary & Disability Assistance (OTDA) announced the T-SNAP Outreach Program to secure the services of eligible organizations to develop and implement innovative ways to connect potentially eligible individuals with SNAP benefits in areas of the state that are underserved. Due April 15, 2022

The NYS Office of Mental Health (OMH) announced the availability of funds to support a Mental Health Resource and Training Technical Assistance Center for Schools to provide support to all New York State public and private schools pursuant to Chapter 390 of the Laws of 2016 and Chapter 1 of the Laws of 2017, requiring mental health instruction as part of the K-12 health curricula. Due April 27, 2022

The NYS Department of Health (DOH), Division of Environmental Health Assessment, Bureau of Environmental and Occupational Epidemiology, is soliciting applications from not-for-profit organizations to contract for a Children’s Environmental Health Center of Excellence. A contract will be awarded to one not-for-profit organization to run this Children’s Environmental Health Center of Excellence to develop and/or oversee a statewide network of Children’s Environmental Health Centers (the Network Centers). These statewide Network Centers will serve as a valuable resource in the recognition and treatment of environmental exposures adversely affecting the health of NY’s children. Due April 27, 2022

The NYS Office of Children and Family Services (OCFS) New York State Commission for the Blind (NYSCB) has released the Assistive Technology Centers (ATC) to provide assessment of the assistive technology (AT) needs and abilities of participants; recommend assistive equipment configurations that meet participants’ individual needs; and provide comprehensive training. Due April 29, 2022

The NYS Office of Mental Health (OMH) released a Request for Proposals (RFP) for the development and operation of a 27 bed Enhanced Young Adult Scattered Site Supportive Housing Program located in New York City for young adults with a serious mental illness (SMI). Due May 5, 2022

The NYS Office of Children and Family Services (OCFS), on behalf of the Commission on National and Community Service, seeks applicants for 2022-2023 AmeriCorps formula grant funding. The Commission is a governor-appointed commission with a diverse, non-partisan body of, among others, representatives of business, labor, education, government, human service agencies and community-based organizations. Due May 6, 2022

The NYS Office of Children and Family Services (OCFS) released the Child Care Deserts Grant to address child care deserts by building and expanding licensed child care capacity to those areas of the state with the least supply. Federal funding is available through the American Rescue Plan Act (ARPA). This RFA is making $63M available for new programs only. $7M will be reserved to fund grant award bonuses on awards for new programs under this RFA, for a total of $70M (70% of total available grant funds). Due May 19, 2022

OCFS issued a FAQ which can be found here.

The NYS Office of Mental Health (OMH) and Office of Addiction Services and Supports (OASAS) announced the availability of operational funds and state-aid for the development of 12 new Intensive Crisis Stabilization Centers (ICSCs) within the 10 economic development regions. This system will emphasize a person-centered continuum of care that enables individuals to enter and exit the system based on need. Due May 19, 2022

The NYS State Education Department (SED) announced the availability of funding for the McKinney-Vento Grant program to facilitate the improved attendance, engagement, and academic success of homeless children and youth. New York State local educational agencies (LEAs), which for the purposes of this RFP are public school districts, charter schools, and BOCES, are eligible to apply for this funding opportunity. Due May 19, 2022

The NYS Office of Mental Health (OMH) announced the availability of awards to School Districts for Student Mental Health Support. These grants are intended to improve student access to mental health resources and assist students who have experienced trauma that negatively affects their educational experience. This program will be administered by the Office of Mental Health and developed in consultation with the State Education Department. Due May 25, 2022

The NYS Office of Mental Health (OMH) has released a Request for Proposal (RFP) for five Youth ACT teams in the Hudson Valley, Central region and Western NY. The Youth ACT team serve children/youth with Serious Emotional Disturbance (SED), who are returning home from inpatient settings or residential services, at risk of entering such settings, or have not adequately engaged or responded to treatment in more traditional community-based services. Due June 2, 2022

The NYS Office of Mental Health (OMH) announced the availability of funds to establish Intensive Crisis Stabilization Centers. Eligible applicants are not-for-profit agencies with 501(c) (3) incorporation or Public Benefit Corporations that have experience providing mental health and substance use services to persons with serious mental illness and/or substance use disorders. Due June 9, 2022

The NYS Office of Mental Health (OMH) announced the availability of funds in the amount of $120,000 annually, through a competitive Request for Proposal (RFP) process, to provide support and connections to young adults aged 18-25 and their families impacted by disparities. OMH invites interested bidders from New York State to submit proposals to serve as a contractor to operate the Expedited Engagement Program (EEP) in the Bronx and/or Brooklyn. Due June 7, 2022

The NYS Office of Mental Health (OMH) announced one-time funding of $40,000 per OMH-licensed provider agency to expand services and activities that support children and families with significant mental health needs. Specifically, these resources are intended to support children and youth in the wake of the coronavirus pandemic, in alignment with the design and intent of the Coronavirus Response and Relief Supplement Appropriations Act and American Relief Act. Due June 7, 2022

Upcoming

On April 5, 2022 through April 13, 2022, the Justice Center for the Protection of People with Special Needs (Justice Center) will be hosting a Summit to feature several individual sessions covering policy updates, trends, prevention materials, and investigative tools. In addition, in-depth sessions on a variety of Justice Center programs will be available. The event is targeted for provider agencies under the jurisdiction of the Justice Center, individuals receiving services, families, peer advocates and other interested stakeholders. Click here for a summary of session topics and here to register.

On April 28 and April 29, 2022 The State Education Department will host a My Brothers Keeper Symposium from 9:45 AM – 1:30 PM.

2022 Regents Meeting Dates

• April 11 – 12 (Monday and Tuesday)
• May 16 – 17 (Monday and Tuesday)
• June 13 – 14 (Monday and Tuesday)
• July 11 – 12 (Monday and Tuesday)
• August – Recess
• September 12 – 13 (Monday and Tuesday)
• October 3 – 4 (Monday and Tuesday)
• November 14 – 15 (Monday and Tuesday)
• December 12 – 13 (Monday and Tuesday)

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.