Plugged In To Education

October 6, 2023

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

What’s Inside

  • Governor Hochul Launches $60 Million Nonprofit Infrastructure Capital Investment Program
  • $100 Million Available for Zero-Emission School Buses
  • Comptroller Releases Audit of the Nourish NY Program
  • HECap Awards Announced
  • State Education Department Issues Determination on Biometric Identifying Technology in Schools
  • Transfer Pathways Announced to Support Community College Students
  • Changes Announced to Community Eligibility Provision for School Meals
  • Governor Hochul Celebrates First Month of Expanded Eligibility for Child Care Assistance
  • Funding Announced for Asylum Seeker Legal Services and Case Management
  • Policies & Directives
  • Funding Opportunities
  • State Register
  • Coming Up

Governor Hochul Launches $60 Million Nonprofit Infrastructure Capital Investment Program

Governor Kathy Hochul announced that a minimum of $60 million in capital grant funding will be available to nonprofit human services organizations through the Nonprofit Infrastructure Capital Investment Program to support the delivery of critical services to New Yorkers. Eligible nonprofit organizations that provide direct programs and services to New Yorkers may receive grants ranging from $50,000 to $500,000 for the completion of small- and large-scale construction projects. The Request For Applications is available here.

$100 Million Available for Zero-Emission School Buses

Governor Kathy Hochul announced $100 million will be made available on a statewide basis for zero-emission school buses in the first round of funding under the $4.2 billion Clean Water, Clean Air, and Green Jobs Environmental Bond Act of 2022. The New York State Energy Research and Development Authority (NYSERDA) also released the program rules, officially launching the pre-application process through which bus manufacturers and dealers can apply to qualify for the New York School Bus Incentive Program (NYSBIP). The application process to receive funding will open on Wednesday, November 29, 2023. To provide more information about the NYSBIP goals, guidelines, process, and timelines, NYSERDA will host a webinar on October 11, 2023 at 12 p.m.

Comptroller Releases Audit of the Nourish NY Program

The NYS Comptroller DiNapoli conducted an audit of the Nourish NY program and found that the program needs better oversight to connect more food banks and in-state farms to funding. “The Nourish New York Program is vital and addresses significant needs in both rural and urban communities to combat food insecurity,” DiNapoli said. “The state’s Department of Health and Department of Agriculture and Markets need to provide stronger oversight to help the program reach its full potential. Greater and clearer guidance to food relief organizations will enable them to get the funds needed to buy New York-made farm products and should help increase the number of participating farms.”

HECap Awards Announced

Last month it was announced that $63.6 million in capital grants at were awarded to 30 colleges and universities across New York State through the Higher Education Capital Matching Grant Program. These HECap awards support projects that provide construction of new laboratory and research spaces, educational facilities as well as the purchase of new instructional technologies and equipment. Click here for full list of grant awards.

State Education Department Issues Determination on Biometric Identifying Technology in Schools

New York State Education Department Commissioner Betty A. Rosa issued a determination on the use of biometric identifying technology in schools, as required by State Technology Law Section 106-b. In reaching this decision, Commissioner Rosa considered the recommendations of the biometrics report conducted by the Office of Information Technology Services, which was released on August 7, 2023. She concluded that serious concerns surrounding the use of facial recognition technology do not outweigh its claimed benefits.

Transfer Pathways Announced to Support Community College Students

Governor Kathy Hochul announced the expansion of transfer pathways at 19 campuses across the State University of New York that will help more community college students continue their higher education and complete their bachelor’s degree. As a result of New York State investment through the SUNY Transformation Fund, which was enacted in this year’s budget, SUNY will strengthen transfer opportunities between campuses and offer more students early advisement.

Changes Announced for Community Eligibility Provision for School Meals

Last week it was announced that federal regulations lowering the community eligibility provision (CEP) threshold eligibility from 40% of directly certified participants to 25% were published and will take effect on October 26, 2023.

Normally newly eligible participants in the school meal program would not be eligible to enter into the CEP program until the spring, when the annual program reopens. However, NYSED has submitted a waiver requested to the US Department of Agriculture that would allow districts to apply or reapply before next year, if the district has newly eligible CEP as a result of the new lowered eligibility threshold.

NYSED has posted the guidance and a copy of their waiver request on their website.

Governor Hochul Celebrates First Month of Expanded Eligibility for Child Care Assistance

Governor Kathy Hochul announced significant progress made in expanding access to affordable child care for New York’s hardworking families, through raising the child care eligibility limit to the federal maximum, as well as capping child care costs and increasing allowable absences for families in the Child Care Assistance Program. This move, part of a $7.6 billion child care investment over four years, raises CCAP eligibility from 300 percent of the federal poverty level, $83,250 for a family of four, to 85 percent of the state median income, or $93,200 for a family of four, assisting over 100,000 additional New York families.

Funding Announced for Asylum Seeker Legal Services and Case Management

Governor Kathy Hochul and Mayor Eric Adams announced $38 million in new State funding to bolster the City’s efforts to provide legal services for asylum seekers. To coincide with the federal rule taking effect today, the city will begin assisting eligible Venezuelan asylum seekers submit their paper applications for TPS and work authorization, in addition to their fee waiver forms at the city’s Asylum Application Help Center, which is also funded by State resources. In the coming weeks, the City and State will scale these efforts, expanding case management and legal services to help more asylum seekers in the city’s care obtain work authorization, stabilize their lives, and provide for themselves so they can move out of shelter.

Policies & Directives

Office of Children & Family Services

  • 23-OCFS-ADM-15 – New York State Bill of Rights for Children and Youth in Foster Care
  • 23-OCFS-ADM-16 – Revised Legally Exempt Child Care Enrollment Forms
  • 23-OCFS-ADM-17 – Clarification on Temporary Changes and Non-Temporary Cessations for the Child Care Assistance Program Posting
  • 23-OCFS-LCM-20 – FFY 2022-23 Title IV-B Subpart 1 Allocations
  • 23-OCFS-LCM-21 – Youth Team Sports Allocation
  • 23-OCFS-LCM-22 – Municipal Allocations for Youth Development Program, Runaway and Homeless Youth, and Youth Sports and Education Opportunity Funding for Program Year October 1, 2023 – September 30, 2024

Funding Opportunities

The Office of Temporary and Disability Assistance (OTDA) issued an Request for Proposals for the Refugee Support Services Program to provide employment and other needed services which assist refugees and other eligible persons and their families in achieving economic and social self-sufficiency as soon as possible after their arrival in the United States. Selected agencies will provide these services to support employability and address barriers to employment such as social and cultural adjustment, job search skills, work experience, and English proficiency. Due October 10, 2023

The State Education Department announced applications for the Arthur O. Eve Higher Education Opportunity Program (HEOP) to provide a broad range of services to New York State residents who, because of educational and economic circumstances, would otherwise be unable to attend a postsecondary educational institution. Non-public institutions of higher education (IHEs) -including for-profit IHEs- incorporated by the Legislature or chartered by the Board of Regents and offering two- or four-year degree programs registered with and approved by the Board of Regents may submit proposals for program support. Due October 20, 2023

The Office of Children & Family Services (OCFS) announced a Solicitation of Interest (SOI) for qualified entities that provide a wide array of Socialization Skills Programs For Children Who Are Legally Blind, that will help develop and reinforce their social skills, independence, confidence, and self-esteem. These programs may take place after school, on weekends, on a year-round basis, or during school vacations; they may be residential or day programs. Due October 25, 2023

The NYS Department of Health (DOH) has issued an RFP for one award for an organization to assist in the development, coordination, and delivery of a comprehensive Family Initiative Training Program that supports and develops parent involvement in the Early Intervention Program (EIP). Due October 31, 2023

The NYS Department of Agriculture and Markets is seeking applicants for the FreshConnect CSA for SNAP grant program to provide funding to eligible organizations to partially subsidize the cost of CSA shares to Supplemental Nutrition Assistance Program participants. New York producers are eligible to receive up to 50% of the cost of a weekly share purchased by a SNAP recipient with their SNAP benefits through an awarded third-party applicant. Due November 1, 2023

The NYS Department of Health, Office of Gun Violence Prevention, is pleased to announce the availability of $2,500,000 annually for two years in New York State funding for a qualified organization for Gun Violence Prevention through Community-led Youth-based Programs to support grassroots community-based organizations that create and maintain local, safe spaces for youth in neighborhoods experiencing the highest rates of gun violence across NYS. These spaces will allow youth, aged 12-24 years old, to gather and engage in tailored, culturally relevant supports, including therapeutic assistance, STEAM (science, technology, engineering, arts, and mathematics) programs, arts and expression activities, recreational training, competitive activities, and organized sports. Due November 8, 2023

To ensure a more resilient food supply chain, the State will fund the Farmers’ Market Resiliency Grant Program. Grant funds must be used to increase farmers’ markets’ resiliency, which may be through the development and enhancement of the farmers’ markets’ infrastructure, online sales and/or delivery capabilities across the state. Projects to support this goal may include but are not limited to developing services, paying expenses, and managing the awarded project activities. Due November 15, 2023

The Office of Mental Health (OMH) announces Request for Proposals (RFP) for the development and operation of 7 Enhanced Young Adult Housing programs located throughout New York State for young adults with a serious mental illness (SMI). Each opportunity consists of Apartment Treatment units (5 or 10) and 20 scattered-site supportive housing units. The target population for all seven programs is young adults between the ages of 18 and 25 with serious mental illness who are coming from an institutional setting or community residence, leaving foster care, or are homeless. Some individuals may have a co-occurring substance use disorder (SUD) and be at various stages of recovery. Due November 16, 2023

State Register

State Education Department

N/A

Office of Children and Family Services

  • Updates to Foster Care Rates (Adopted)
  • Rights of Unmarried Fathers Regarding Adoption of Children in Foster Care (Proposed)

Office for People with Developmental Disabilities

N/A

Office of Temporary and Disability Assistance

N/A

Office of Alcoholism and Substance Abuse Services

N/A

Coming Up

State Education Department

  • Removes Requirement That a Postdoctoral General Practice or Specialty Dental Residency Program Experience be Clinically Based (Emergency)
  • Deadline to Apply and Qualify for the Provisional School Counselor Certificate (Emergency)
  • Education Requirements for Licensure As a Registered Professional Nurse and Licensed Practical Nurse (Emergency)
  • Temporary Practice by Certain U.S. Servicemembers and Servicemembers’ Spouses Licensed or Certified in Another State (Emergency)
  • Requiring Concussion Management Protocols in Nonpublic Schools (Emergency)
  • Universal Prekindergarten Program (UPK) Staffing Qualifications (Emergency)
  • Requirements for Restricted Licenses for Clinical Laboratory Technologists in Molecular Testing (Emergency & Proposed)
  • Timeline for Initial Enrollment or Reentry Identification and Parent Notification, Orientation, and Placement of ELLs (Emergency & Proposed)
  • Rebuilding the Every Student Succeeds Act (ESSA) Accountability System Using 2022, 2023 and 2024 School Year Results (Emergency & Proposed)
  • Supplementary Certificate and Supplementary Bilingual Education Extension Requirements (Emergency & Proposed)
  • Certification as a School Counselor Through Individual Evaluation (Emergency & Proposed)
  • Contracts for Excellence and Class Size Reduction in the City School District of the City of New York (Emergency & Proposed)
  • Licensure of Licensed Behavior Analysts and Certification of Behavior Analyst Assistants (Emergency & Revised)
  • Removes Requirement That a Postdoctoral General Practice or Specialty Dental Residency Program Experience be Clinically Based (Adoption)
  • Deadline to Apply and Qualify for the Provisional School Counselor Certificate (Adoption)
  • Education Requirements for Licensure As a Registered Professional Nurse and Licensed Practical Nurse (Adoption)
  • Employment of Substitute Teachers (Adoption)
  • Extending a Flexibility for Incidental Teaching (Adoption)
  • Licensing Examination and Testing Accommodations in the Profession of Architecture (Adoption)
  • New York State Learning Standards (Adoption)
  • Regents Accreditation (Proposed)
  • Computer Science Tenure Area (Proposed)
  • Fees for Certificates of Existence and Copies of Charter Actions and Consent to Incorporation (Proposed)
  • Appeals to the Commissioner of Education Under Education Law Section 310 (Proposed)

Office of Children and Family Services

Office of Temporary and Disability Assistance (OTDA)

  • Standard Utility Allowances (SUAs) for the Supplemental Nutrition Assistance Program (SNAP) (Emergency & Proposed)

Office of Alcoholism and Substance Abuse Services (OASAS)

Department of Transportation

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.