Plugged In To Education

April 16, 2021

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

What’s Inside Plugged In To Education

Interim Guidance Released for In-Person Instruction at Pre-K To Grade 12 Schools
Graduation, Commencement Ceremonies and End of Year Celebration Guidance Released
USDOE Releases Letter Regarding Executive Order Protecting Against Discrimination
Efforts to Vaccinate Workers at New York State Farms and Food Production Companies Announced
Department of Financial Services Launches New Statewide Office of Financial Inclusion and Empowerment
Regents Respond to USDOE Denial of Assessment Waiver Request
New York State to Provide New Separate Allocation of 35,000 COVID-19 Vaccines for College Students
S. Department of Education Releases “COVID-19 Handbook, Volume 2: Roadmap to Reopening Safely and Meeting All Students’ Needs”
New COVID-19 Guidance
New York Register
Funding Opportunities
Coming Up

Interim Guidance Released for In-Person Instruction at Pre-K To Grade 12 Schools

The New York State Department of Health updated guidance for in-person instruction at Pre-K to Grade 12 schools during the COVID-19 public health emergency last Friday night. Guidance is intended to address all types of public and private (both secular and non-secular) elementary (including pre-kindergarten), middle, and high schools. The guidance states that the Department of Health will not review or approve revisions to school reopening plans which have been previously approved and that modified plans must be posted online, shared with Local Health Departments and the State Education Department.

The Department of Health held a webinar earlier this week where they reviewed key changes including physical distancing, indicators of community transmission, mask requirements, ventilation and filtration, and school plans. You can review the training here.

The guidance came nearly a month after the Centers for Disease Control and Prevention changed its minimum school distancing recommendation to three feet, with the exception of middle and high schools in high transmission areas.

Graduation, Commencement Ceremonies and End of Year Celebration Guidance Released

Governor Cuomo announced new updated guidance for graduation and commencement ceremonies organized by schools, colleges and universities. Effective May 1, indoor and outdoor graduation and commencement ceremonies will be allowed with limited attendee capacity, depending on the event size and the location. After June 1^st, additional end of year celebrations such as proms and graduations and balls will also be permitted with limited attendee capacity, depending on the event size and the location. Detailed guidance for these events is available here.

USDOE Releases Letter Regarding Executive Order Protecting Against Discrimination

The U.S. Department of Education released a letter to students, educators, and other stakeholders regarding Executive Order 14021 on “Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity” which builds off Title IX to prohibit sex discrimination in Federally funded education programs and activities.

Efforts to Vaccinate Workers at New York State Farms and Food Production Companies Announced

Governor Cuomo announced a new targeted effort to vaccinate workers at New York State farms and food production facilities. The state will coordinate with local health departments and Federally Qualified Health Centers to bring pop-up vaccination sites to workers, including migrant workers, at their places of employment.

Department of Financial Services Launches New Statewide Office of Financial Inclusion and Empowerment

Superintendent of Financial Services Linda A. Lacewell announced DFS’ new Statewide Office of Financial Inclusion and Empowerment to protect and empower all New York consumers and move DFS’ priority of economic justice forward. The Honorable Tremaine Wright, previous representative for the 56th District of the New York State Assembly, has been appointed as the first Director of the Office.

Regents Respond to USDOE Denial of Assessment Waiver Request

Earlier this month, the U.S. Department of Education chose not to approve New York’s waiver request to forego state assessments this year. In a statement provided by the Regents, the Education Department announced they will provide as much flexibility for schools as possible within USDOE requirements. “Accordingly, no students should be brought into school just to take a state assessment. Further, the Department will administer only Session 1 of the grades 3-8 assessments in Mathematics and ELA and only the written test component of the Grades 4 and 8 Science Tests. Additionally, only the Regents Examinations required under ESSA will be given during the June 2021 administration, which are the ELA, Algebra 1, Earth Science and Living Environment Exams. The August 2021 Regents Exams are cancelled. The New York State English as a Second Language Achievement Test (NYSESLAT) and New York State Alternate Assessment (NYSAA) are being administered according to the established schedules for those students who are able to safely come into school and take the assessments.”

New York State to Provide New Separate Allocation of 35,000 COVID-19 Vaccines for College Students

New York State will provide a new, separate allocation of 35,000 vaccines to address the college student population at SUNY schools and private colleges. This initial allocation will include 21,000 vaccines to be administered to SUNY students and 14,000 vaccines to be administered at private colleges. The vaccines will be administered to residential and non-commuter students who are leaving for the summer.

U.S. Department of Education Releases “COVID-19 Handbook, Volume 2: Roadmap to Reopening Safely and Meeting All Students’ Needs”

The U.S. Department of Education (Department) released the COVID-19 Handbook, Volume 2: Roadmap to Reopening Safely and Meeting All Students’ Needs to provide additional strategies for safely reopening all of America’s schools and to promote educational equity by addressing opportunity gaps that have been exacerbated by the pandemic. Building off of Volume 1: Strategies for Safely Reopening Elementary and Secondary Schools, which focused on health and safety measures that schools can use to successfully implement the Centers for Disease Control and Prevention’s (CDC) K-12 Operational Strategy, Volume 2 of the Handbook focuses on research-based strategies to address the social, emotional, mental-health, and academic impacts of the pandemic on students, educators, and staff, such as how to address any potential anxiety or depression some may face as a result of the COVID-19 pandemic and nearly a year of remote learning.

New COVID-19 Guidance

Lower ed

New York Register

Proposed Rule Making

The State Education Department issued a notice of proposed rule making to allow candidates enrolled in registered school psychology programs to be eligible for the Internship certificate. Public comment will be received for 60 days.
The Office of Temporary and Disability Assistance issued a notice of proposed rule making to amend State regulations concerning the establishment of paternity to reflect Federal and recently-enacted State statutory requirements, to coordinate and update terminology used by the Child Support Program, and to conform regulatory citations with State laws. Public comment will be received for 60 days.

Emergency Rule Making

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 when a student has been absent from the program for more than 15 days, in recognition that widespread, unanticipated absences due to the pandemic.
The State Education Department issued a notice of emergency rule making to implement Erin’s Law which requires that all students in kindergarten through grade 8 receive instruction designed to prevent child sexual exploitation and child sexual abuse.

Emergency/Proposed Rule Making

The Office of Mental Health issued a notice of emergency rule making/proposed rule making to update requirements for leave of absence in Residential Treatment Facilities (RTFs); and implement State Plan Amendments effective 7/1/18. Public comment will be received for 60 days.
The Office for People with Developmental Disabilities issued a notice of emergency rule making/proposed rule making to allow providers of day hab and site-based prevocational services to bill for day program duration with greater flexibility. Public comment will be received for 60 days.

Notice of Adoption

The Office of Children and Family Services issued a notice of adoption to eliminate room isolation and operation de-escalation rooms for foster kids in congregate facilities.
The State Education Department issued a notice of adoption to address volume of special education due process complaints in the New York City due process system.

The State Education Department issued a notice of adoption to create a Safety Net for the School Building Leader Assessment.

Funding Opportunities

The New York State Office for New Americans is seeking approximately 21 partner organizations located throughout New York State with significant concentrations of low-income immigrants and refugees to establish a network of neighborhood-based ESOL Opportunity Centers where immigrants will be supported through opportunities to learn English as well as provided information to help navigate their communities. Due April 21, 2021

The NYS Justice Center for the Protection of People with Special Needs (Justice Center) invites proposals from not-for-profit providers for the operation of the Technology Related Assistance for Individuals with Disabilities (TRAID) Program throughout 12 regions of the State as identified in the Request for Proposals (RFP) to will improve access to assistive technology for New Yorkers with disabilities. Due April 22, 2021

The New York State Commission on National and Community Service seeks applicants for 2021-22 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 April 28, 2021

The New York State Department of Health AIDS Institute, Division of HIV & Hepatitis Health Care, Bureau of Community Support Services and Health Research, Inc. announce the availability of $2,514,252 annually in New York State (NYS) and federal funding for five years to provide legal services for individuals and families to support continuity in HIV care. Due April 29, 2021

The State Education Department is looking to develop, implement, and share innovative programs that utilize learning technologies to personalize learning and/or increase access to high-quality, rigorous learning experiences (such as through online, distance, or blended learning), as well as professional development programs to assist teachers and educational leaders in effectively utilizing learning technology to enhance teaching and learning through a Learning Technology Grant. Public school districts and consortia of districts or district(s) and BOCES are eligible to apply. Due May 10, 2021

The Office of Mental Health (OMH) announces the availability of funds for the procurement of contracted mental health service: ECHO (Extension for Community Healthcare Outcomes), telepsychiatry, and teletherapy for skilled nursing facilities (SNF) in New York State that are accepting OMH patients meeting criteria for SNF level of care and are ready for discharge to an SNF. Due May 10, 2021

The Office of Temporary & Disability Assistance announces the availably of funds for the Refugee and Immigrant Student Welcome Program (RISWP) to fund activities including, but not limited to: expanded community school activities, the provision of school supplies to incoming students, training opportunities for staff on trauma and cultural sensitivity, employment of counselors and psychologists, and parental and family engagement and support for refugee and immigrant youth. Due May 14, 2021

The New York State Education Department (NYSED) Office of Special Education is seeking proposals for the establishment of the New York City Preschool Interim Alternative Bilingual Placement (IABP) Training Program. Due May 20, 2021

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. Due May 24, 2021

The New York State Education Department (NYSED) has announced the Teacher Opportunity Corps II (TOC II) as a component of the My Brother’s Keeper Initiative. These grant contracts will support and help recruit, retain, and train economically disadvantaged or historically underrepresented participants as certified public-school teachers to better address the needs of students placed at risk. Only New York State public and independent degree-granting colleges and universities that have a teacher preparation program approved by the State Education Department may submit applications for this grant opportunity. Due June 3, 2021

The New York State Education Department (NYSED) is seeking proposals to establish two Technical Assistance Resource Centers to support NYSED’s monitoring of, technical assistance to, and professional development for 21st Century Community Learning Centers (21st CCLC) subgrantees. Due June 9, 2021

The New York State Department of Health (NYSDOH), Bureau of Tobacco Control (BTC) is seeking competitive proposals from qualified vendors to develop and implement a Center of Excellence in Tobacco Policy that will build on and advance previous policy center initiatives consistent with the evolution of BTC and the tobacco control environment in New York State (State). Due June 10, 2021

The New York State Office of Mental Health (OMH) is issuing this Request for Proposals to invite eligible applicants to submit proposals for developing a “Partnership to Support Aging in Place” program to support adults, age 55 and older, to age in place in either OMH supportive housing or other community located housing where older adults reside. Due June 16, 2021

Coming Up

The Board of Regents will hold their next meeting on May 10 & 11, 2021.

The following State Boards are scheduled to meet:

Clinical Laboratory Technology Education Committee: April 22, 2021 (WebEx Meeting)
Landscape Architecture: April 21, 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.