ESSA State Plan Revised draft plan issued in July: - - PDF document

1 The NEW YORK STATE

SCHOOL BOARDS ASSOCIATION

presents

New Laws and Regulations

Kimberly A. Fanniff (Latham & Rochester) Jay Worona (Long Island)

ESSA State Plan

• Revised draft plan issued in July:

http://www.p12.nysed.gov/accountability/essa/documents/ny- essa-technical-plan-draft-july-2017.pdf

• Summary of revised draft plan:

http://www.p12.nysed.gov/accountability/essa/documents/ny- essa-plan-summary-draft-july-2017.pdf

• Governor to review plan in August before

submission to federal government in September

• Preconvention Law Conference will have session

dedicated to review of ESSA plan requirements

2

Extensions of Current Law

• Mayoral Control of NYC schools through June 30,

2019

• Conditional and emergency conditional

appointments through July 1, 2018

• Gun Free Schools Act through June 30, 2018
• Lease of school buses through September 1, 2019
• Transfer of disciplinary records through June 30,

2018

Pre-kindergarten

• Programs receiving funds for UPK must adopt

approved quality indicators within 2 years

• UPK programs must meet curriculum

standards consistent with NYS pre-k early learning standards

• Instructional time requirements

– Full day 25 hours per week – Half day 12.5 hours per week

3

Pre-kindergarten

• Extension of time for pre-K teachers employed

by a collaborating agency to become certified in early childhood grades to June 30, 2020

• Exemption from certification for teachers in full

day pre-K program extended through June 30, 2018

• Reports to commissioner on barriers to

certification, stats on uncertified pre-k teachers. Commissioner must compile into report for legislature by February 1, 2018

School Taxes

• Partial payments

– Tax collector may accept partial payments upon board resolution (60 days prior to delivery of tax roll) – Refusal if differ too much from city/town and be burdensome and can collect partial payments in same manner as city/town unless school district notifies unacceptable

• Advance payments of STAR credit

– Preliminary advance payments – Notice in tax bill regarding estimated STAR credit checks

4

State Aid

• Multi-year process for recoupment of penalties for late

filing of final cost report

– 10 year repayment schedule – Balance forgiven if not repaid within 10 years

• Division of budget given authority to prepare plan of

reductions to state appropriations and disbursements based upon reductions in federal aid

– Medicaid reduction of $850 mil or more – Other aid reductions of $850 mil or more – Legislature 90 days to prepare its own plan after review of DOB’s

Homeless Students

• New concepts and definitions

– Preschool, feeder school, receiving school

• School and school district of origin concept

expanded

– Child becomes homeless after eligible to apply, register or enroll in pre-k or k or child lives with sibling who attends school in district of origin then child eligible to attend based on last residence before becoming homeless or sibling’s residence

5

Homeless Students

• Best interest determination required
• Immediate enrollment and transportation

– Transport for duration of homelessness, and through end of year become permanently housed, +1 add’l year if terminal year in school

• Other district responsibilities

– Ensure homeless students receive comparable services to non homeless students

McKinney-Vento Liaison

• Ensure personnel providing services under act

receive professional development

• Ensure identification through outreach and

coordination of activities

• Referrals to healthcare, housing and other

appropriate services

• Disseminate notice of rights in locations

frequented by parents of homeless children

6

Bills that Passed Both Houses

Election Wards

• Permit union free and central school districts

to adopt a ward system for election of board members

– Candidates receiving plurality of votes in each ward be elected to board

• Board passes resolution but subject to

mandatory referendum

• Flaws in bill regarding implementation

– Terms of every board member cease every 3 yrs

• n the day of the election

7

Property Taxes & Exemptions

• A.5695/S.4283 amends formula for calculation of property tax

cap to exclude district’s share of BOCES’ capital expenditures

• A.1841/S.2122-A amends tax base growth factor in include

change in assessed value for exempt properties under a PILOT agreement

• Veteran’s Exemptions

– Municipality discretion to extend cold war veteran’s exemption beyond 10 years specified in statute (A.6510-A/S.5659-A) – Allows school districts to adopt exemption for veteran’s established in RPTL §458 (S.1724/A.5135)

• First time home buyers exemption be extended through Dec.

31, 2022 (S.3530/A.3031)

Student Health

• S.6012/A.7866 permanently exempt school based health

centers from state’s Medicaid managed care program

• Two bills would prohibit e-cigarettes on school grounds or

within 100 feet of school entrances, playgrounds

• A.5151-S.2724-B- expand responsibilities of school district

nutrition advisory councils to include making recommendations regarding promoting maintenance of healthy weight, risks associated with chronic respiratory diseases and more

8

Students with Disabilities

• A.1595-A/S.4729-A-

– School boards be required to adopt policies regarding disabled students participation in graduation ceremonies if issued skills and achievement credential

• r CDOS commencement credential
• S.1692/A.1036

– CSE with parental consent would invite representatives of OMH, OPWDD or SED as appropriate to participate in CSE for a child placed in a residential program or in a day program and who is likely to require adult residential services

Bills that passed both Houses

• Donation of excess food to soup kitchens and

the like (S.5664-B/A.2409-B)

• BOCES ability to purchase directly from

farmers without competitive bidding (S.5251- B/A.6910-B- signed 7/21 Chapter 90)

• FOIL (A.2750-A/S.2392-A)

– Require a court to assess attorney’s fees and

• ther litigation costs to plaintiff where such

person has substantially prevailed and there was no reasonable basis to deny access

9

Regulatory Amendments

Career and Technical Education

• Middle grades level (5-8)

– Beginning 2018-19 students must receive a total

• f 1.75 units of study in career and technical

education (previously 1.0 in technology and .75 in home and career skills)

• Encompasses technology education, family and

consumer sciences, trade and technical subjects, business, agriculture and/or health sciences

– Schools with vacancies in technology and home and career skills may begin utilizing flexibility in 2017-18 school year

10

Students with Disabilities

• Sup’t determination pathway for local diploma

– Amendments clarify on or after Oct. 18, 2016 sup’t only make determination upon parental request – Written notice if receive diploma no longer eligible to receive FAPE – Sup’t written determination must be sent to parent and student

• Transition planning relative to graduation

– For transition age students CSE must discuss progress toward receiving a diploma and inform parents of graduation requirements including eligibility criteria and process for requesting sup’t determination

Examination flexibility & appeals

• Exam flexibility students with disabilities

– Disabled students may utilize both the low pass rate safety net option with appeal and the compensatory safety net

• ption
• Appeal of ELA exam score by ELLs

– English language learners may appeal a score

• f 55-59 (previously 55-61 but cross over with

all student appeal allowed for scores between 60-64)

11

Interscholastic Athletic Eligibility

• Extension of eligibility to participate beyond 4

consecutive seasons

– Student must show failed to enter competition during a season due to illness, accident or documented social/emotional condition or documented social emotional circumstances beyond control of student – Circumstances require student to attend 1 or more add’l semesters in order to graduate – Such participation will not have a significant adverse effect upon opportunity of other students to participate

School Guidance Programs

• Commencing with 2019-2020 school year schools must

prepare K-12 students to participate effectively in current and future educational programs

– Address student competencies such as college/career readiness and academic and social/emotional development standards

• District-wide and school building comprehensive

developmental school counseling/guidance programs must be developed

• Advisory council

– Comprised of representative stakeholders – Meets 2 x per year to review plans and submit report to BOE

12

School Counselors

• New certification rules for school counselors on or

after Sept. 22, 2022

• Initial Certificate (valid 5 years)

– Approved school counselor program/ B.A. degree – 100 hour college supervised counseling practicum in K-12 – 600 internship in a supervised school evenly split between K-8 and 9-12

• Professional Certificate

– Master’s degree school counseling from approved program – Satisfactorily complete 3 years as school counselor

Epinephrine Auto-Injectors

• Amendments conform to those in public

health law regarding use of auto-injectors

– Removes requirement for collaboration agreement between school and emergency health care provider – School districts no longer have to report every use of auto-injector device to an emergency health care provider

13

VADIR Reporting

• Amendments revised the categories for reporting- 9

categories tailored to types of incidents that happen in schools

– Clarification physical injury vs. serious physical injury – Clarification forcible sex offenses vs. other sex offenses – Definition material incident of harassment, bullying or discrimination now concurs with DASA definition

• NYS Center for School Safety conducting training

sessions in August regarding revised VADIR reporting

– http://www.nyscfss.org/