ESSA Presentation Featured Session Implementing ESSA What It Means - PDF document

School Law ‐ A Year in Review Part I ‐ Laws & Regulations Presented by Kimberly A. Fanniff Senior Staff Counsel NYSSBA ESSA Presentation • Featured Session ‐ Implementing ESSA – What It Means For School Districts Ira Schwartz , Assistant Commissioner, Office of Accountability, NYS Education Department • 11:15 ‐ 12:15, Friday, in the New York Ballroom 1

School District Financial Reporting • Educ. Law § 3614 establishes requirements for school districts to publicly report funding. • reports must include an explanation of the approach used to allocate funds to each school • include demographic data, • per pupil funding level, • source of funds and • the uniform decision rules regarding allocation of centralized spending to individual schools from all funding sources Feminine Hygiene Products • Chapter 56 Part Q adds a new section to the Public Health Law (§ 267) which requires all elementary and secondary schools serving children in grades 6 ‐ 12 to provide feminine hygiene products in the restrooms of such buildings at no charge to students. 2

Students in Foster Care • Educ. Law § 3244 added provisions for the education of students in foster care. • A child in foster care is a child who is in the care and custody of a local commissioner of social services or the commissioner of the office of children and family services. Designation of School of Attendance • Child in foster care may attend at either the school district of origin or the school district of residence (where the foster care placement is located) • Attend school of origin (public school child attended prior to placement in foster care) or • Any school in attendance area of foster care placement • Designation made by social services district in consultation with appropriate school officials 3

Students in Foster Care • Point of contact must be designated within district for children in foster care • Tuition generally borne by district of origin • District may dispute such identification as district of origin through procedures set out in law • Transportation costs borne by designated district of attendance (up to 50 mi each way is eligible for state aid) • Costs that exceed allowable limits be split evenly by social services district and school district unless written agreement states otherwise Notice of Charges of Sex Offense • Chapter 233 requires district attorneys to notify school administrators whenever charges of a sex offense, which requires registration as sex offender, are filed against a person known to be a school employee. 4

Civil Service Law • Chapter 271 extends the protection of a due process hearing pursuant to Civil Service Law § 75, prior to disciplinary action, to members of the labor class who have completed five years of continuous service. School Bus Drivers • Pre ‐ employment drug and alcohol testing of bus drivers mandated • Testing in accordance with federal regulations • All bus drivers included in pool for random tests • Expansion from federal regulatory requirements • Employers may not allow driver to operate school bus if by appearance or conduct believe driver consumed drugs, alcohol or controlled substances in the 8 hours before reporting to work 5

School Crossing Guards • A school district may enter into an agreement with a municipality to pay for all or a portion of the salaries of school crossing guards • Cannot enter such agreements unless it results in an increase in the number of crossing guards employed • The guards remain employees of municipality Notable extensions of current law • The availability of aid for the installation of metal detectors, security cameras and other security devices to enhance the safety of students and staff is extended through July 1, 2023. • Conditional and emergency conditional appointments while awaiting fingerprint clearance extended through July 1, 2019. • Ability to piggyback onto contracts of other municipalities let in accordance with the general municipal law for purchase of materials, equipment or supplies and contracts for installation, maintenance or repair of same extended through July 31, 2021. 6

BILLS THAT PASSED BOTH HOUSES AWAITING ACTION BY THE GOVERNOR Administrative Tenure S.6090 ‐ A • Provides that an individual who has been previously tenured as an administrator in New York and who was not dismissed from such position as a result of disciplinary charges shall be appointed for a shortened probationary period of 3 years when serving in a new administrative position 7

BOCES Sup’t Salary Cap A.2112 ‐ A • The cap would be the lesser of 98% of the salary earned by the commissioner of education in the 2018 ‐ 19 school year or 6% over the salary cap applicable in the preceding school year. Special Education Tuition Reimbursement • A.5618 ‐ A would give the commissioner of education the authority to develop multiple reimbursement methodologies for tuition reimbursement allowing for differentiation between tuition reimbursement rates for special act school districts and approved private schools. 8

Child Abuse in Educational Setting A.8485 ‐ B • Amendments would broaden the coverage of the law to include NYC, other state supported schools and non public schools • Employee ‐ include any person receiving compensation from a school and a person whose duties involve direct student contact pursuant to a transportation contract • Volunteer ‐ include any person who has direct contact with students and provides services to a school or provides services to a person/entity that contracts with a school Child Abuse Educational Setting • Educational setting be defined to include vehicles provided directly or by contract for transportation of students • Expanded list of employees required to report • PTs, OTs, speech ‐ language pathologists, teacher aides and school resource officers 9

Child Abuse Educational Setting • Expanded training required for employees • Physical and behavioral indicators of child abuse • Social Services Law requirements for reporting abuse • Training required for contracted bus drivers • 2 hours regarding identification and reporting of child abuse and maltreatment PINS/Educational Neglect Proceedings A.7557 • Amendments provide for greater school involvement if a person/entity other than the school commences a PINS proceeding • Diversion agency must review steps district took to improve attendance or misconduct and must notify district of conferences so educators may provide assistance • Family court have authority to notify district and give it opportunity to be heard at any stage of proceedings if would aid in resolution of education allegations 10

PINS/Educational Neglect Proceedings A.7557 • Definition of neglected child will require proof of parental failure to provide educational services • Makes failure to resolve educational problems through diversion a prerequisite to filing a neglect petition • Neglect petition must include efforts undertaken by the petitioner and district to remediate alleged failure to provide education and grounds for concluding allegations could not be resolved absent filing petition Property Tax Cap S.7730 • This bill would exclude a component school district’s share of BOCES capital expenditures for capital projects approved by the voters of component districts from the calculation of a school district’s tax levy limit. 11

NEW REGULATIONS Transitional H Pathway • NY licensed CPAs with at least 3 years experience auditing school districts, BOCES and other municipalities may use this pathway to become certified as a school district business leader (SDBL) • Must be enrolled in SDBL certification program leading to professional certificate • Commitment of employment for at least 3 years from a school district or BOCES 12

DASA • The following types of incidents where the basis for the complained of action was a DASA protected characteristic will require an investigation under DASA if reported: • Denial of access to school facilities, functions, opportunities or programs, including but not limited to, restrooms, changing rooms, locker rooms and/or field trips. • Application of a dress code, specific grooming or appearance standards. • The use of name(s) and pronoun(s) or the pronunciation of name(s). • Any other form of harassment, bullying and/or discrimination. Medical Marihuana • DOH amended regulations to allow an entity to be designated by a certified patient to be a “designated caregiver” • Designated caregivers who hold a registry card can lawfully possess, acquire, deliver, transfer, transport and/or administer medical marihuana • If a school is designated it is not required to apply for a registry card 13

Computer Science Tenure Area & Certification • The Regents added computer science as a special subject tenure area and adopted criteria for teacher certification in computer science • Appointments to computer science tenure area will be required beginning Sept. 1, 2022 • Individuals currently teaching computer science can remain in present tenure area and continue to accrue seniority or give knowing consent to change tenure area as of Sept. 1, 2022 Computer Science Tenure Area & Certification • Statement of continued eligibility • Teachers who taught computer science in the 5 years preceding Sept. 1, 2022 may apply for a statement of continued eligibility • Teacher will not be required to have certification in computer science in order to teach that subject • Be valid for 10 years and is only valid for service in the school district or BOCES where the teacher was employed when applied for the statement 14