ESSA State Plan Draft plan issued in May: - PDF document

The N EW Y ORK S TATE S CHOOL B OARDS A SSOCIATION presents New Laws and Regulations Kimberly A. Fanniff (Latham & Rochester) Jay Worona (Long Island) ESSA State Plan • Draft plan issued in May: http://www.p12.nysed.gov/accountability/documents/draft-ny- essa-plan-may-2017.pdf • Summary of original draft plan: http://www.p12.nysed.gov/accountability/documents/draft-ny- essa-plan-summary-may-2017.pdf • Revised plans to be adopted at July Regents mtg • 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 1

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 2

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 3

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 4

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 5

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 on the day of the election 6

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 7

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 or 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) • FOIL (A.2750-A/S.2392-A) – Require a court to assess attorney’s fees and other litigation costs to plaintiff where such person has substantially prevailed and there was no reasonable basis to deny access 8

Regulatory Amendments Career and Technical Education • Middle grades level (5-8) – Beginning 2018-19 students must receive a total of 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 9

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 option • Appeal of ELA exam score by ELLs – English language learners may appeal a score of 55-59 (previously 55-61 but cross over with all student appeal allowed for scores between 60-64) 10

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 11

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 12