Summer Legislative Activity

A Report from Cindy Gallagher, SAANYS Director of Government Relations

This summer was packed full of events and meetings here at SAANYS, I am sure the same goes for all of you. Your Government Relations office was engaged throughout these summer months in many task force meetings, rounds of presentations to various units, and planning for the fall. The following will provide you with a brief summary of some of those events.

New Laws and/or Regulations

After the legislative session concluded, the governor signed several bills related to education during the summer months.

A.8262/S.6581 – requires the commissioner of education to provide guidance on the educational needs of students with dyslexia, dyscalculia, and dysgraphia. The guidance required of NYSED would provide information to districts on evaluations, eligibility determinations, and development of IEPs.

A.5151/S.2724 – this bill expands the types of services that may be provided by school health services to include diabetes risk analysis. Additionally, this bill permits school district nutrition advisory committees to make recommendations on the nutritional policies of the district regarding healthy weight.

A.6910-b/S.5251-b – allows BOCES to purchase food directly from NYS farm businesses and exceed monetary restrictions (same as schools may do currently).

Regulations Passed by NYSED During the Summer

Academic Intervention Services – The amendment of Section 100.2 of the Regulations of the Commissioner of Education became effective July 1, 2017 as an emergency action and is anticipated to become permanent in September. The amendment would continue the two-step identification process for students needing AIS services. The process would identify students that perform at or below a median cut point between a Level 2/partially proficient and a Level 3/proficient (determined by the commissioner) for the 2017-18 and 2018-19 school year. This amendment delays a new standard setting process until the 2019-20 school year. Scan the QR code to learn more.

School Health Services – Amends Section 136 of the Regulations of the Commissioner as a second emergency action and eliminates the requirement that school districts enter into collaborative agreements with emergency health care providers to purchase epinephrine auto injectors. Also, districts are no longer required to report every use of an injector to the emergency health provider. Scan the QR code to learn more.

Approval of Pathway Exams in Languages Other Than English (LOTE) – Amends Sections 100.2 and 100.5 of the Regulations of the Commissioner of Education to establish criteria for evaluating LOTE Pathway examinations that will be used to meet assessment requirements for graduation. Contact Cindy Gallagher at cgallagher@saanys.org to learn more.

Appeals Process for the ELA Regents

Examinations – Amends Section 100.5 of the Regulations of the Commissioner of Education to allow eligible ELLs to appeal scores of 55-61 on the ELA Regents exam. Contact Cindy Gallagher at cgallagher@saanys.org to learn more.

Task Force/Advisory Boards

SAANYS is well represented on a multitude of groups acting in an advisory role to the State Education Department. SAANYS representation is provided by members and/or staff. At this point in time SAANYS participates on the:

  • Committee of Practitioners
  • New York State Teacher Certification Examinations Content Specialty Tests in the Arts
  • 180 Day Session Requirement Advisory Group
  • Principal Preparation Project
  • ESSA Think Tank
  • SCIS Methodology Advisory Group
  • Mental Health Advisory Group
  • Early Learning Blue Ribbon Panel
  • ESSA Reporting Requirements Workgroup
  • Data Privacy Workgroup
  • Alternative Education Advisory Committee
  • DASA Advisory Group

Some of these groups have been newly formed and have not met yet while others are advisory groups in longer standing (Committee of Practitioners, Principal Preparation Project, and ESSA Think Tank) and meet consistently throughout the year. As work within these groups progresses, we will provide updates throughout the year.

In addition to all of the above, SAANYS hosted a meeting with Congressman Paul Tonko and administrators from his district (see page 1). The discussions were very powerful and the congressman heard serious concerns and insights from school leaders. Two of the issues most on the minds of the administrators attending the meeting were the escalating crisis of mental health issues in our schools and the toll on educators from the negativity towards public education. Administrators discussed the increased anxiety levels of students, increased trauma from events outside the school, increased challenges facing families, increased impact of social media, and increased use of drugs. Embedded in these conversations were concerns regarding inadequate levels of services both within the district and community and funding needed to address shortages. Congressman Tonko was fully engaged in this discussion and supportive of the need to address these critical issues.

SAANYS thanks Congressman Tonko for dedicating such a large amount of time and interest on educational issues.

If you would like more in-depth information on any of these issues or others, please feel free to contact us. Each of your questions is welcomed and appreciated. The more we hear from our members, the better we are at advocating for ways to support you all. Please call us at (518) 782-0600 or email cgallagher@saanys.org. n

Successful SAANYS Lobbying in DC

IMG_1678A team from SAANYS went to the NAESP Leadership Conference in DC, during the week of March 27-29, 2017 to lobby on important issues regarding a host of educational issues facing school leaders in elementary schools. The team members included:

  • Joyce Carr – (President–Elect SAANYS) – Supervisor of Pupil Personnel – Elmira City School District
  • Thomas Payton – Principal, Roanoke Avenue School – Riverhead School District (Long Island)
  • Peter Kruszynski – (State Director for NASSP) Middle School Principal, Lancaster CSD
  • Pierre Lehmuller – Executive Director, NYCESPA
  • Herman Merritt – Director of Government Relations – Council of School Supervisors and Administrators
  • Cindy Gallagher – Director of Government Relations, SAANYS

The first order of business was attending an intensive two day seminar on key educational issues and successful techniques for meetings with congressional representatives. The third day was a full set of meetings with the NYS congressional delegates. We met with the following members of congress or their staff.

  • Congresswoman Louise Slaughter Office – met with Legislative Assistant Jean Brumbley
  • Congressman Higgins Office – met with Legislative Assistant Erin Meegan
  • Congressman Lee Zeldin – met the Congressman and Senior Legislative Assistant Matthew Scott
  • Congressman Chris Collins – met with the Congressman and Legislative Assistant Taylor Kloustin
  • Congressman Sean Patrick Malony – met with Legislative Correspondent Mecole Hayes
  • Congresswoman Grace Meng – met with Legislative Director David Bagby
  • Congresswoman Elise Stefanik – met with Legislative Patrick Hester
  • Congressman Adriano Espaillat – met with Senior Legislative Staff Raphael Dominguez
  • Senator Chuck Schumer – met with Legislative Assistant Christina Henderson
  • Senator Kristen Gillibrand – met with Legislative Fellow Dr. Elizabeth Wehrspann

During each of the visits, our team discussed issues that were important to our school leaders in New York and what we were requesting of our delegates. At the conclusion of each meeting we left a folder and a one page “leave behinds”- available for download here.

One of our take aways from the meetings is that your representatives want to hear from you. Both Tom Payton and Peter Kruszynski have met several times with their delegates in their districts. It made all the difference in the world when we met with the delegates in DC. If there is any way that any of you are willing to make a call, invite them to a district event, or acknowledge them at district events, I believe that you will be surprised at how much that effort is appreciated. Your work and insights are important as they consider their positions on emerging issues and floor votes.

On April 24-26, 2017, a second team of school leaders participated in similar fashion for the NASSP Leadership conference. For this round of visits our focus was on secondary issues and current issues on ESSA. Our team consisted of:

  • Joyce Carr – (President–Elect SAANYS) – Supervisor of Pupil Personnel – Elmira City School District
  • Paul Fanuele – (President, SAANYS) Principal, Arlington High School, Arlington School District
  • Karl Thielking – Principal Pittsford Mendon High School – Pittsford CSD
  • Cindy Gallagher –Director of Government Relations, SAANYS

Thank you! Congressman Zeldin and Congressman Collins for taking time out of your very hectic schedules to meet with us. This was a particularly busy week on the hill and your time was very appreciated. Many thanks to all of the legislative staff from the various offices that took the time to meet with us. They were very very knowledgeable about the issues and took copious notes to make sure that our positions would be communicated with the congressional representatives who could not meet with us in person.

SAANYS Testifies at Assembly Hearing Regarding English Language Learners

ellOn December 5, James Viola was joined by SAANYS members Thomas Payton (principal of the Roanoke Ave. Elementary School in the Riverhead CSD and Richard Loeschner, (principal of the Brentwood HS in the Brentwood UFSD) to present testimony on the impact of the increasing numbers of student  coming to schools with a wide range of English speaking , reading and writing needs . The hearings were called by Assemblywoman Catherine Nolan, chair of the Assembly Education Committee. Their thoughtful and on point testimonies provided dramatic examples of the impact on schools of  ever increasing populations of students with limited English literacy and speaking skillsSome highlights from their testimony are as follow:

- James Viola in provided contextual remarks on the impact of increasing numbers of students with diverse language needs on school districts. Jim highlighted that this issues is one that impacts every part of the state . As he indicated in his opening remarks “The testimony that you are about to hear from Mr. Payton and Mr. Loeschner in regard to the budgetary and programmatic challenges presented by escalating numbers of unaccompanied minors, English language learners and students with interrupted formal education can be echoed by school districts such as Buffalo, Rochester, Syracuse, Utica, Albany, Yonkers, and others. Although it does not impact every school district, it is a statewide issue.”

- Rich Loeschner made statistics on the rapid growth of English Language Learners (ELL) and English as New Language (ENL) entrants in Long Island real when he spoke about how the ever growing numbers directly impact the Brentwood school district. In any given week, Rich can expect to have about “25 new students arrive with limited English Proficiency”. Further, a high percentage of those students are students between the ages of 15-21 years old. The impact on instructional programming is a complex issue, made even more difficult in light of the requirements for high school completion within a very restrictive timeframe.

- Tom Payton highlighted the unique nature of each ELL student needs and how “one size approaches- do not fit all” especially when students come with dual or multiple language acquisition challenges.  In Riverhead many of the new entrants emigrate from the mountainous regions of Central America where many indigenous languages are not written. Students entering his elementary school from those regions need intensive reading, writing, and literacy instruction, requiring additional staff and resources.

-Both Tom and Rich spoke about the need to provide greater flexibility to districts managing the social and academic needs of the incoming students with ELL. Their testimony underscored the need to rethink and revise issues of accountability-especially in terms of assessments and high school completion. 

The Assembly Hearing brought forth many other issues from a wide range of perspectives.  An issue reiterated several times was the impact of Part 154 of the Commissioner’s Regulations which established significant and new procedural and program requirements-without any additional fiscal support. An identified challenge across the state is the overwhelming costs of translations. The testimonies also identified the need for many increased translations of state assessments into a wider range of languages.

SAANYS has been and will continue to be very active on this issue. In conjunction with the Educational Conference Board (ECB), the following recommendations are made:

  1. Provide accountability relief to school districts who enroll new students, who then withdraw or stop attending within a short period of time.
  2. Increase the flexibility to adjust the cohort for both the SIFE and non-SIFE students.
  3. Eliminate the ENL/ ELA dual certification requirement at the secondary level.
  4. Allow districts to identify who can administer the Home Language Questionnaire (HLQ) and New York State Identification Test for English Language Learners (NYSITELL).
  5. Amend the Part 154-2.3(i) grade span requirement to provide for a three, rather than 2 year span for grouping student for instruction.
  6. Eliminate the “a year and a day” requirement to take the ELA assessment.

For further information regarding the Assembly Hearing or upcoming initiatives of the Government Relations Committee, please contact Cynthia Gallagher, director of government relations: cgallagher@saanys.org.

SAANYS Delivers ESSA Recommendations

USCapitolOn the behalf of the School Administrators Association of New York State (SAANYS), we are grateful for the opportunity to provide comments and recommendations regarding draft regulations to implement programs under the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act (ESSA), enacted in December 2015. …

Read full letter of recommendations sent from SAANYS to Secretary King.

SAANYS Goes to Washington

Screen Shot 2016-06-23 at 10.18.17 AM

SAANYS leadership visits with Congressman Chris Gibson (center) during the NASSP Advocacy Conference in Washington DC. Pictured with the congressman are: NASSP Representative Karl Thinking, Director of Government Relations James Viola, President Elect Paul Fanuele, and President John McKenna.

Legislative Session Ends with Action on APPR, Lead Testing, Mayoral Control

capitolThe 2016 legislative session is officially at an end. While all action items affecting education are currently being reviewed and analyzed, below is a snapshot of three of the major items addressed.

APPR

A deal was struck to extend the deadline for approved APPR plans under section 3012-d until December 31, 2016. Although SAANYS lobbied diligently to delink evaluations from state aid increases (supporting a “delinking” bill put forth by Assembly Education Chair Catherine Nolan), in the end, the compromise in Albany was an extension deadline to December 31.

Not all lawmakers were happy with the compromise. “At the end of the day, we’re really just kicking the can down the road as I and many others would have preferred a complete delinking of funding from teacher evaluations and other common sense reforms to last year’s flawed teacher evaluation law,” Assemblyman Anthony Brindisi, a democrat from Utica, told POLITICO New York. “But I guess December 31 is better than September 1.” 

REQUIRE TESTING FOR LEAD IN SCHOOLS

This agreement will make New York the first state in the nation to put a requirement in statute that mandates periodic testing of drinking water in schools. The state will fund a portion of the testing and remediation costs and will “reimburse these costs on an expedited schedule in emergency situations.”

MAYORAL CONTROL OF NEW YORK CITY SCHOOLS

This agreement extends mayoral control in New York City for an additional year.

 

Stay tuned for further updates.

SAANYS STRONGLY OPPOSES Budget Proposal to Alter Medicare Part B Benefits

Legislative Memo of Opposition

March 24, 2016

Provisions contained in the proposed Executive Budget for 2016-2017 would significantly alter  reimbursement of Medicare Part B premiums for retirees enrolled in the New York State Health Insurance Program (NYSHIP).  The proposal would freeze the reimbursement of Medicare Part B premiums at $104.90 for all NYSHIP retirees with Medicare primary insurance. In addition, it would eliminate reimbursement of the Income related Monthly Adjustment Amount (IRMAA) for certain retirees. Therefore, as the cost of Part B increases year-to-year, retirees will be responsible for greater and greater health costs.

Rationale:

The proposed amendment flies in the face of the New York State Constitution. Article 5, Section 7 of the New York State Constitution states: “…membership in any pension or retirement system of the state or of a civil division thereof shall be a contractual relationship, the benefits of which shall not be diminished or impaired.”  This provision enacted shortly after the great depression remains appropriate and right today, on the heels of the great recession.  The governor’s proposal  constitutes a clear and material diminishment of retiree health care benefits.

There is no good reason for New York State to renege on its commitment to retired public employees who have served New York State faithfully and well. The contract with retirees should not be broken.

Legislative Recommendation

REJECT proposed revisions that fly in the face of the State Constitution and human decency. MAINTAIN full reimbursement of IRMAA Medicare premiums by the state.

USE THE SAANYS LEGISLATIVE ACTION CENTER TO CONTACT YOUR REPRESENTATIVES TODAY!

Click here to access a pre-written message that you can easily forward to your local representatives in the senate and assembly.

SAANYS Goes to Washington

DSC00262The National Association of Elementary School Principals (NAESP) convened the National Leaders Conference in Washington DC on March 13 to 15. The conference culminated with a federal lobby day, for which SAANYS assembled a team of six members, representing SAANYS and the New York City Council of School Supervisors and Administrators (CSA):

SAANYS members included:

  • John McKenna, President of SAANYS Board of Directors; Principal, Fletcher Elementary School, Tonawanda, NY
  • Thomas Payton, SAANYS delegate to NAESP; Principal, Roanoke Avenue Elementary School, Suffolk, NY
  • Jim Viola, Director of Government Relations, School Administrators Association of NYS

CSA members included:

  • Lizabeth Caraballo-Suarez, President of NYC Elementary School Principals Association; Principal, PS 120 Carlos Tapia, Brooklyn, NY
  • Pierre Lehmuller, Executive Director, NYC Elementary School Principals Association
  • Herman Merritt, Political Affairs Director, NYC Council of School Supervisors and Administrators

The New York team had a very full schedule of meetings with the following members (and staff) of our national delegation:

  • Senator Charles Schumer
  • Senator Kirsten Gillibrand
  • Congressman Brian Higgins, District 26 – Erie, Niagara
  • Congressman Hakeem Jeffries, District 8 – Queens, Kings
  • Congressman Gregory Meeks, District 5 – Nassau, Queens
  • Congresswoman Elise Stefanik, District 21 – Clinton, Essex, Franklin, Fulton, Hamilton, Herkimer, Jefferson, Lewis, St. Lawrence, Saratoga, Warren, Washington
  • Congresswoman Nydia Velazquez, District 7 – Kings, New York, Queens
  • Congressman Lee Zeldin, District 1 – Suffolk

A full slate of issues was discussed with each representative. However, the primary issues discussed were funding for the Every Student Succeeds Act (ESSA) Title programs, emphasizing the need for additional funds for student services such as English Learners and Immigrant Students; and opposing the allocation of funds to competitive grant programs, such as the $1 billion recommended by Education Secretary John King, to increase salaries for effective teachers.

The lobby team encouraged federal delegation support of the application to be submitted by the New York State Education Department under Section §1204, Innovative Assessment and Accountability Demonstration program to implement less intrusive, more effective approaches for student evaluation. The team also argued against any further expansion of charter schools or the diversion of fiscal resources to support charter schools; but the team did support the School Leader Recruitment and Support Program.

For more information regarding the NAESP National Leaders Conference and the meetings with New York State’s federal delegation, contact James Viola, Director of Government Relations at JViola@saanys.org

SAANYS Government Relations Committee Engages State Education Leaders

On February 9, Government Relations Committee (GRC) members from across New York State convened in Albany for an ambitious day of meetings with legislators, the governor’s office, and with the State Education Department.

All GRC members met with Jere Hochman, the governor’s deputy secretary for education, and members of his staff. The GRC also disbursed into five teams of school administrators that met with 17 legislators and/or their staff including:

• Assembly Member Carl Heastie, Assembly Speaker

• Senator John Flanagan, Senate Majority Leader

• Assembly Member Joseph Morelle, Assembly Majority Leader

• Senator Carl Marcellino, Chairperson of Senate Education Committee

• Assembly Member Catherine Nolan, Chairperson of Assembly Education Committee

The meetings focused on four issues, with the first and foremost issue being state school aid. The $991 million increase proposed by Governor Cuomo is less than half of the $2.2 billion increase recommended by SAANYS to end the Gap Elimination Adjustment and meaningfully advance implementation of the Foundation Aid Formula. In fact, the governor’s proposal would result in a state aid decrease for many school districts, which will be exacerbated by a .012 percent tax cap (in some school districts the tax cap will be zero (0 percent)). School administrators told their stories as to how the governor’s proposal would impact their respective schools and districts. In many of the meetings, discussions extended to the need for categorical aid to better meet the needs of English language learners and to implement new, unfunded requirements included in Part 154 of commissioner’s regulations; as well as the need for current year emergency aid to school districts that experience “student surges” that could not have been known or planned for in school budgets.

The second item discussed was the need for funding and accountability adjustments for Persistently Struggling Schools that received targeted state aid allocations in mid-January 2016, rather than in July 2015; and furthermore recommended $75 million for allocation to Struggling Schools in order to avoid adverse impact upon other schools. In fact, it was pointed out that the 17 districts in which these Struggling and Persistently Struggling Schools are located should be prioritized for the receipt of the $2.7 billion that they are owed in Foundation Aid. Finally, in recognition of the fact that there are no simple, quick solutions for school improvement, it was recommended that these schools be allowed at least five years within which to post demonstrable improvement.

Third, in regard to prekindergarten programs, GRC members recommended that the six current prekindergarten programs be amalgamated into a single cohesive program with sustainable funding, and recommended against the establishment of a new Empire State Prekindergarten Grant Board that would add to state overhead and bureaucracy and further fragment the prekindergarten system. Furthermore, in light of prekindergarten services being available to approximately 60 percent of children who are four years of age, GRC members said it is premature to direct $22 million for the provision of services to children three years of age. Moreover, prekindergarten is inequitably available to four year old children on a region-to-region basis. The following chart depicts an access gap of 52 percent:

The last item discussed at these meetings was the annual professional performance review (APPR) system. It had come to the attention of SAANYS that some members of the state legislature believe that any problems with the APPR system have been corrected through the recommendations of the Common Core Task Force and the regulations enacted by the state Board of Regents.  GRC members pointed out those actions did not fix the system, but rather put in place an imperfect patch of the state evaluation system. It was recommended that appropriate entities, such as SAANYS, continue to be engaged to determine what works and what does not work so that thoughtful and necessary revisions of statute and regulation may be implemented, including provisions related to state-developed growth scores, the student performance- educator observation matrix, and the independent observer requirements.

The meeting with Commissioner MaryEllen Elia and members of her leadership team provided the opportunity to again discuss SED’s actions and roles in connection with the Struggling Schools and APPR systems. In addition, GRC members discussed the requirements and opportunities associated with the recently enacted Every Student Succeeds Act (ESSA). The law is expected to be rolled-out over a two-year period, with 2016-17 depicted as a “soft start” that will be very similar to 2015-16. For example, the consolidated application is expected to contain few or no changes compared to the template used for the current year. The commissioner described her intentions to develop the next state accountability plan by engaging appropriate stakeholders in a thoughtful manner saying, “Doing something fast doesn’t get you where you want to be.”

In regard to student testing, the commissioner pointed out that the 95 percent participation requirement remains in place under ESSA and must be addressed in the state’s accountability plan. In an effort to drive down the incidence of students opting out, the following actions will be taken during this school year for the state assessments in grades 3 to 8:

• The State Education Department has entered into a contract with a new vendor, Questar Assessment, Inc.

• The Pearson test items will be reviewed by educators to ensure their appropriateness.

• The tests will include fewer questions and will be shorter.

• Students will be permitted to continue to work on the tests as long as they are productive.

• Up to 60 percent of test items will be released.

The commissioner also indicated her intention to apply to become one of seven states to be approved by the US Department of Education to implement innovative student evaluation procedures, such as project based assessment and portfolios. SAANYS indicated that this will be included as an agenda item when meeting with members of New York State’s federal delegation in Washington D.C. on March 15. n