SEE CENTER PAGES ON BOARDThe Voice of Public School Leadership

October 12, 2020 NEW YORK STATE SCHOOL BOARDS ASSOCIATION • www.nyssba.org Vol. 21, No. 14 Online learning management systems prove invaluable during pandemic friendly, engaging and fun – fun the way By Merri Rosenberg school should be.” SPECIAL CORRESPONDENT Schoology’s format is similar to Facebook, which appeals to many During the shift to distance learning students, according to Elizabeth Freas, due to the COVID-19 pandemic, a director of instructional technology and relatively new educational innovation professional development for the Western has proved invaluable to school districts: New York Regional Information Center. Learning management systems (LMSs). “It has a news feed where they can chat These online platforms connect and collaborate,” she said. students with teachers and each other, Thirteen states are using Canvas as a 24/7. They facilitate both synchronous statewide solution for e-learning in K-12 lessons (comparable to streaming this school year. Fans of Canvas in New and participating in a live event) and York State public schools include Manami asynchronous lessons (analogous Tezuka, supervisor of library media to watching a video “on demand” services for the Syracuse City School and then completing an independent District. She said it’s perfect for teachers assignment). Kelly Giagni, a third-grade teacher at Genet Elementary School in East Greenbush, leads an online lesson who are designing custom programs for Examples of LMSs used in high using Google Classroom. All teachers began training in the learning management system in 2017, making students, as Syracuse does in its credit schools and middle schools include the transition to online learning easier. E Photo courtesy of the East Greenbush Central School District recovery program. Canvas, Google Classroom, Microsoft NYSSBA will be using Canvas for Teams and Schoology. At the elementary “Distance learning has accelerated “Seesaw’s digital portfolio platform online leadership development programs level, Seesaw is a popular platform. educators to engage our students in their is interactive, visually appealing, and that are under development, according Many educators say they are future learning and prepare them for their easy to use,” Digneo said. “It allows for to NYSSBA Executive Director Robert impressed with the potential for new world,” said Miriam Digneo, principal the teacher, student and parent to view Schneider. improving teaching and learning through of Family School 32 in the Yonkers City activities and monitor student academic these programs. School District, which uses Seesaw. growth.” She added that Seesaw is “user See ONLINE, page 6 A kindergarten gap year? Early signs of enrollment delays

said. “She comes home from school By Chris Carola so happy, it makes me happy with my SPECIAL CORRESPONDENT decision.” Like most states, New York Some public school districts across doesn’t mandate kindergarten. New York state are seeing a dip in Although statewide figures are not

24 Century Hill Drive, Suite 200 Suite 24 CenturyDrive, Hill Latham, NY 12110-2125 email label corrections Please to [email protected] kindergarten enrollments as parents available, anecdotal reports suggest express concerns about COVID-19. it’s not unusual for a district to have “With all the craziness, [delaying] double-digit percentage declines in was the right call for our family, for kindergarten enrollments. sure,” said Becky Hubacher, a married “We definitely saw a number of mother of three young children who live parents holding their kids out,” said in the Clarence Central School District Patrick McGrath, superintendent of in Erie County. Her daughter Riley turns Burnt Hills-Ballston Lake Central five this month and seems ready for Schools in Saratoga County. Enrollment kindergarten, she said. “If it was a normal Wilo Sobey is one of 202 kindergarteners in the is down 15 percent from the expected year, I would’ve gone with my mom Canandaigua City School District, which had 267 255. One in five families opted for full- instincts and sent her.” last year. That’s a drop of 24%. time virtual instruction. Hubacher’s friend Katie Sivic A nationwide survey of more than made the opposite choice. Although her between on-site instruction and at-home 400 school principals and administrators husband considered home schooling online learning. conducted in late August by the Education 5-year-old Madelyn, the Sivics wound up “She’s a social kid. She wants to be opting for Clarence’s hybrid of days split with people, make new friends,” Sivic See KINDERGARTEN, page 6 2 • On Board COMMENTARY October 12, 2020 Are we raising another ‘lost generation’? Of all the names dire, according to a survey NYSSBA conducted with the There are solutions. Most importantly, it is clear given to generations, none Association of School Business Officials New York. that our country needs another round of federal funding is as forlorn as “The Lost Nearly four in 10 of the school business officials to support public education. NYSSBA has been very Generation.” It refers to who responded the survey said that their districts would vocal in publicizing the results of our survey with those who came of age become financially or educationally insolvent – unable ASBO New York, because informing the public, news during World War I, many to provide legally required educational services. media and lawmakers of the dire consequences of of whom were scarred by The findings expose the deep concern local school budget cuts is another component of our advocacy that experience and were district leaders feel right now as their schools struggle efforts to secure this funding. In addition, our report depicted in literature as to hold it all together. Just a few examples: recommends ways that state lawmakers can give drifting and directionless. • New York districts plan on spending an average districts more breathing room during this fiscal crisis: Today, are we raising of $500,000 to cover costs related to COVID-19 • Raise the 4% annual cap on the fund balance a another kind of lost to open schools this semester, such as buying PPE district could retain to cover future expenses. Right generation? (personal protective equipment). The average is now, anything over that is considered a surplus and Part of the concern $209 per student, but regional costs are as high must be used to offset future expenses or placed in Robert S. Schneider is academic. Time spent as $370 per student on Long Island and $315 per a restricted reserve fund. If a district is fortunate NYSSBA Executive Director in classrooms is precious. student in the Mohawk Valley. enough to have a fund balance above the 4%, the While schools across • The most common strategies for covering the added flexibility to be able to bank that money and use it the state have made great strides to make the most of reopening expenses were dipping into fund balances as most needed would be very helpful. distance learning (see story, page 1), we all are worried and shifting funds from other areas of the budget. Each • Prohibit negative tax caps. Under the current tax about how effective this school year will be. And we are tactic was used by 71 percent of responding districts. cap formula, a district’s maximum allowable tax all concerned about the digital divide that prevents some • The potential for a 20 percent aid cut this year levy can result in a negative change from the prior students from accessing online education (see story, would cost the state’s schools some $2,093 more year. This does not fit the intent of the tax cap and is page 6). for every student. unnecessarily confusing to voters. The law should Another part of the concern is economic. Gov. • At the very least, business officials said, continued provide for a floor of zero percent change in the levy, Andrew Cuomo has raised anxieties by repeatedly aid cuts in the coming years would mean additional as is the result if a district adopts a contingency budget. warning that a 20% cut in school aid is possible before staffing reductions for 40 percent of districts that These measures can help schools, but nothing can this year is over – even going so far as withholding 20% responded to the survey. fully replace the support of the federal government of the July and August payments to schools. A 20% What will be the long-term effects of personnel at this point in time. Right now, all eyes are on cut would lead to significant job losses, statewide, with cuts? How much academic growth will be sacrificed, Washington, D.C. We need federal financial help profound implications for students and communities. particularly among the most vulnerable students that to protect our students from permanent educational And no one knows how long the pandemic will last depend upon schools as a source of stability, nutrition consequences of this pandemic. and how long the state’s finances will remain depressed. and social connection? Who will be left to guide Schools need a lifeline – a torch to light the way If the state’s school funding situation stays on its current and support them when schools have shed teachers, before we really do have another lost generation on track for two-to-three years, the consequences will be counselors and school social workers? our hands.

New York State School Boards Association BOARD OF DIRECTORS Fred Langstaff, President Peggy Zugibe, 1st Vice President Sandra Ruffo, 2nd Vice President Thomas Nespeca, Treasurer William Miller, Immediate Past President Linda Hoffman, Area 1 John Redman, Area 9 Rodney George, Area 2 Peggy Zugibe, Area 10 Christine Schnars, Area 3 Robert “B.A.” Schoen, Area 11 Sandra Ruffo, Area 4 Catherine Romano, Area 12 William Miller, Area 5 Richard Carranza, Area 13 Wayne Rogers, Area 6 Willa Powell, Conference of Big 5 School Districts Cathy Lewis, Area 7 Michael Jaime, Caucus of Black

Brian LaTourette, Area 8 School Board Members

EXECUTIVE STAFF

Robert Schneider, Executive Director Jay Worona, Deputy Executive Director and General Counsel

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On Board (ISSN: 1528-6355) is published every three weeks by the New York State School Boards Association, Inc., 24 Century Hill Drive, Suite 200, Latham, NY 12110-2125 (518-783-0200). The New York State School Boards Association endorses no opinion or sentiment expressed in or by On Board except by action of its Delegate Assembly. Copyright 2020 by the New York State School Boards Association. All Running The Shaker High School girls cross country team runs with masks on Oct. 3. rights reserved. Periodical postage paid at Latham, NY and additional post offices. Association membership E Photo courtesy of the North Colonie Central School District dues include a subscription for each school board member. POSTMASTER: Send address changes to the New healthy York State School Boards Association, Inc., 24 Century Hill Drive, Suite 200, Latham, NY 12110-2125.

New York State School Boards Association | www.nyssba.org October 12, 2020 On Board • 3 State Briefs

Trump order on racial sensitivity “We see inequity in the way leaders issued Sept. 30. “If they occur, with COVID-19 arise. A page training gets sharp response COVID-19 has disproportionately assessments will be ‘school-based’ and for employees is labeled: “I have from Regents, SED harmed communities of color. We see ‘in-person.’ We know this will present COVID-19 symptoms. When can I inequity in the disparate schooling unique challenges for our schools and we go back to work at the school?” The On Sept. 28, President Donald our children receive based on where are committed to working through these document also covers procedures for Trump issued an executive order that they live. And we see inequity in the challenges with you.” contract tracing. bans “race or sex scapegoating” in ways in which people of color are Brown noted that the U.S. Download the document at https:// training for federal employees and treated under the law. These inequities Department of Education has informed on.ny.gov/2Gpo1zq. federal contractors. are born of ignorance and fostered by states that it expects them “to administer Source: Staff report The six-page order states that those who have not learned to value summative assessments during the 2020- “training employees to create an and respect people’s differences. Only 2021 school year, consistent with the Late-summer retirements inclusive workplace is appropriate through better understanding of our requirements of the law.” skyrocket among teachers and beneficial” but that such training biases will we be able to work toward In a Sept. 3 memo, U.S. Secretary sometimes “perpetuates racial a future where all people are treated of Education Betsy DeVos said, “states In districts across New York State in stereotypes and division and can use with the dignity and respect that should not expect to receive waivers from August, 572 full-time teachers submitted subtle coercive pressure to ensure everyone deserves.” these requirements as they did in 2020.” their retirement papers, a 121% increase conformity of viewpoint.” Read the Source: Staff report (emphasis added) Nevertheless, Brown from August 2019 and 99% higher than order at https://bit.ly/30matvx. said New York “will apply for federal the same time period in 2018, according In response to the order, Interim SED: If state assessments occur, waivers from testing and accountability to figures from the New York State Education Commissioner Betty Rosa they will be ‘school-based’ requirements” … “if it is determined exams Teachers Retirement System (TRS). and the Board of Regents issued a cannot be safely and fairly administered to Between April and August this year, statement that said, “President Trump’s Although state assessments are students in-person in school buildings.” 6,054 teachers filed retirement papers with Executive Order banning racial required by the federal government, Source: Staff report the TRS, up by 506 teacher positions from sensitivity training in many workplaces the State Education Department and the same period a year ago. is unconscionable, particularly now the Board of Regents have not decided What to do when individuals Some retiring teachers are worried when our country is so bitterly whether they will be given this year. But display symptoms of COVID-19 about contracting COVID-19, according divided on so many issues. At its core, one thing is certain: if they do take place, to Andrew Pallotta, president of the New sensitivity training is designed to bring they will take place on school property. On Oct. 1, the State Health York State United Teachers. He noted people together by exploring the bonds “The department has determined that Department issued a nine-page the state already was facing a teacher that unite us as individuals. Once it will not be possible to administer any document to help parents, school shortage before the retirements. again, however, the administration of this year’s state assessments remotely,” employees and school officials make “It’s not a good narrative for us in seeks to divide Americans rather than Regents Vice Chancellor Andrew decisions regarding who belongs in the education world,” he said. bring us together. Brown wrote in a memo sent to school school when symptoms associated Source: The Buffalo News (9/10/20)

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New York State School Boards Association | www.nyssba.org October 12, 2020 OPINION On Board • 5 The magnificent truth about how history is taught in public schools

Editor’s Note: This article was written by three “teaching students to hate America”? We think it is the country’s history by placing the consequences of social studies teachers: Rachel Murat, 2020 New York merely teaching students about what happened in our slavery and the contributions of black Americans at the State Teacher of the Year; Jennifer Wolfe, 2021 New past so that we can better understand our present and very center of our national narrative.” (Read the essays at York State Teacher of the Year and Jason Manning, 2016 create a better future. https://nyti.ms/30wMrhR or download the 1619 podcast Empire State Teacher of Excellence. Murat teaches in the History is complex from Apple Podcasts or Google Podcasts). Maine-Endwell Central School District in Broome County Many social studies teachers have welcomed the while Wolfe and Manning both teach in the Oceanside The way history is taught has evolved over time. In 1619 Project because the profession has been looking School District in Nassau County. recent years, there has been a determined effort to include for better materials on the topic of slavery and its long- marginalized voices and perspectives. Could this be what term effects. According to the president, however, it is On September 13, President Trump gave a speech the president was referring to when he claimed there has wrong to “teach our children that we were founded on in which he stated, “We must clear away the twisted been a “crusade against American history” that he thinks the principle of oppression, not freedom.” We don’t agree webs of lies in our schools and classrooms and teach our may “dissolve the civic bonds that tie us together”? that the question of differing narratives is a binary choice; children about the magnificent truth about our country.” If so, the concern is misplaced. American history, both oppression and freedom are a part of our nation’s (Read his remarks at bit.ly/WHCAH2020.) As social like the histories of all countries, is complex. A good history. That complex story is what we present to our studies teachers, we were puzzled. What “twisted web teacher works hard to present all sides of an issue and let students as social studies teachers. of lies” was the president referring to? And what is the students draw their own conclusions. American history What the 1619 Project asks Americans to consider magnificent truth about our country that he thinks we are includes many periods of struggle. There is no shame in is the nature of a society in which there is freedom for failing to teach? having a full picture of the past, even when it is painful. some and oppression for others, and what the relationship Also jarring was the president’s suggestion that When we teach, we try to include the perspective between these two groups meant to the development of teachers “try to make students ashamed of their of people at all levels of society. For instance, one of early America as well as the subsequent 400 years. While own history.” All three of us descend from military us (Jason) teaches a class called Post-WWII America. South Africa had Truth and Reconciliation Committees servicemen, and we were taught to love this country After students analyze the exceptional feat of defeating after the end of Apartheid, America has never fully and by our families. We learned at an early age that a fascism, he asks them to consider a vignette about a openly addressed the issues around the impact of slavery, patriot is an active member of society who votes, returning soldier who, because of the color of his skin, and it is just beginning to recognize the social construct volunteers and respects the sacrifices made by our is not allowed to eat at the same lunch counter with the of race. In our view, the 1619 Project amplifies voices American ancestors of all ethnicities, races and men he fought beside. The blending of those two stories that need to be heard. genders. We were taught that, upon the blood and illustrates that one form of progress always illuminates It is troubling that the president believes that sweat of previous generations, we live in one of the the need for another. “critical race theory is being forced into our children’s greatest countries in the world. schools” and that children are being taught that “America Underlining the seriousness of his concern, is a wicked and racist nation.” In our 100 years of the president announced the formation of a “1776 combined experience as students and teachers, neither Commission” to “promote patriotic education.” So it statement is true. However, we do discuss some wicked seems likely that current methods used in the teaching of and racist events, such as the development of the American history will become subject to greater scrutiny, eugenics movement, the creation of Jim Crow laws, and and alternatives may be proposed. In this environment, the history of voter suppression in the United States. We it’s important that school leaders understand what is discuss the choices that historical figures made and why. happening in our classrooms (education) and what is not Often, we ask students to engage in debates because (indoctrination). debates require knowing all of the facts thoroughly. State standards emphasize critical thinking Rachel Murat Jennifer Wolfe Jason Manning And it hones skills that are essential for citizens in any functioning democracy. We encourage vigorous but New York State requires students to pass a Regents Part of our role is helping young people become respectful discussion of issues. exam in American history that asks students to demonstrate good citizens who contribute to their communities, and Unfortunately, Americans seem to have lost the their ability to analyze and synthesize information from that’s why it’s important to ask students to think about ability to show respect for differing opinions, according historical documents. While the president states that historically marginalized people and consider their to Sandie J. Schoell, a member of the Oceanside school “propaganda tracts” are in vogue, the fact is that we rely perspectives. “Civics is not just about how government board. That makes it even more important for us to foster on documents from the Library of Congress, the National works; civics is really about the relationship between civil discourse in our classrooms, she said. Constitution Center and the National Archives (where the people who live together in a society,” according to The role of school boards in this controversy president delivered his remarks). Kevin Feinberg, senior program manager at Facing We also draw resources from the National History History and Ourselves. The teaching of history has become a “political Education Clearinghouse (a $7 million initiative His nonprofit group offers resources on topics football,” according to Schoell. funded by the U.S. Department of Education), the involving the civil rights movement as well as We agree. While we believe we are serving our Stanford History Education Group and Facing History contemporary subjects such as “Latinx Rights in 1960s students well by challenging them to learn about multiple and Ourselves, a nonprofit organization based in California” and “Facing Ferguson: News Literacy in a perspectives on the past and engage in debate and Brookline, Mass. Digital Age.” discussion, the 1776 Commission might favor a more State standards call for teachers to introduce Why develop curricula on such topics? “We help rose-colored glasses version of history. As this subject is students to a cornucopia of voices, ideas and students think about the complexities of history and the covered in the news, parents might take a greater interest testimonies. To test the claims made by the authors complexities of democracy – including democracy’s in how public schools teach history. and speakers, we ask students to contextualize, source, triumphs, its failures, and the gray areas in between,” Moving forward, it will be vital for school board corroborate and use evidence. Feinberg said. “We’re building not just knowledge, but members to have a good understanding of what is We also pose open-ended questions intended to elicit the skills and dispositions of citizenship. This can be a occurring in their districts’ classrooms and be able to critical thinking, evaluation and synthesis. Our job is to challenge in polarized times, but it is essential for our respond to questions with facts. Consider inviting social instruct students on how to think critically, not what to public schools.” studies teachers to brief your school board on what is think. The 1619 Project and Critical Race Theory being taught about American history in your schools. American history includes glorious successes and Also, consider hosting book talks with social studies events, and many examples of people of courage and In his remarks, the president took particular aim teachers facilitating discussions that ask members of the ingenuity. While learning those stories can inspire at the 1619 Project, an effort by The New York Times community to discuss the same issues teachers discuss feelings of pride and honor, our national story also to reexamine slavery 400 years after the arrival of the in class. It is our opinion that a strong democratic involves tragic events and circumstances that bring first enslaved Africans in the Virginia colony in 1619. nation such as the United States only benefits from open shame and sadness. Is teaching students what happened Originally a collection of essays, it has evolved into “an discussion that rests upon civility and a common goal to in the Tulsa Massacre or the story of Emmett Till ongoing initiative” that the Times says “aims to reframe create a better future for America’s youngest citizens.

New York State School Boards Association | www.nyssba.org 6 • On Board October 12, 2020

ONLINE, from page 1 Commissioner asks for local examples “In public education, we think we are working through a crisis, but when of digital divide we look back, I think we’ll realize that we worked through an educational By Merri Rosenberg revolution,” Schneider said. “In the same SPECIAL CORRESPONDENT way we say that we don’t know how we lived without the internet and cellphones, Rural, urban and suburban school soon we’ll wonder how we ever ran a class districts all face barriers to offering or a school system without an LMS.” remote education to students, according Anecdotal reports from last spring to a survey by State Education and this fall suggest higher levels of Department. These include financial student engagement for schools with and logistical difficulties in obtaining robust 1:1 learning programs (in which internet-ready devices and spotty access every student is provided with an internet to reliable WiFi connections – especially ready device, an LMS and educational in districts classified as “high need.” apps such as Google Docs). School School districts that responded to districts that were early adopters of this SED’s survey said about 16% of their “digital learning” strategy have reported students either lacked a device or had to particularly smooth and successful share one. And 12% of students had in- transitions to at-home learning. Educational Technology Specialist Kelly Kuscma-Nocca teaches sixth graders in Pleasantville Middle sufficient access to the internet, according For instance, East Irondequoit Central School how to use Schoology, a learning management system. to their school districts. (The response School District near Rochester began E Photo courtesy of Pleasantville Central School District rate among school districts was relatively its 1:1 initiative eight years ago and has low at 48%, however, which makes the led regional efforts to support digital Central School District in Orange “Students are doing more independent results less reliable as statewide figures.) learning. The transition to online learning County. “These are new ways to provide work,” Borasi said. “You may need to During a virtual roundtable was “really easy,” according to Christine information, and engage students as change some of the tasks where support discussion with Interim Education Osadciw, director of technology. constant creators,” she said. “It’s pushed is not there, and learn how to leverage Commissioner Betty Rosa on Sept. 24, “What I like is that in every single us to find new ways to engage kids.” technology to see and hear students. It’s school board members from across the class I’m teaching every single kid,” said Her district uses Google Classroom. not the same as being in the classroom, state shared some of their concerns, Cole Lachance-Tofany, who’s in his fourth Initially it was seen as a way to send and you need different pedagogical particularly in districts that serve year of teaching ninth and 10th grade and receive assignments, but teachers practices and strategies.” Native American students. social studies at East Irondequoit. He uses are warming up to all the bells and With digital learning, the role of the “Twenty percent of our students Microsoft Teams to deliver synchronous whistles. “Now we’re creating virtual teacher shifts from sage-on-the-stage to have difficulty connecting,” said (live) teaching to students who are in his learning environments that are more a facilitator and guide for students. This Sylvester Cleary, president of the classroom or at home. thoughtful and purposeful,” Tejedor said. will prepare students to function at a Forestville school board in Chautaugua “I’m interacting with every single kid Examples are “how to organize a digital high level in post-secondary education, County. “One district, on Native land, in the class, regardless of their location,” classroom to be more responsive, layering she said. has no [cell] tower. It’s impossible to get he said. “I can put them in small groups access to tools, having a virtual bulletin She sees the situation as an connected. It breaks my heart to let one to do projects. Even when students board, being collaborative, having more opportunity for school boards to ask, student fall through the cracks because are working independently, I keep my authentic projects.” “What do students really need to be we don’t have access.” webcam on so they can talk to me and The hard work of educators during prepared to be independent learners?” Kathleen Chiavetta, a member of the answer questions.” the COVID-19 emergency will be “It’s time to experiment, to ask board of education in Lake Shore Central Technology is not about plunking worth it, according to Raffaele Borasi, ‘What if I were able to make students District in Erie County, said areas of students in front of a screen, but about former Dean of the Warner School of more responsible for their own western New York are “completely engaging with them in new ways, Education at the University of Rochester learning?’ and figure out how to assess lacking infrastructure for digital.” About according to Lindsey Audiino, an English and currently director of the university’s in different ways,” said Sal DeAngelo, a quarter of the underserved areas are and special education teacher at Mineola Center for Learning in the Digital Age. who is superintendent in the Chatham homes of Native Americans. “With High School in Nassau County. The more comfortable teachers become Central School District in Columbia poverty and lack of infrastructure, this is “I will check in on them and see their with using systems like Canvas or County and president of a statewide not equity. We need help.” faces,” said Audiino. “I call on kids via Google Classroom, the more effective technology support network called One in three Blacks and Hispanics Webex. With Google Slides, I can write they will be long after the pandemic is NYSCATE. “Could we have students in the U.S. lack access to computer on top of their stuff, and have a discussion over, she said. demonstrate mastery differently, like technology in their homes, according to form within Canvas where students can “Use technology to enhance the project-based learning?” the Federal Communications Commission. respond to me and to each other.” experience of students,” she urged. He said teachers deserve credit for On Long Island, about a dozen While Audiino describes herself as “It takes time, effort and training to adapting to distance learning: “They were demonstrators gathered outside the an early adopter of technology, other do this. LMS is at the core of what forced to pivot at a moment’s notice. Hempstead school district offices on teachers say they feel as if they have been you can do in the classroom. It gives Many [districts] were caught off guard by Sept. 28, chanting: “What do we want? thrown into the deep end of the pool of structure, where all the materials and the complexity.” Laptops! When do we want them? Now!” virtual learning. work can be organized. Students can He added: “This clearly is making In a statement, Interim There certainly are a lot of new tools have on line discussions and share people apprehensive. It’s understanding Superintendent Regina Armstrong, said and approaches for teachers to learn, said work with each other.” how school will look for the next devices are on order. “This is a supply Andrea Tejedor, assistant superintendent The pandemic has forced what digital generation of students.” and demand issue that has affected for curriculum, instruction and technology learning requires: students taking a greater Special Correspondent Michael Goot the entire world, not just Hempstead in the Highland Falls-Fort Montgomery role in directing their own learning. contributed to this story. Schools,” Armstrong said. “We can’t give students what we don’t have KINDERGARTEN, from page 1 because a company is on back order.” NYSSBA and the National School Week Research Center found that what impact a family’s decision to opt out As far as the kindergarteners Boards Association are seeking a more than half said their districts are of kindergarten all together will have themselves, they’ve been handling mask $5 billion increase in federal E-rate experiencing a decrease in kindergarten on a 5-year-old child’s early learning skills. wearing while in school and the other new funding and for eligible purchases to be enrollment. “We don’t want to have a big wave coronavirus-induced protocols better than expanded to include Chromebooks and In Burnt Hills-Ballston Lake, the of kids who are behind when they show anyone, McGrath said. improving internet access for students, enrollment drop will impact the district’s up for first grade,” McGrath said. “So we “Of all the kids, the kindergarteners according to NYSSBA Executive state funding down the line, but McGrath recognize some remedial work will be don’t know it as being anything different,” Director Robert Schneider. said he doesn’t expect it to make a “huge needed for some kids to keep that cohort he said, adding: “It’s adorable, but it’s an difference.” The bigger concern, he said, is on track.” interesting time.”

New York State School Boards Association | www.nyssba.org 2020 Report to the Delegates RD 1

REPORT to the DELEGATES

New York State School Boards Association | www.nyssba.org Pandemic doesn’t slow NYSSBA advocacy

Dear NYSSBA Members:

This Report to the Delegates Notable summarizes how NYSSBA has Achievements been active during the past year on priorities that were established by At the state level, NYSSBA NYSSBA’s member districts during works closely with allied annual business meetings over the organizations to promote worthy past five years. I am proud to report proposals and oppose ones that that the COVID-19 pandemic has not would interfere with school deterred our advocacy on your behalf, success. Prior to the pandemic, we despite many obstacles. were able to: Just like your school district and • Avoid implementation of BOCES, NYSSBA has spent a lot of executive proposals to adjust energy adapting to rapidly changing and reduce building aid and situations and imperfect information. transportation aid. By mid-March, the state Capitol • Defeat an executive proposal to was shutdown to visitors, including consolidate expense-based aids. NYSSBA Governmental Relations staff. Our advocacy at the federal level We asked for our members to • Secure an extension of the small Following adoption of the state budget has been stepped up as well, as we are raise their voices, and I’m proud to group health insurance waiver for in early April, the Senate and Assembly all painfully aware of how much a new report that that school board members districts with 51-100 employees. only returned to Albany on three round of federal stimulus is needed. and other members of our school • Effectively repeal the additional occasions for less than 10 total days of Shortly after adoption of the CARES communities sent nearly 10,000 mandatory employee time-off session. While we continue to discuss Act, NYSSBA immediately drafted letters to Washington, D.C. for voting, resetting to pre-2019 important issues with state legislators letters to our congressional delegation This summer, NYSSBA staff standards. and their staff, via email and phone that called for a new round of stimulus coordinated virtual meetings with • Secure adoption of net neutrality calls, an unusual amount of NYSSBA’s funding. Additional federal funding the state’s congressional delegation principles for all internet service recent advocacy work has been directed is critical, as the state started the new to stress the need for funding. As providers in the state. towards the governor’s office. This has school year by withholding 20% of aid has been NYSSBA’s longstanding • Gain enactment of multiple become essential because, during the payments to districts – possibly laying custom, we have worked closely protections to address the use of current state of emergency, executive the groundwork for a true midyear aid with the National School Boards vaping and e-cigarette products orders have largely taken the place of reduction, as the governor has warned Association (NSBA) on a wide amongst the state’s youth. the normal legislative process. about since this past spring. variety of federal issues including the digital divide, child nutrition and student mental health. Our team has evolved plenty since Looking ahead, there is more this time last year, with departures, The Virtual Annual uncertainty and need for strong school new hires and existing staff taking on advocacy. In addition to the presidential new roles. We’ve shared information Business Meeting election this fall, all 213 state legislative about our families and interests, and seats will be on the ballot. More than we hope this gives our members When? a few state Senate Republicans have some fun starting points for future Saturday, Oct. 31, 2020 previously announced their retirement conversations, whether online or (we 8:30 – 10:30 a.m. or have otherwise chosen not to run for can’t wait) in person. re-election. And on the Assembly side, Finally, I want to thank you for What happens? some notable Democrats were defeated your dedication over this past year, • Reports from NYSSBA’s in their primaries. So, we will need in what has been one of the most executive director and to establish relationships with a new challenging situations that we have treasurer generation of legislators in Albany. It faced, individually and collectively. • Election of NYSSBA officers will be important for individual school Know that your time, efforts and • Debate and voting on board members to connect with their passion is meaningful and important. resolutions proposed by fellow elected officials. I look forward to our continued work member districts and NYSSBA’s Board of Directors The political complexion of the together and wish you a healthy and • Adopted resolutions become the official positions of NYSSBA for five Legislature seems unlikely to change, successful 2021. years and set the framework for NYSSBA’s advocacy agenda as Democratic majorities in both houses are all but certain to remain Who can attend? in place. However, the composition • Registered voting delegates of legislative conferences is sure to Brian C. Fessler • Registered attendees of the Virtual Annual Convention & Education Expo change. So we will all be keeping Director of a close watch on the November 3 Governmental How to register? election results and the leadership Relations • Contact your district clerk decisions immediately after. • Visit convention.nyssba.org/registration#registration-info This report also contains profiles of your Governmental Relations team.

New York State School Boards Association | www.nyssba.org RD 2 Report to the Delegates 2020

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New York State School Boards Association | www.nyssba.org 2020 Report to the Delegates RD 3

SCHOOL GOVERNANCE AND which directs the commissioner of AUTHORITY education to conduct a study on the use GET TO KNOW YOUR ADVOCACY TEAM of biometric identifying technology and NYSSBA urges passage of legislation prohibits the use of biometric identifying to support the sharing of programs and technology in schools until July 1, 2022 services between BOCES and local or until the commissioner authorizes such school districts with public colleges and purchase or utilization, whichever occurs municipalities when it makes financial and later. This bill passed both houses, but has programmatic sense. (2015) yet to be delivered to the governor. NYSSBA supported S.1398 (Carlucci), NYSSBA opposes any legislative and which would have authorized regulatory mandates that would impose new municipalities, including school districts, unfunded or underfunded mandates. (2018) to enter into cooperative services agreements for centralized public Throughout the 2020 legislative session, employee administrative and personnel NYSSBA opposed a number of new mandates services. This bill was not acted upon by and supported proposals to relieve existing the Senate Local Government Committee. mandates. The following represents some of the highlights of that work. NYSSBA supported S.6404 (Little)/A.6755 (Walczyk), which would have authorized NYSSBA supported a bill, S.4732 municipal governments to contract for *ULৼR $ *DOHI , that would services jointly with federal and state have required every state legislative bill agencies through preexisting contracts introduced to include a note with an (popularly known as “piggybacking”). Caroline Bobick and husband David estimate of anticipated fiscal impact on This legislation was not acted upon by the all political subdivisions, including school Senate Local Government Committee or the districts, for the subsequent three years. The Assembly Local Governments Committee. &DUROLQH%RELFNGovernmental Relations Representative bill was not acted upon by the Government Operations committees in either house. NYSSBA opposed S.7605 (Harckham)/ COVID-19 coping mechanism: Chasing after my 1 year old, Elijah! A.3164 (Byrne), which would have required Accomplishment in 2020: I published my first novel! Censored can be found NYSSBA opposed the following bills: school districts to be a part of countywide online at Amazon and Barnes and Noble. S.307 (Felder) would have required shared services panels. These panels were a police officer to be present at all mandated in the 2017 enacted budget to Best thing about working for school boards: I can’t imagine being an advocate schools in New York City for one hour recommend a shared services plan that for something I don’t believe in. Our political agenda is in line with my passion prior to instruction, during the entirety would be put to referendum. It should be for equity and investment in children’s futures. I think I would find ways to of instruction and one hour following the choice of individual districts whether advocate for public schools even if this weren’t my career. the completion of teaching. While it is to participate or not. This legislation important for district staff and students to was not acted upon by the Senate Local Not-so-obvious talent: I speak fluent Turkish and Spanish, and I’m taking online feel safe in their environment, the presence Government Committee or the Assembly classes in conversational Hebrew. of an officer could have adverse effects Local Governments Committee. Why I’m optimistic about public schools: I’m optimistic that the lessons and pose a large financial burden on our NYSSBA supported A.310B (Steck), which learned as teachers became overnight experts on remote learning will benefit public schools. The bill did not move out would have authorized all municipalities students in the years to come. When it is safe to bring all students back of the Senate Cities Committee. to join a county self-funded or self-insured to classrooms, I am hopeful that remote learning will continue to be used S.2885 (Sanders)/A.1116 (Miller MG) health plan. This bill remains in the strategically to enhance academic offerings, as well as allow students to connect would have required a substance abuse Assembly Insurance Committee. with their peers nationally and internationally. prevention and intervention counselor NYSSBA supported A.5729 (Tague), which in all NYC schools, but with no funding would have authorized municipalities, attached. This bill was not acted upon school districts, and BOCES to share change to the charter cap, it would have was not introduced in the Senate. by the Senate Cities Committee or the Assembly Education Committee. services. This bill was not acted upon by the resulted in an increase in charter schools. NYSSBA also supported A.5427 Assembly Local Governments Committee. NYSSBA opposed the de facto increase in (Goodell), which would have authorized 6 %UHVOLQ $ $ELQDQWL  NYSSBA supports legislation permitting the charter school cap and this proposal two or more school districts located within would have required notification to public boards of education to sponsor a referendum was not included in the enacted budget. the same BOCES district in Allegany, retirees by their former public corporation which would create voting wards to foster NYSSBA opposes the expansion of Cattaraugus or Chautauqua counties to of any changes to their health insurance community-wide representation. (2015) mayoral control of school districts outside enter into a contract to operate a regional plans or premiums. This bill was not acted upon by the Senate Local Government NYSSBA supported legislation that would New York City. (2015) high school. This bill was not acted upon by the Assembly Education Committee. Committee or the Assembly Governmental have authorized school boards to adopt The 2020-21 Executive Budget included a Employees Committee. a resolution to allow voters within the proposal for the Commissioner of Education NYSSBA supports legislative changes district to decide if they wanted to create and the Mayor of Rochester to jointly to align the requirements for school S.6091 (Kaminsky) would have required voting wards for boards of education. appoint a monitor to provide oversight, district absentee ballot applications with annual screenings for depression of 6 6NRX¿V $ -DFREVRQ  guidance and technical assistance to the requirements of the State Board of students in grades seven through 12. This passed the Senate but failed to move out the Rochester City School District. The Elections. (2017) bill was not acted upon by the Senate Education Committee. of the Assembly Education Committee. It proposal required mayoral approval of a NYSSBA supported Chapter 616 of the would have authorized school boards in proposed financial plan agreed upon by the Laws of 2019, signed in December, which S.6516 (Bailey)/A.5475 (Fernandez) would Orange County to create voting wards. district and the appointed monitor. NYSSBA aligned the absentee ballot application have required two qualified psychiatrists to 6 6NRX¿V $ *XQWKHU is a pushed back against mayoral involvement for general elections and school district be employed by every school district. This statewide bill that passed the Assembly in and, in the end, the enacted budget removed elections. bill was not acted upon by the Senate or 2018, but has since not moved in either the all mayoral inclusion from the Rochester Assembly Education Committee. monitor bill. NYSSBA will work with SED, the state Assembly or Senate Education Committees. Legislature and the governor to protect S.7612 (Carlucci)/A.9806 (Fernandez) Three district-specific election ward bills NYSSBA opposed legislation, A.2569 student privacy by allowing districts to use would have required all teachers to were introduced, but failed to move out (Gantt), which would have imposed locally generated ID numbers for students undergo at least three hours of mental of the Senate or Assembly Education mayoral control on the Rochester City to be used in all SED data collection health training each year. This bill was Committees. Those bills were: School District. This bill did not move out instead of easily identifiable data such as not acted upon by the Senate or Assembly of the Assembly Education Committee and names. (2017) Education Committee. 6$ 6NRX¿V $$ had no Senate sponsor. (Schmitt) would have authorized the The Board of Regents adopted Part 121 of S.7664 (Breslin)/A.9117 (Cusick) would Washingtonville Central School District to NYSSBA also opposed A.7042 (Peoples- the Commissioner’s Regulations on Jan. change the definition of substantial establish school election wards. Stokes), which would have authorized the 13, 2020 and the regulations went into completion in construction projects to mayor to appoint at least two members of effect 16 days later. The language adopted make it earlier in the construction process, 6$ 6NRX¿V $$ 6FKPLWW  the Buffalo City school board. This bill did specifically once at least partial occupation would have authorized the Chester Union concerns the protection of personally not move out of the Assembly Education identifiable information and outlines what is possible, thus reducing the amount of Free School District to establish school Committee and had no Senate sponsor. time districts are allowed to hold retainage election wards. school districts and third-party contractors NYSSBA supports the creation of regional must do to protect student privacy. on the project. This bill passed both houses 6$ 6NRX¿V $$ %UDEHQHF high schools when locally determined to According to the proposal, school districts and awaits delivery to the governor. would have authorized the Warwick Valley be educationally or fiscally appropriate by must take steps to minimize their collection, S.8550 (Hoylman)/A.10648 (Fall) Central School District to establish school the local boards of education. (2017) processing and transmission of personally would have required annual reporting election wards. NYSSBA supported legislation backed by identifiable information, and third-party concerning concussions among students. NYSSBA opposes raising the charter the State Education Department (SED), contractors must use encryption to protect This bill was not acted upon by the school cap. (2015) A.6594 (D’Urso), which would have personally identifiable information in Senate Rules Committee or the Assembly its custody. NYSSBA participated in The 2020-21 Executive Budget proposed directed SED to establish a regional Education Committee. secondary school advisory council to conversations that shaped the drafting of authorizing the reissuance of charter the final regulatory language. A.448 (Rosenthal) would have required schools in New York City that had been make recommendations regarding the all public elementary and secondary surrendered, revoked or terminated. While establishment of regional high schools. NYSSBA opposed in its present form S. schools to have a staff member trained that proposal did not make a statutory The legislation passed the Assembly, but 5140B (Kavanagh)/A. 6787D (Wallace), in administration of an opioid antagonist

New York State School Boards Association | www.nyssba.org RD 4 Report to the Delegates 2020 and have at least two doses of such opioid four years old and older aidable to the antagonist be on site at all times. This GET TO KNOW YOUR ADVOCACY TEAM same extent as K-12 transportation. (2015) bill was not acted upon by the Assembly NYSSBA supported legislation, S.4409 Health Committee. -DFNVRQ $ )DK\ that would A.645 (Rosenthal) would have required have provided school districts with schools to purchase and maintain, at their reimbursement for the transport of pre- own cost, two epinephrine auto-injectors, kindergarten students. This bill was not and have trained personnel for the acted upon by the Senate or Assembly administration of the injectors during all Education Committee. school hours. This bill was not acted upon NYSSBA opposes legislation that would by the Assembly Health Committee. provide tuition tax credits or educational A.1535 (Richardson) would have vouchers that benefit private or parochial required that all mandated child abuse schools. (2016) reporters undergo two hours of training NYSSBA opposed legislation, A.8192 in the identification of child abuse and 3DOXPER that would have expanded maltreatment prior to accepting a position the New York State College Choice in which they are a mandated reporter. Tuition Savings Program (529 plan) to Following the acceptance of such a allow parents to make tax-deductible position, all mandated reporters would contributions for elementary and secondary be required to undergo two and a half education expenses. This bill did not move hours of additional training every two out of the Assembly Education Committee. years, subject to approval by the state Office of Children and Family Services, John Daley and girlfriend Brooke NYSSBA has also held meetings with eroding districts’ input and control of Congressional representatives around the their training practices and schedule. This state and in Washington D.C. opposing bill was not acted upon by the Assembly -RKQ'DOH\Governmental Relations Representative federal measures to divert public funds Children and Families Committee. to private schools, including the U.S. COVID-19 coping mechanism: Reading Department of Education’s “equitable $ =HEURZVNL would have required services” rule that would have diverted integrated pest management plans in Accomplishment in 2020: Starting work at NYSSBA! education funding available through the child day care centers, head start day Best thing about working for school boards: The people. We have a great team federal CARES Act stimulus bill from care centers and schools. This bill public schools to private schools. was not acted upon by the Assembly and great members. I enjoy learning about each district. Environmental Conservation Committee. Not-so-obvious talent: I’m good at impersonations: I do a mean Christopher NYSSBA supports state legislation that Walken, and I do a lot of comedians like Adam Sandler and Jerry Seinfeld. It would modify the reimbursement formula $ -DৼHH would have required for school lunches. (2016) principals, guidance counselors, teachers would be career suicide to impersonate any politicians, so I don’t do Donald and bus drivers to undergo annual Trump, Bill Clinton or George W. Bush and especially not Gov. Cuomo. If anyone NYSSBA recommended additional funding training on the signs and symptoms of a tells you anything different, it’s baloney! from the state for school meal programs seizure, as well as the appropriate steps in our 2020-21 Budget Recommendations to be taken to respond to such symptoms. Why I’m optimistic about public schools: Public schools have always been document distributed to the Executive and This bill was not acted upon by the the backbone of the American education system. They have always prepared the Legislative Chambers. Assembly Education Committee. next generation for leadership and personal development. This will never change, NYSSBA supports changes that ensure NYSSBA supports proposals to allow and that is because of hardworking board members, teachers, faculty, staff, that Special Act School Districts are boards of education to determine if their administrators, parents and especially students. treated equitably with all other public buildings will be used as polling places school districts, including a tuition rate that reflects public expenses. (2016) for all elections. (2019) S.5795 (May)/A.7554 (Stirpe) would have grants for all school districts to increase the Since the adoption of a similar position allowed school districts to decline school length of either their school day or school NYSSBA supported several pieces of in 2014, NYSSBA has actively advocated building designations as early polling year or restructure their school instructional legislation that addressed increasing financial for legislative change to provide boards locations. year to create year-round instruction. (2015) support to special act school districts: of education the authority to decide However, none of the aforementioned NYSSBA has presented to both Gov. S.5192 (Mayer) would have included whether or not their buildings are used as bills moved out of either the Assembly or Cuomo’s Reimagine Education Advisory interim plus rates in special act polling places. Over the years, we have Senate Elections committees. Council and the Board of Regents’ School reimbursement methodology for tuition to met with policymakers in Albany and in- account for the years it may take before NYSSBA supports legislation authorizing Reopening Task Force, and continues to district, issued memos to every member have frequent conversations with both these districts receive rate increases to of the Legislature and conducted lobby municipalities to install speed zone ensure a more timely reimbursement of cameras in school zones. (2019) the Executive Chamber and the State days with board members to underscore Education Department regarding flexible funds. This bill did not move out of the the importance of such legislative action. In 2019, Gov. Cuomo signed into law school calendars. We strongly recommend Senate Education Committee and was not The bill we were most supportive of was Chapters 30 and 148 of the Laws of 2019 guidance and flexibility around the 180 introduced in the Assembly. S.5287 (Carlucci)/A.4743 (Galef), which authorizing the installation of cameras day requirement, as well as providing would have allowed districts to decline S.5606 (Mayer)/A.8001 (Benedetto) would in school speed zones in the cities of New districts more latitude to determine how have authorized special act school districts their buildings’ use as polling places for York and Buffalo, respectively. Since then, their school day and year should look. general, special and primary elections, to establish a stabilization reserve fund and NYSSBA has supported further legislation would ensure that such districts receive as well as school district elections. to enhance the safety of school speed zones. NYSSBA also supported SED-promoted Unfortunately, this bill did not move legislation, A.7113 (Lifton), that would the same percentage increase as that of out of the Assembly or Senate Elections NYSSBA supported legislation, A.8618 have authorized school districts to pass general support for public schools. This bill committees this session. (Carroll), which would have reduced the resolutions allowing them to begin the school did not move out of the Assembly or Senate liability for a speed zone ticket from 10 year before Sept. 1. This bill failed to move Education committees. NYSSBA also supported legislation, mph to 7 mph above the speed limit of a out of the Assembly Education Committee. 6& +DUFNKDP $ $ELQDQWL S.6930 (Krueger)/A.9655 (Galef), which school speed zone in New York City. This would have prohibited any public school NYSSBA supports funding to expand would protect school districts from bill failed to move out of the Assembly negative financial impacts, including building from being designated as an Transportation Committee. New York State- and industry-approved early polling location. This bill passed and certified career and technical reduced tuition payments from reduced the Senate but was not acted upon by the NYSSBA supports legislation to expand education programs. (2015, 2017) enrollment and from the inability to Assembly Election Law Committee. the definition of Child Safety Zones operate for a full 180 days. It has passed in the Education Law of New York NYSSBA supported the Executive’s proposed both the Senate and Assembly and now Other NYSSBA-supported bills introduced State by adding criteria that pertain to $6 million allocation to support the creation awaits delivery for action by the governor. this session that addressed schools as neighborhoods with high crime rates or of at least 10 new Early College High polling places included: School programs. However, this, along with S.8623 (Mayer)/A.10834 (Benedetto) with deteriorating vacant buildings that would have authorized special act school create safety hazards. (2019) other competitive grant proposals, was not S.108 (Kaminsky) would have removed included in the enacted budget due to the districts to establish fiscal stabilization the requirement that schools be used as NYSSBA supported legislation, S.5719 extreme fiscal pressure of COVID-19. reserve funds. This bill passed the Senate polling places, provided those primary -DFNVRQ $ )DK\ which would but did not move out of the Assembly or secondary schools are in session with have allowed school boards to adopt NYSSBA also supported SED-backed Education Committee. minors present. resolutions that would allow them to legislation, S.6537 (Montgomery)/A.7501 (Benedetto), that would have codified A.4130 (Ra) would have established S.116 (Ortt)/A.7410 (Smith) would have transport students who live within the that special act tuition rates grow by a transportation mile limits to school if the New York State Smart Scholars early prohibited any polling place designated by college high school program and the New percentage equal to the general support the Board of Elections from being located they live in a violent area or an area with for public schools appropriation. This many vacant buildings. This bill passed York State Pathways in Technology Early on the premises of any public or private College High School program in order bill did not move out of the Assembly school, or school for preschool children. the Senate, but failed to move out of the Education Committee and was not Assembly Education Committee. to ensure continuation of funds. The bill 6 %R\OH $ (QJOHEULJKW would passed the Senate, but failed to move out introduced in the Senate. have required the State Board of Elections STATE AND FEDERAL AID of the Assembly Education Committee. A.7120-A (Benedetto) would have ensured and State Education Department to jointly NYSSBA supports legislation providing NYSSBA supports making pre- that special act tuition rate increases are make recommendations concerning schools kindergarten transportation for children more timely and accurate. This bill advanced used as polling places. additional state aid inclusive of special

New York State School Boards Association | www.nyssba.org 2020 Report to the Delegates RD 5 to the Assembly Ways and Means Committee, desirability of local school districts but was not introduced in the Senate. GET TO KNOW YOUR ADVOCACY TEAM determining school calendars. This topic NYSSBA calls upon the state Legislature has been included in presentations to Gov. and the governor to reform New York Cuomo’s Reimagine Education Advisory State education funding in accordance Council and the Board of Regents’ School with the following tenets to ensure Danielle Grasso, Reopening Task Force. adequate resources to public schools in the Also, as noted above, NYSSBA supported State of New York by providing for: Grassroots Advocacy A.7113 (Lifton), which would have • Adequacy that provides sufficient Manager and authorized school districts to pass resources to assure the opportunity for a Governmental Relations resolutions allowing them to begin the sound basic education for all students; school year before September 1. This Coordinator bill, which was supported by the State • Equity to distribute a foundation level of Education Department, failed to move out state aid for every student that is based COVID-19 coping mechanism: of the Assembly Education Committee. on the actual cost of providing a sound My husband and I have been able basic education that fairly compensates to dedicate more time than we NYSSBA supports preserving Medicaid for differences in community costs, funding to school districts, while also could’ve imagined to renovating seeking to streamline associated reporting needs and resources while precluding our new home, including a municipalities from using state aid to requirements and provide reimbursement complete overhaul of our front yard for all required administrative costs. (2018) replace local education resources; landscaping. You could say it’s been • Flexibility to increase the percentage of an extreme version of “nesting.” NYSSBA supported legislation, S.7812 operating aid so that boards of education (Rivera)/A.9894 (Gottfried), that would retain the discretion to determine what Accomplishment in 2020: We have allowed sponsors of school-based educational programs best address local have been able to continue the health centers (SBHC) the option to remain needs while local communities should work of our grassroots advocacy carved out of the Medicaid Managed Care not be restrained from determining the programs even while virtual! Program, even after they transition on level of funding they will expend to We were able to have school Jan. 1, 2021 to being incorporated into the support educational programs; Danielle Grasso Medicaid Managed Care benefit package. board members have important Many SBHC providers predict that the • Predictability based on timely passage conversations with representatives carve-in will disrupt and negatively impact of the state budget and stable funding on the state and federal level even though we couldn’t meet in-person. their revenue streams. This bill advanced distributed through a consistent, Best thing about working for school boards: In any workplace, the mission and to the Senate Finance Committee and the uniformly applied formula that would employees’ dedication to it makes all the difference. The enthusiasm our team has Assembly Rules Committee. not require annual manipulation by the Legislature and that would facilitate long- for public education advocacy is what keeps me going. Additionally, NYSSBA included strong term planning by school districts; and commitments to Medicaid funding as Not-so-obvious talent: I’m an avid BBQ-er. During quarantine I’ve started to one priority of their federal lobbying • Clarity by establishing a funding formula hone my meat smoking skills. My biggest summer accomplishment was a 14- efforts this year. Each Congressional that is easily explained and understood. pound brisket that took 20 hours to cook. representative received a memo from (2016) Why I’m optimistic about public schools: Throughout my life I have seen the NYSSBA outlining the need for Medicaid Prior to the Executive budget proposal in benefits and impacts that public schools have. Being both an attendee of a public funding in schools. January, NYSSBA called on the state to school and the daughter of a public school teacher, I know what public education NYSSBA supports additional state provide a school aid increase of $2.1 billion has and can do for entire communities. and federal funding for school safety over 2019-20 funding levels as part of its programs, staff and equipment, including 2020-21 state budget recommendations. The prevention programs directed toward largest portion, $1.6 billion over the previous social emotional development and mental year amounts, was requested as Foundation failed to include a planned phase-in of the than 25% of their total assessed property health programs. (2018) Aid. As in years past, NYSSBA also Foundation Aid formula. With Foundation value is owned by tax exempt entities. The advocated for a restart of the Foundation Aid held flat in 2020-21, the state is now bill was not acted upon by the Assembly The enacted budget included a new Aid formula, in conjunction with a series of more than $3.8 billion below full funding Real Property Taxation Committee. appropriation of $10 million for student updates and improvements to the formula. of the formula, with nearly 425 districts mental health support grants, as well as S.3679A (Harckham)/A.3330-A the continuation of $1.5 million to support statewide receiving less than 100% of $ELQDQWL would establish a real property The Executive proposed an education funding, based on the statutory formula. mental health programs in schools. funding increase of $826 million over tax exemption task force. This bill passed NYSSBA was pleased to see a marked 2019-20 levels. Within that figure, the Prior to the financial upheaval caused both the Senate and the Assembly and now increase in state funding for student budget proposal would have provided by COVID-19, late last year the Senate awaits delivery for action by the governor. mental health services above what was a $504 million increase in Foundation Committees on Education and Budget & S.5122-A (Gaughran)/A.7786 (Stern) initially proposed in the Executive budget. Aid, of which $50 million would have Revenue held statewide hearings on the would have limited the amount of past been restricted for an increase in the future of the Foundation Aid formula. The NYSSBA supported bills S.115 (Ortt) year tax payments the Long Island and6 -RUGDQ which would have community schools set-aside. The Assembly Education Committee also hosted Power Authority could seek from local proposal included nearly $75 million in meetings on the issue. Attendees heard from expanded building aid eligible expenses to governments by prohibiting these back include expenditures for school safety and expense-based and other reimbursement hundreds of participants who expressed the payments from being assessed against a aids. As in previous years, the proposed need for significant increases in Foundation security. These bills did not move out of local government after the bill became the Senate Education Committee and did increase was based on a one-time Aid. NYSSBA offered testimony to the law. The bill passed the Senate only. distribution formula and not on a renewed Senate Education and Budget & Revenue not have an Assembly sponsor. phase-in of the statutory formula. Nor Committees on the future of Foundation Aid. 6 6NRX¿V $$ =HEURZVNL  NYSSBA supports proposals establishing did the proposal make any updates or That testimony can be found here: https:// would have provided state building aid additional dedicated funding for student improvements to the underlying formula. www.nyssba.org/clientuploads/nyssba_pdf/ for certain school district debt service health and mental health services. (2018) gr/senate-foundation-aid-hearing- expenses related to large tax certiorari Unfortunately, the Coronavirus pandemic testimony-12032019.pdf judgments. Similar language has been On the state level, NYSSBA has advocated for greatly impacted projected state finances included in recent legislative budget a new expense-based aid to be established and subsequent adjustments were made to NYSSBA supports increased and timely proposals, but has failed to gain approval. to reimburse districts for expenditures on state aid in the enacted budget. The final state funding for provision of appropriate The bill did not move out of the Assembly mental health services, as well as building budget included a “Pandemic Adjustment” mandated instruction for English as a or Senate Education Committee. aid eligibility for costs associated with which reduced state aid for schools by $1.1 New Language (ENL) students, including school health and mental health facilities. unaccompanied minors. (2017) S.144 (Carlucci) would have allowed billion, which was offset by allocations As noted above, the appropriation of provided to districts through the Federal school districts to pay property tax NYSSBA supported legislation, S.2716 judgments over a three year period. This $10 million in this year’s final budget CARES Act, effectively holding most (Kaplan)/A.6376 (Magnarelli), that for student mental health support grants districts’ state aid flat. legislation was not acted upon by the would have provided new and additional Senate Local Government Committee. was supported by NYSSBA, as well as the School funding advocacy continues as of state aid for districts with significant continuation of $1.5 million to support this report’s printing, as districts face the growth in ELL and overall enrollment. S.7216 (Harckham)/A.8736 (Galef) mental health programs in schools. real possibility of further midyear state The bill, which NYSSBA has supported in would have subject all state-owned the past with different sponsors, did not land to real property taxation. This bill Health and mental health services has aid reductions due to the financial impact also been a prominent point of discussion of the COVID-19 pandemic. move out of either the Senate or Assembly was not acted upon by the Senate Local Education Committee. Government Committee or the Assembly in NYSSBA’s meetings with Congressional NYSSBA supported Chapter 107 of the Laws Ways and Means Committee. representatives. of 2020, which provides that school districts, NYSSBA supports legislation at the state level to hold school districts financially NYSSBA supports legislative proposals NYSSBA supported S.8416 (Metzger)/ including the city school district of the city of A.10404A (Rosenthal L), which includes New York, are entitled to an apportionment harmless whenever they experience that would allow districts to adopt an the unanticipated, significant loss of earlier start to the instructional year with audio-only and video-only telehealth and of state aid for the closure of schools in telemedicine services in those telehealth response to the novel coronavirus. revenue due to tax certiorari cases or the those dates being eligible for state aid and unexpected loss of a significant portion of also allow for extending the school year and telemedicine services eligible for NYSSBA supports fully funding the the value of their taxable property. (2018) beyond the last Regents exams. (2018) reimbursement. This bill was signed into Foundation Aid Formula. (2017) law. (Chap. 124/2020) NYSSBA supported the following bills: NYSSBA has frequent conversations with Despite NYSSBA’s advocacy and in light of the governor’s staff and State Education the global pandemic, the state budget again A.4284 (Wallace) would have provided Department officials regarding the state aid to school districts in which more Continued on RD 8

New York State School Boards Association | www.nyssba.org RD 6 Report to the Delegates 2020 Report to the Delegates RD 7 Your guide to the virtual convention experience Visit convention.nyssba.org for the most up-to-date information And more! 9 Ask NYSSBA 8 Student Talent Schedule Via navigation tabs, you will be able to access more Ask a question, share information or chat 1 features including a Photo Gallery. Take a selfie with NYSSBA experts on advocacy, policy, On the virtual convention menu (see center of this page), click on “Schedule” to select a session to view, including: and upload it to advance in the Game of Points! Be leadership development, as well as our Member • 40 hours of programming – seminars, workshops and roundtables. sure to also take advantages of a Notes function and Relations team. • Keynote Presentation (Oct. 27, 8:30 to 9:30 a.m.) participate in Surveys and Live Polling. • Conversation with the Interim Commissioner of Education • School Board – The Musical You will be able to see slide decks and presentation materials from this tab. 10 Social Feeds All sessions will be recorded! Recordings will be available 48 hours after the live presentation and online for all See what people are saying on Facebook, Twitter, Convention registrants until Dec. 31. This means you will be able to view all sessions at your convenience. Instagram, YouTube and LinkedIn, and be sure to follow using #nyssba20. Participation will earn you points toward the Game of Points.

ReRRecordedecoorded pperformances of student musical groups from Averill Park (above) and Syossett (below) will be accessible uununderndeer the ““Student Talent” tab in the interface menu. Also view student artwork and our “students in action” photo loop.

1 Schedule 6 Game of Points

2 Expo 7 Awards

Keynote speakers: The Three Doctors will deliver an inspirational message 3 Sponsors 8 Student Talent Note: When you view a session, you will earn points toward the Game of Points. (See the contest rules at mmenuenu ititemeemm 6.)6.)

4 Networking 9 Ask NYSSBA 2 Expo Review the searchable list of exhibitors and enter their virtual booths by clicking on their logo. Schedulee a meeting, sign up for email information and view videos. Exhibitors are eager to interact with you brieflyfly Forum Social Feeds or at length. They will be available Tuesday, Oct. 27 to Thursday, Oct. 29 from 8 a.m. to 5 p.m. and duringng 5 10 dedicated Expo time (indicated on the Convention schedule).

Artist’s rendering - your screen will look different 3 Sponsors 7 Awards See who supports our Convention and educational programming and you will earn points toward Watch video presentations of the Everett R. Dyer Award for Distinguished School the Game of Points. Visit their virtual booths in the Expo (See menu item2. ) 4 NetworkingNeN tworkking 5 ForumForum 6 GameGGame ooff PPoPointsints Board Service, the President’s Award and Teacher of the Year. Validictorian sponsors Start networking with your colleagues. Congratulate a speaker or You will earn points by viewing sessions and participating in other Convention activities See a directory and add anyone to your make an observation. The as noted in this guide. Compete with your colleagues from other districts. Check out the list of connections (My Connections). Convention will be also leaderboard under menu item 4 to see who has racked up the most points. Create your e-business card and/or talked about on Twitter, 1st Place - $1,000 Amazon gift card biography. You can begin chatting Facebook and other public 2nd Place - $750 Amazon gift card instantly. forms of Social Media 3rd Place - $500 Amazon gift card (see menu item 9). Salutatorian sponsors Also, check out the leaderboard for the The gift cards will be made out in the name of the winning school districts and Game of Points, in which someone will emailed to district clerks (Maximum of one prize per district; the district must be a earn a $1,000 Amazon gift card for their member of NYSSBA in good standing at the time of the event.) school district! (Second place is $750 The Game of Points will begin on Oct. 20 and end at 5 p.m. Oct. 29. Winners will and third is $500. See menu item 6.) be announced on Oct. 30 via email to the superintendents and district clerks of the winning school districts as well as to the membership. Judy Katz Ed Nitkewicz Jennifer Wolfe Dyer Award President’s Award Teacher of the Year

New York State School Boards Association | www.nyssba.org New York State School Boards Association | www.nyssba.org RD 8 Report to the Delegates 2020

Continued from RD 5 S.941 (O’Mara)/A.3696 (Palmesano) GET TO KNOW YOUR ADVOCACY TEAM would have required a public secondary NYSSBA supports legislation that would school, upon request of ten or more require the Smart Schools Review Board students enrolled in that school, to (“SSRB”) to meet monthly and promptly establish a curriculum for hunting, fishing acknowledge, review and act on all school and outdoor education consistent with the district submissions. (2018) courses required by the Department of Environmental Conservation for license NYSSBA supported legislation, S.1347 applicants. This bill did not move out (Serino)/A.7119 (Benedetto), that would of the Assembly Education or Senate require the smart schools review board to Environmental Conservation committees. meet at least once every three months. This bill passed the Assembly, but did not move S.1104 (Hoylman)/A.2234 (Rozic) would out of the Senate Education Committee. have required two hours a week of civics instruction for students grades K-12. This NYSSBA supports proposals to require bill did not move out of the Senate or the state to fund all state-mandated school Assembly Education committees. meal programs and practices. (2019) 6 -DFREV $ 'LQRZLW]  NYSSBA recommended, in our 2020-21 would have required instruction in Budget Recommendations document, cursive writing and memorization of additional funding from the state to multiplication tables. This bill did not support the “No Student Goes Hungry” Brian Fessler with wife Katie and son Calvin move out of the Senate or Assembly and “Breakfast After the Bell” programs. Education committees. The document was distributed to the Executive and Legislative Chambers. Brian Fessler, Director of Governmental Relations S.1478 (Hoylman)/A.4744 (Seawright) would have required instruction on LGBT NYSSBA supports federal and state COVID-19 coping mechanism: My 2-year-old, Calvin, is a blast and has kept awareness. This bill did not move out of the legislative and regulatory action in me plenty busy! I’ve also been able to read a bit more than I normally would, Senate or Assembly Education committees. addressing the educational and fiscal needs and I’ve been able to build up my political memorabilia collection with lots of S.2382 (Comrie)/A.6001 (Seawright) attendant to the increase of unaccompanied socially-distanced eBay shopping. minors into New York State. (2019) would have required instruction in Accomplishment in 2020: My wife and I watched both of the entire Star Wars consumer awareness and financial NYSSBA supported the reauthorization and Marvel movie series. And I was promoted to my current position at NYSSBA. education. This bill did not move out of $1.5 million for the Refugee and of the Senate or Assembly Education Immigrant Student Welcome Grants Best thing about working for school boards: I am deeply appreciative of the committees. program that prioritizes awards to public education I received in New York, from elementary school up through my school districts with increased refugee S.4050 (Stavisky)/A.579 (Braunstein) graduate degree. Being able to work with school board members across the state to would have required all textbooks to and immigrant populations, including help support the next generation of students is something that means a lot to me. unaccompanied minor students. reference the Sea of Japan as the East Sea. Not-so-obvious talent: I can make a wide array of animals sounds. It even helped This bill did not move out of the Senate or NYSSBA has also actively supported Assembly Education committees. federal proposals that would protect get me a job in college! S.4853 (Parker)/A.877 (Rosenthal) individuals whose immigration status has Why I’m optimistic about public schools: It’s a cliche, but public education been threatened due to the suspension would have required instruction in food, will always be the great equalizer. There are, and will continue to be, plenty of agriculture and nutrition. This bill did of the deferred action for child arrivals challenges to face, but there are few things in life that can match the power and (DACA) program. not move out of the Senate or Assembly opportunity created by a quality public education. Education committees. CURRICULUM, INSTRUCTION S.5539 (Stewart-Cousins)/A.3831 AND ASSESSMENT (McDonald) would have required in 2019 amended law that required state the expansion of broadband access to NYSSBA shall advocate for an overhaul instruction on the history of the Ukranian assessments to be used for teacher evaluation unserved and underserved communities. genocide-holodomor of 1932-33. This of the current, inadequate testing system purposes. Such assessments are now This bill passed both the Senate and the to more accurately measure achievement bill did not move out of the Senate or permitted, not required, to be used towards Assembly, but as of the publication of this Assembly Education committees. in skills, knowledge and abilities, and it an educator’s performance evaluation. document has not been delivered to the shall do this by: S.7907 (Liu)/A.9844 (Kim) would have NYSSBA supports programs and policies governor for his signature. Working collaboratively with the New required instruction on the importance of to expand access to Advanced Placement, As noted above, NYSSBA distributed Yu Gwan-Sun and her contribution as a York State Board of Regents and the International Baccalaureate or other memos to all Congressional representatives New York State Education Department, globally recognized human rights activist. enrichment programs through BOCES and addressing access to technology and This bill did not move out of the Assembly superintendents, administrators online delivery. (2015) advocating for increased broadband and teachers to create tests that are or Senate Education committees. NYSSBA supported the state’s continued connectivity statewide, as well as $5 billion developmentally appropriate, of in additional funding to the E-rate program 6 $GGDEER $ 3KHৼHU reasonable length and frequency, and investment in funding to offset the Amato) would have required the cost of Advanced Placement (AP) and to better equip schools and students to which avoid the unintended consequences successfully implement online learning. instruction of water safety. This bill did of narrowing the curriculum, teaching International Baccalaureate (IB) exams not move out of the Assembly or Senate to the test, reducing love of learning and for students eligible for free and reduced- NYSSBA supports proposals that would Education committees. undermining school climate; price lunch, and $1 million for advanced expand after-school programs. (2017) A.1037 (Rosenthal) would have required course access grants that can be used for NYSSBA supported the Executive budget Insisting that educators throughout the teacher training, materials or equipment the instruction of state and local State be included in all aspects of the proposal to include an additional $10 government in elementary and middle for digital learning in districts with no or million in after-school grants to expand creation of standardized tests; and very limited advanced course offerings. schools. This bill did not move out of the programming to an additional 6,250 Assembly Education Committee. Demanding that district personnel be At the federal level, NYSSBA distributed students. This expansion was not included permitted to examine test results, answer memos to all Congressional representatives in the final budget, but NYSSBA was A.1065 (Miller MG) would have required keys, and their students’ responses so addressing access to technology and grateful that preservation of funding for instruction in Indian Subcontinent/Indo- that educators can better assess what advocating for increased broadband existing programs remained in place. Caribbean studies. This bill did not move each child is learning in relation to what out of the Assembly Education Committee. connectivity statewide, as well as $5 billion NYSSBA supports proposals that would is being taught and so that such tests can in additional funding to the E-rate program truly inform instruction. (2015) make kindergarten attendance mandatory. A.3493 (Barnwell) would have required to better equip schools and students to (2018) certain school districts to offer instruction NYSSBA actively supports legislation successfully implement online learning. in American Sign Language. This bill did NYSSBA supported the signing of Chapter which would require the design and NYSSBA supports the appropriate use not move out of the Assembly Education validation of an APPR process that truly 703 of the Laws of 2019 which allowed Committee. of technology to enhance academic all boards of education in New York informs instruction and thereby promotes programs. (2016) student learning. (2015) State to decide whether they would make A.10296 (McMahon) would have required NYSSBA was pleased to see that net kindergarten mandatory. education on sexual consent. This bill did In December 2015, the New York Common neutrality protections were included in not move out of the Assembly Education Core Task Force released a report that NYSSBA opposes legislative curriculum Committee. the enacted state budget. Net neutrality mandates. (2019) included about a dozen recommendations helps ensure equitable access to online to overhaul the existing testing system. SED educational resources which results NYSSBA opposed a number of curriculum SPECIAL EDUCATION has since taken many steps to implement in school districts saving money while mandate bills including the following: those recommendations. In 2016, SED NYSSBA shall seek legislation that exposing students to the most innovative S.350 (Felder) would have required assigns responsibility for the payment of increased the involvement of state and effective instructional content. educators in the review and development instruction on the Sept. 11, 2001 attacks. tuition and fees associated with students of state assessments. That same year, SED NYSSBA supported legislation, S.8805 The bill did not move out of the Senate attending the state schools for the blind transitioned to untimed testing. In spring (Metzger)/A.6679-C (Ryan), to require Education Committee. and deaf to the State of New York. (2015) 2018, SED reduced the number of days of the Public Service Commission to review S.378 (Lanza) would have required a course The 2020-21 Executive proposal included the 3-8 exams from 3 days to 2. the availability of broadband service on the provisions of the federalist papers and a provision to eliminate the state share of throughout the state of New York and work Additionally, the state budget adopted the U.S. Constitution. The bill did not move maintenance costs related to Committee with internet service providers to prioritize out of the Senate Education Committee. on Special Education (CSE) placements

New York State School Boards Association | www.nyssba.org 2020 Report to the Delegates RD 9 for districts outside of New York City, and 6 6NRX¿V would have added more seven year limit on the real property tax acted upon by the Senate or Assembly to shift the state’s financial responsibility recent conflicts to the list of hostilities that exemption for unimproved property of Education Committee. qualify for the alternative veterans’ tax for maintenance costs of state-operated certain nonprofit organizations. This bill S.7783 (Brooks) would have schools for the blind and deaf onto school exemption. The bill was not acted upon by was not acted upon by the Senate Local the Assembly Veterans’ Affairs Committee. authorized BOCES to establish workers districts. NYSSBA advocated against this Government Committee. compensation reserve funds. This bill cost shift, and while it was included in the S.1913 (Gaughran)/A.6712 (Stern) would NYSSBA supports legislation enabling was not acted upon by the Senate Local enacted budget, the final version of the law have authorized school districts to grant school districts and BOCES to create Government Committee. set the cost shift to expire after one year. the volunteer firefighter/ambulance worker dedicated reserve funds to help offset the property tax exemption to homeowners A.4807 (Smullen) would have authorized NYSSBA urges the Commissioner of costs of all employee pensions (including the creation and funding of post-employment Education to increase the maximum age who reside within the school district but teachers) and other post-employment provide volunteer services to a neighboring benefit funds for BOCES employees. This of participation in inclusionary sports for benefits (OPEB) obligations. (2016) bill was not acted upon by the Assembly alternatively assessed students. (2019) municipality. The bill passed the Senate, but was not acted upon by the Assembly NYSSBA supported a number of local Local Governments Committee. In response to a chorus of advocates, Real Property Taxation Committee. legislative proposals to authorize NYSSBA supports legislation amending including NYSSBA, seeking this regulatory districts to establish their own self- S.2570 (Bailey) would have increased Article 18-A of the General Municipal Law change, the New York Board of Regents funded health insurance reserve funds, to permit school districts, at their option, to adopted an emergency rule during its the value of the alternative veterans’ tax including for Orchard Park, Holland, exemption for households with two or more be necessary parties to payment-in-lieu-of- December 2019 meeting to allow students Depew, Springville-Griffith, Carmel, taxes (“PILOT”) agreements. (2017) over the age of 19 who had not yet qualified residents. The bill passed the Senate Binghamton and Liverpool. In addition, graduated high school to participate in but was not introduced in the Assembly. NYSSBA supported a bill, S.2067-B NYSSBA supported Chapter 185 of inclusive athletic activities. In their March S.2900 (Kaplan)/A.49 (Cahill) would -RUGDQ $$ %XFKZDOG that would the laws of 2019 which required IDAs 2020 meeting, the Board of Regents voted have authorized a green development have authorized the creation of self- to livestream all meetings and to post to permanently adopt this rule. neighborhood property tax exemption. funded health insurance reserve funds recordings of the meetings to their website. The bill advanced to the Senate floor, but for all school districts in the state. This NYSSBA also supported Chapter 421 of LOCAL MANAGEMENT AND BUDGET was not brought up for a vote and did not legislation was not acted upon by the the Laws of 2019, aimed at addressing the NYSSBA shall advocate changes in the move out of the Assembly Real Property Senate Local Government Committee or challenges presented to districts by PILOT Affordable Care Act to modify conditions Taxation Committee. the Assembly Education Committee. programs. This law makes clear that any under which penalties may be imposed on S.4662 (Ranzenhofer) would have Other reserve fund related legislation successful property assessment challenge employers for health insurance premiums authorized a residential redevelopment supported by NYSSBA included the following: resulting in a reduction to the amount of that exceed a benchmark established by inhibited property tax exemption to be PILOTs paid to a school district does not the law. (2015) 6 0HW]JHU $ -DৼHH take effect until the following school year. enacted by any local government in the would have extended the authority to NYSSBA supports the ability for districts state. This bill was not acted upon by the establish repair reserve funds, which NYSSBA supported further legislation this of 51-100 employees to choose to opt out Senate Local Government Committee. school districts have, to BOCES. This bill session to address the IDA and PILOT of “small group” coverage. Presently, 6 $GGDEER $ 3KHৼHU$PDWR  was not acted upon by the Senate Local issues faced by school districts, including school districts with 51 to 100 employees would have established a real property tax Government Committee or the Assembly the following: may choose to exclude themselves from the exemption for the primary residence of a Education Committee. S.92 (Kaminsky) would have required definition of “small group” for purposes of veteran with a service connected disability. S.5641 (Brooks) would have allowed IDAs to include an estimate of all property health insurance coverage. Forcing these This bill was not acted upon by the Senate tax impacts from any tax exemptions in districts into the small group category BOCES to establish other post- Committee for Veterans, Homeland Security employment benefit reserve funds. This their analysis of project proposals prior to would lead to massive rate increases for and Military Affairs or the Assembly Real awarding any PILOT agreements. The bill more than 100 school districts. bill was not acted upon by the Senate Property Taxation Committee. Local Government Committee. was not acted upon by the Senate Local While NYSSBA continues to push for 6 &DUOXFFL $ $ELQDQWL would Government Committee. a permanent waiver, the enacted state S.7222 (Borrello)/A.5797 (Giglio) would have required that the tax burden imposed have authorized the Salamanca City S.1914 (Gaughran)/A.146 (D’Urso) budget extended existing provisions for an by real property tax exemptions authorized would have established that any reduction additional year, until 2022. School District to establish a federal by school districts to veterans not be shifted impact aid reserve fund. This bill was not in PILOTs that reduces a school district’s NYSSBA supports the state assuming to other school district taxpayers or reduce responsibility for subsidizing the veterans’ revenue. This bill was not acted on by the tax exemption. (2015) Senate Committee for Veterans, Homeland 12th Annual Pre-Convention Communications Live Virtual Workshop As in recent years, this past legislative Security and Military Affairs or the session saw numerous attempts to increase Assembly Veterans’ Affairs Committee. or expand property tax exemptions to S.8143 (Parker)/A.6966 (Ramos) certain groups of taxpayers. Consistent would have expanded eligibility for the with our position, NYSSBA requested alternative veterans tax exemption to amendments on any proposed exemption include active members of the military. that did not offer state reimbursement. The bill was not acted upon by the If a bill advanced without state funding, Veterans Committee in either house. NYSSBA opposed the legislation. Such A.5858 (Fitzpatrick) would have granted proposals included the following: an exemption from real property tax to S.127 (Ortt)/A.4977 (DiPietro) would disabled veterans regardless of whether have extended the residential-commercial they served in wartime. The bill was not exemption program to all municipalities acted upon by the Assembly Veterans’ in the state. This legislation was not acted Affairs Committee. upon by the Senate Local Government A.8857 (Thiele) would have authorized How do you best communicate about risk to your Committee or the Assembly Real Property the parents of an unmarried combat Taxation Committee. veteran killed in combat to be entitled district employees and school community? S.393 (Lanza) would have increased the to a real property tax exemption. This amount by which combat veterans are legislation was not acted upon by the exempt from real property taxes from 10% Assembly Veterans’ Affairs Committee. This informative workshop will cover how to: to 35%. The bill was not acted upon by the Conversely, NYSSBA has supported bills Senate Committee for Veterans, Homeland consistent with this position statement. Provide accurate, Influence stakeholders to Security and Military Affairs. This year, NYSSBA supported a number of up-to-date information take a specific action 6 /DQ]D $ =HEURZVNL would pieces of legislation to that end, including have increased the alternative veterans the following: Strike the right tone Avoid sending mixed property tax exemption for fully disabled S.756 (Kennedy) would have replaced the in your message messages veterans to 100% of their property value. current system of veterans’ real property The bill was not moved by the Veterans tax exemptions funded by municipal tax Committee in either house. revenue reductions with state funding. SESSION 1: S.1244 (Carlucci) would have increased This legislation was not acted upon by the Lessons from the Coronavirus Pandemic the income threshold for eligibility for Senate Committee for Veterans, Homeland featuring Peter J. Hotez, M.D., Ph.D., Dean of the the senior citizen and disabled person Security and Military Affairs. property tax exemptions. This bill was National School of Tropical Medicine and Professor of Pediatrics and 6 &DUOXFFL $ $ELQDQWL Molecular Virology & Microbiology, Baylor College of Medicine not acted upon by the Senate Local would have extended the enhanced Government Committee. STAR benefit to veterans, including state 6 6NRX¿V $ 5R]LF would reimbursement of the benefit. This bill was have expanded eligibility for the alternative not acted upon by the Senate Committee veterans tax exemption to include veterans for Veterans, Homeland Security and TUESDAY, OCT. 20 1:00 – 4:00 P.M. who served after the Persian Gulf War. The Military Affairs or the Assembly Real bill was not acted upon by the Veterans Property Taxation Committee. For full agenda and to register visit convention.nyssba.org Committee in either house. 6& 6NRX¿V would have set a Follow #NYSSBA20 for convention updates.

New York State School Boards Association | www.nyssba.org RD 10 Report to the Delegates 2020 total revenue by more than 5% would NYSSBA supports raising the allowable officers employed as SROs to $65,000. start times. The report discussed support be phased in over 10 years. The bill undesignated fund balance for school The bill was not acted upon by either for delayed school start times as well as was not acted upon by the Senate Local districts. (2017) the Senate Civil Service and Pensions challenges and considerations to making Government Committee or the Assembly NYSSBA supported a bill, A.5645 (Giglio), Committee or the Assembly Committee on such a schedule change. https://www. Real Property Taxation Committee. that would have increased the fund balance Governmental Employees. nyssba.org/clientuploads/nyssba_pdf/gr/ S.4174 (Gaughran)/A.1844 (Magnarelli) limit to 10% for districts that have an NYSSBA opposed S.4254 later-start-times-report-07202020.pdf would have required that any business enrollment of less than 1,500 students or (Martinez)/A.6750 (Thiele), which would NYSSBA also supported legislation, under a PILOT agreement that plans to have a general fund budget of less than have authorized schools to pay the salaries A.8668 (Rosenthal) that would have challenge the property assessment to first $5 million. The bill was not acted upon and compensation of school resource directed NYSED to establish a commission notify any affected school district of its by the Assembly Real Property Taxation officers. The bill could have placed to study the needs of adolescents and the intent. The bill was not acted upon by the Committee. NYSSBA-supported legislation additional restrictions on school districts effect that school day start times have on Senate Local Government Committee or continued to be carried in the Senate which since many already pay the town or city for the health and academic performance of the Assembly Codes Committee. would have increased the allowable fund SRO services. The bill was not acted upon students. This bill was not acted upon by S.4373 (Parker)/A.5162 (Blake) would balance school districts can retain to 6%, by the Senate Local Government Committee the Assembly Education Committee. have established additional procedures above the existing four percent limit. The or the Assembly Education Committee. NYSSBA supports all efforts to improve to be followed by IDAs prior to making bill, S.340 (Akshar), was not acted upon by NYSSBA supports the full restoration of school safety by limiting or reducing development loans to ensure the the Senate Local Government Committee. state and local tax (SALT) deductibility. unauthorized access to guns in schools. achievement of goals like job creation. NYSSBA supports legislation that allows (2019) (2018) This bill was not acted upon by the Senate the date of the annual reorganizational Since the Tax Cuts and Jobs Act was NYSSBA supported legislation, S.8028 Local Governments Committee or the meeting to be on or before the Monday adopted in 2017 that placed a $10,000 (Liu), that would have provided Assembly Local Governments Committee. following the 20th of July. (2018) cap on state and local tax deductions, information to parents of students in all S.4720-B (Mayer)/A.7576 (Ryan) would NYSSBA supported the signing of Chapter NYSSBA has lobbied for a full restoration schools on the safe storage of firearms. have required that every IDA governance 526 of the Laws of 2019 which expands of SALT deductibility. In addition to This bill was not acted upon in the Senate board include at least one school board the flexibility of small city school districts including this as a priority during Education Committee and did not have an member from a school district within in choosing dates for their annual school annual Congressional meetings, each Assembly sponsor. the jurisdiction of the IDA. The bill was board reorganizational meetings. Congressional representative has received NYSSBA supports an amendment to not acted upon by either the Senate or NYSSBA supports legislation to exempt NYSSBA’s memo in opposition to the cap Penal Law Article 240 entitled Falsely Assembly Local Government Committee. expenditures related to school safety from on SALT deductions. Reporting an Incident to criminalize S.7347 (Mayer) would have required the tax cap. (2018) EMPLOYEE RELATIONS falsely threatening use of a gun or making school board membership on IDA boards. threats of mass violence on public school NYSSBA supported a number of bills NYSSBA supports legislation to amend This bill remains in the Senate Local that would have excluded safety-related property. (2018) Government Committee. the Triborough Amendment of the Taylor expenditures from tax levy limits, Law to eliminate the obligation of school NYSSBA supported legislation, S.708 S.7831 (Comrie) would have required including the following: districts to pay “step” increments after (Gallivan), which would have amended confirmation that notice was given by S.3008 (Funke)/A.1836 (Gunther) would the expiration of collective bargaining section 240 of the Penal Law to make all IDAs to affected local taxing jurisdictions have exempted safety expenditures from the agreements. (2017) threats of violence against a school that such as school districts prior to the would cause serious physical harm to 10 tax cap. The bill did not move out of the The Association supported a bill, A.5168 approval of projects by IDAs. After being Assembly or Senate Education Committee. or more people a felony in New York State. vetoed by the governor in 2019, this bill (Schimminger), which would have The bill did not move out of the Senate was not acted upon by the Senate Local 6$ $GGDEER $ '¶8UVR created the Public Employees’ Fair Codes Committee and was not introduced Government Committee this year. would have exempted safety expenditures Employment Act Study Commission to in the Assembly. from the tax cap. The bill did not move review the existing Taylor Law addressing S.7963 (Martinez)/A.10930 (Thiele), out of the Assembly or Senate Education labor relations between public employers NYSSBA supported S.718 (Gallivan), would have required notification of the Committee. and their employees. The bill did not have which would require the commissioner of expiration of a PILOT agreement to the a sponsor in the Senate and it was not education to notify municipal governments affected taxing jurisdictions, including S.8063 (Gallivan) would have excluded and superintendents when a sex offender expenditures for school resource officers acted upon by the Assembly Committee on school districts. This bill was not acted Governmental Employees. is transferred to a community program upon by the Senate Local Government from tax levy limits. This bill did not move or residence. This bill was not acted Committee or the Assembly Local out of the Senate Education Committee NYSSBA also supported a bill by upon by the Senate Mental Health and Governments Committee. and did not have an Assembly sponsor. Assembly member Goodell, A.5435, which Developmental Disabilities Committee. A.3186 (Gunther) would have excluded would have protected public employers NYSSBA supports meaningful reforms to from being required to pay wage increases NYSSBA also supported a bill, S.3976 the Tax Cap Levy Formula. (2017) expenditures for school resource officers *ULৼR $ %XWWHQVFKRQ which from tax levy limits. This bill did not move or benefits as a result of an expired NYSSBA supports legislation to ensure collective bargaining agreement. The bill would have amended section 240 of out of the Assembly Education Committee the Penal Law to increase penalties for that no school district can have a negative and did not have a Senate sponsor. does not have a sponsor in the Senate property tax cap. (2017) and was not acted upon by the Assembly threats of mass violence. This bill was A.5773 (Lalor) would have excluded Committee on Governmental Employees. not acted upon by the Senate or Assembly NYSSBA supports legislation that would expenditures for school safety personnel Codes Committee. set the allowable growth factor of the NYSSBA opposes any legislative or from tax levy limits. This bill did not move NYSSBA shall take a leadership role in real property tax cap at a minimum of 2 out of the Assembly Education Committee regulatory effort to grant tenure status to percent. (2017) non-instructional school employees. (2018) raising awareness and understanding of and did not have a Senate sponsor. the importance of all school districts’ NYSSBA opposes the property tax cap NYSSBA supports legislation that NYSSBA opposed S.5205-B/A.7624-B leaders in understanding and taking and calls for its repeal. (2017) would substantially increase the earning sponsored by Senator Gounardes and action to address disproportionality In January 2020 regulations were adopted limitations for retired police and other law Assemblyman Abbate. This bill would have in the education workforce and in by the state Department of Taxation and enforcement officers who are serving as established a disciplinary process for non- student outcomes as it relates to diverse Finance to implement changes to the school resource or safety officers. (2018) instructional employees requiring use of backgrounds. In carrying out this mission, an independent hearing officer and NYSSBA shall: property tax cap with regard to BOCES NYSSBA supported Chapter 589 of capital costs that have been long sought adherence to the decision of the hearing the Laws of 2019, which increased the officer in all disciplinary matters involving • Develop training focused on cultural by school districts. District costs related to amount a retiree was able to earn, without competency and diligently promote, BOCES capital projects are now part of the their civil service employees covered a waiver, in a position of public service by section 75 of the Civil Service Law. encourage and facilitate access to all tax cap’s “capital exclusion,” putting those from $30,000 to $35,000. school boards; costs outside of the tax cap, in the same way In addition, the district’s ability to put school district capital costs are counted. NYSSBA supported legislation to bolster the employee on unpaid leave would • Encourage school boards to invite safety and law enforcement personnel, be eliminated during pendency of a discussions with students, parents, This had been a major priority for including the following: disciplinary hearing. The bill was not acted staff and the board to develop district NYSSBA since the property tax cap upon by either the Senate Civil Service action plans that address staffing, was enacted. We have been fortunate S.795 (Lanza)/A.7109 (Fall) would have and Pensions Committee or the Assembly student outcomes and the school climate to work with great partners, including increased the amount of money a public Committee on Governmental Employees. in a manner that improves cultural NYSCOSS and the BOCES Consortium, in retiree could earn, without a waiver, if they competency, diversity and inclusivity; and advocating for this important reform. wished to return to a position of public NYSSBA LEADERSHIP service, to $50,000. The bill was not acted RESPONSIBILITIES • Take an active role in collaborating with NYSSBA supported S.936 (O’Mara), upon by either the Senate Civil Service other groups, including but not limited which would have changed the calculation and Pensions Committee or the Assembly NYSSBA supports appropriate changes to the New York State Board of Regents, of the tax base growth factor to include Committee on Governmental Employees. to state law, regulations and state policies NYSCOSS, SAANYS, NYSUT and the value of new properties exempted that encourage and incentivize New York other members of the Educational through PILOTs. This legislation was S.3455 (Biaggi)/A.2220 (Paulin) would State school districts to address the health Conference Board to encourage them not acted upon by the Senate Local have increased the annual earnings issue of sleep deprivation in teenagers by to jointly promote such training and Government Committee. limitation without waiver for retired implementing later school start times that conversations about their members and police officers employed as SROs to Legislation continues to be sponsored in are developmentally-appropriate for middle constituencies. (2018) $50,000. This bill did not move in either school and high school students. (2017) the Assembly that would prohibit negative the Assembly or Senate. NYSSBA hosted a four-day training tax caps, effectively creating a zero In direct response to this position symposium entitled, “Restorative Justice percent tax cap floor. The bill, A.6533 S.4521-A (Kaplan)/A.7849-A (Thiele) statement, NYSSBA’s Governmental Education: Using Restorative Justice (Lupardo), was not acted upon by the would have increased the annual earnings Relations Department produced a resource Practices to Support a Culture of Care Assembly Education Committee. limitation without waiver for retired police document addressing delayed school in Schools.” Additionally, NYSSBA is

New York State School Boards Association | www.nyssba.org 2020 Report to the Delegates RD 11 creating a 3-part webinar series for our Caucus of Black School Board Members, S.7212-A (Harckham) would have required NYSSBA shall produce and widely members on diversity and equity. the National School Boards Association all online sellers of smoking products to recommend the adoption of a sample require a recipient at the delivery address On the legislative front, NYSSBA (NSBA), the NYS Council of School board policy stating that members who Superintendents (NYSCOSS), Generation upon delivery. This bill was not acted upon have been newly elected to serve as supported proposals addressing the issue by the Senate Health Committee. of underrepresentation in the teaching Ready, The Education Trust - New York officers will participate in at least one workforce, including the following: and Leadership for Excellence and Equity S.7213-A (Harckham) would have accredited officer training. (2019) Initiatives, University of Pennsylvania. required that online purchasers of S.5808-A (Montgomery)/A.8355 (Arroyo) NYSSBA shall produce and widely Additionally, NYSSBA has partnered with smoking products digitally upload a recommend the adoption of a sample board would have established a task force on NYSCOSS’ Commission on Diversity and government-issued identification for educator diversity in New York State. These policy stating that all Board of Education Inclusivity which focuses its efforts on verification of age for online sales. This members will, each year, participate in bills were not acted upon by the Senate or racial equity. bill was not acted upon by the Senate Assembly Education Committees. at least one new training which has been NYSSBA’s sample Dignity for All Students Health Committee. approved by that Board. (2019) S.7635 (Liu) would have developed a Act (DASA) policy and sample regulation S.7898 (Sanders)/A.8746 (Fall) would have “grow your own” initiative for school NYSSBA developed optional language in address bullying prevention, including established a tobacco and vaping cessation its sample policy on Board training that districts to attract underrepresented the recommendation that school districts fund for research and programs to help candidates into the teaching profession. newly elected officers will participate follow SED’s social and emotional learning users quit. This bill was not acted upon by in at least one training aimed at Board This bill passed the Senate, but did not guidelines that encourage the development of the Senate Consumer Protection Committee have an Assembly sponsor. Officers and that every Board member empathy and tolerance of others. Our sample or the Assembly Health Committee. will participate in annual training. This 6 -DFNVRQ $ +\QGPDQ  regulation also promotes raising awareness policy was sent to all subscribers of the among adults, through training, of the NYSSBA supports legislation that would would have directed SED to convene increase the penalties against any business Policy Update Service in March 2020 and statewide and regional conventions school experiences of marginalized student published on page 3 of the Sept. 21, 2020 populations, social stigma in the school that sells vaping products to any person to bring together underrepresented who is underage or against an adult issue of On Board. educators annually to discuss experiences environment, gender norms in the school environment and strategies for disrupting purchasing vaping products for any person NYSSBA shall recommend appropriate and best practices. This bill passed the who is underage. (2019) Senate, but was not acted upon by the bullying or other forms of violence. parameters for social media and electronic communications between students and Assembly Education Committee. NYSSBA shall support legislative action NYSSBA supported provisions in the enacted budget that increased the school district employees. (2019). S.7647 (Persaud) would have established in the regulation of vapor products including consumption, manufacturing, penalties for the sale of vaping and NYSSBA maintains a sample policy the “underrepresented teachers of e-cigarette products to minors. tomorrow recruitment and retention distribution and advertisement. (2019) on sexual misconduct that outlines program.” This bill passed the Senate, but In addition, NYSSBA supported S.6766-A inappropriate behavior, including NYSSBA advocated for various electronic communication. did not have an Assembly sponsor. provisions that were eventually included (Bailey)/A.2763A (Fernandez), which would have prohibited the advertisement NYSSBA also supported a bill, S.8727 in the enacted budget related to vaping NYSSBA shall advocate for action regulations, including a prohibition on the of tobacco advertisements and smoking that recommends school districts to (Kaplan)/A.760-A (Rosenthal), that paraphernalia within 500 feet of schools. would have directed SED to conduct a sale and distribution of non-FDA-approved provide a professional development flavored vape products, restrictions on This bill was referred by the Senate Health program related to the ethical practices study regarding the assistance needed to Committee, but not acted upon by the encourage women and minorities to pursue advertisements near schools and the and protocols employees should follow forthcoming creation of an electronic Senate Rules Committee or the Assembly when using social media and electronic careers in science, technology, engineering Health Committee. and mathematics. The bill advanced to the cigarette and vaping prevention, awareness communications. (2019) Senate Rules Committee and the Assembly and control program. NYSSBA also supported a bill, S.8162 SED regulations govern professional Ways and Means Committee, but did not In addition, NYSSBA supported the (Kennedy), that would have required development on this issue, which provide reach the floor for a vote in either house. following: electronic cigarettes and e-liquid products for a Professional Learning Team to to be sold in separate specific locations NYSSBA shall take a leadership role in develop a Professional Learning Plan, S.3905-A (Rivera) would have included where only those 21 or older were which the Board approves. NYSSBA’s encouraging school boards to develop electronic cigarettes in the regulation of permitted to enter. This bill was not acted successful strategies for integrating professional development policy follows tobacco products. This bill was referred from upon by the Senate Health Committee. those SED guidelines. respect for differences into the educational the Senate Health Committee, but was not experience. In carrying out this mission, acted upon by the Senate Rules Committee. NYSSBA shall encourage school boards to: S.4249-A (Martinez)/A.6842-A Ensure that the importance of acceptance of (QJOHEULJKW would have prohibited TH ANNUAL PRE-CONVENTION others who are unique and different because the expansion of retail locations for of racial, ethnic, gender, sexual orientation, electronic cigarette stores and tobacco gender identity, disability status or religious businesses. This bill was not acted upon SCHOOL LAW SEMINAR differences is part of the curriculum. by the Senate Health Committee or the Invite discussion among students, parents, Assembly Health Committee. A LIVE TWO-HALF DAY VIRTUAL SEMINAR staff and the community about how hatred S.7050 (Liu)/A.9553 (Rosenthal) would | and bigotry based on race, ethnicity, have prohibited the sale of e-cigarettes OCTOBER 21 & 22 8:30 A.M. – NOON gender, sexual orientation, gender identity, that contain certain metals found to be disability status and religion endanger toxic. This legislation was not acted upon the pluralistic and diversity principles for by the Senate Health Committee or the which this nation stands. Assembly Health Committee. Don’t miss this year’s program which highlights lessons Involve students, parents, staff and the S.7068 (Kaminsky)/A.8911-B (Dinowitz) community in developing and supporting would have prohibited the sale of flavored learned from the ongoing COVID-19 experience and educational practices which invite smokeless tobacco products within 500 feet understanding and acceptance of others’ of a school. This bill was not acted upon differences and which aim to eradicate by the Senate Health Committee or the other issues that affect your school district on a daily basis, hatred and bigotry. (2019) Assembly Health Committee. including: NYSSBA is engaged in a number of 6 0D\HU $ *UL৽Q would initiatives to address racial and gender have required SED and the state DOH inequities in education. NYSSBA serves on to develop standardized vaping and • The impact of COVID-19 on state level education policy-making the National School Boards Association’s e-cigarette guidelines to assist school • Evaluating educators who provide remote instruction Dismantling Institutional Racism in districts when they are developing their own Education (DIRE) Committee. The goal guidelines. This bill was referred by the • Providing services remotely to students with disabilities of this initiative is to end the institutional, Senate Education Committee but was never structural, and systemic racism that is acted upon by the Senate Rules Committee • Collective bargaining issues and trends ingrained in the history of our country and or the Assembly Education Committee. in our public education system. • New legal obligations NYSSBA also supported a number NYSSBA staff has also served on the Board of bills seeking to regulate and limit EARN 7 CLE CREDITS of Directors for the NYS Association of the advertisement of vapor products, Women in Administration (NYSAWA). including the following: Approximately 10 years ago, NYSSBA S.6055 (Brooks)/A.8656 (D’Urso) would Co-hosted by worked with the Caucus of Black School have prohibited advertisements of tobacco Board Members to implement a diversity or smoking paraphernalia within 1,000 strand in the Convention program, feet of schools. This bill was not acted which still exists today. The Caucus upon by either the Senate or Assembly is represented on NYSSBA’s Board of Health Committee. Directors and Resolutions Committee. S.6073 (Brooks)/A.8631 (D’Urso) would In 2018 and 2019, NYSSBA held Equity have regulated the sale of online vaping Summits together with the Urban Education products and required proof of identification. For agenda and to register visit convention.nyssba.org Leaders Collaborative. The Summit had This bill was not acted upon by either the been organized in cooperation with the NYS Senate or Assembly Health Committee. Follow #NYSSBA20 for convention updates.

New York State School Boards Association | www.nyssba.org RD 12 Report to the Delegates 2020

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NYSSBA-2020_Half-page-Vert_4.875x13.16.indd 1 7/8/20 2:26 PM New York State School Boards Association | www.nyssba.org October 12, 2020 ISSUES IN EDUCATION On Board • 7 Texting tips program for parents shows promise for early grades to Susanna Loeb, director of the Annenberg By Gayle Simidian Institute at Brown University. She was RESEARCH ANALYST formerly a professor at Stanford University, where the texting program began. At Can the cellphones of parents Stanford, she was the founding director of of young children become tools that the Center for Education Policy Analysis. encourage school readiness? That’s the Tips by Text for middle school parents idea behind “Tips by Text,” a program has been created and future plans include that has resulted learning improvements “a program for 0-3 year-olds,” according to among lower-income preschoolers in Loeb. “We are trying to work with health California and is being studied as a way clinics to implement the program, given that schools can enlist the aid of parents that school systems only rarely see children all the way through middle school. before age 3 or 4,” Loeb said. “We’d like to Parents who sign up to participate develop ‘Kinder Ready’ clinics that provide receive texts that encourage them to have this and other educational supports for specific interactions with their children. parents of young children.” For instance, a preschool parent who signs For preschoolers, researchers tried up for the program might receive a text to determine what kind of content works that says: “When you are bathing your best in a three texts per week format. child, point out the letters on shampoo For instance, one group of parents of bottles. Ask your child to name them and Can school texting convert cellphones from devices that distract parents from children to sources of ideas for San Francisco kindergarteners was sent tell you the sounds they make.” connection? Research says yes. text that included data on their own Parents get three texts per school child’s growth along an achievement week covering math, literacy or socio- is relevant to their child’s learning. The had lower baseline competencies than scale. Including that kind of personalized emotional learning. The first text sent each second delivers a specific tip or suggestion their higher performing classmates, information seemed effective; children in week offers parents a fact about the given for a task to cultivate a given skill and/ according to parent and educator surveys that group “were 63 percent more likely subject matter to emphasize why the topic or competence. The last text each week and literacy assessment scores. to read at a higher level than those in the suggests a reinforcing task with positive Schools have implemented the Tips generic group,” according to researchers. messaging to strengthen a competence. by Text program in six states – California, Offering texts in a parent’s native Research has found that Tips by Florida, Texas, Pennsylvania, Wisconsin language, in addition to English, can Text has resulted in increased parental and Nevada. University researchers reduce drop offs in parental participation, involvement and subsequent learning are also testing this texting program in according to the research. So far, Tips improvements in lower-income the United Kingdom, China, Denmark, by Text has been offered in multiple preschoolers in the San Francisco Singapore and the Phillippines. languages including Spanish, Chinese and Unified School District over a two- A texting program such as Tips by Vietnamese. year period from 2013-14 and 2015- Text can be a better way to reach parents Watch a video on the program here: 16. The program also improved the than models that rely on parents visiting https://www.annenberginstitute.org/ literacy skills of preschoolers who schools for meetings or events, according projects/tipsbytext/overview. Research Briefs Vaping teens at higher risk for COVID-19 41% of high poverty schools opt Poll explores parental frustration for remote instruction with remote learning last spring Forty-one percent of school districts identified Most primary school students – 64% – in the top poverty quartile are opting for remote had experience using videoconferencing to instruction, according to a nationally representative connect with teachers last spring and 79% had sample of reopening plans in 477 school districts. some kind of experience with online learning, The study, conducted during the third week according to a survey of 1,000 American adults in of August, showed that about half (49%) of all mid-April. districts sampled had in-person learning plans Most parents reported that they had difficulty and a quarter (26%) had plans to begin the year keeping their children focused on schoolwork (62% for Vaping is linked to a substantially increased risk virtually. kindergarteners and 58% for elementary schoolers). of COVID-19 among teenagers and young adults, Districts in New York State were required to The survey was commissioned by Instructure, according to a new study led by researchers at the prepare plans for in-person, virtual and hybrid learning. the company that owns the learning management Stanford University School of Medicine. Nationally, less than half the sample offered plans for system Canvas. The research found that those who vaped were five all three. The company notes that “according to child to seven times more likely to be infected than those Most rural school districts (65 percent) had plans psychologists, children can typically focus on a who did not use e-cigarettes. to start school with in-person instruction, compared task for two to five minutes per year of life (for “Teens and young adults need to know that if you with one-quarter of suburban districts and less than 10 example, 16-40 minutes for an eight-year-old). use e-cigarettes, you are likely at immediate risk of percent of urban districts. Younger kids need shorter instructions and work COVID-19 because you are damaging your lungs,” said The review was conducted by the Center on periods.” the study’s senior author, Bonnie Halpern-Felsher, a Reinventing Public Education, a non-partisan “Everyone needs built-in breaks,” according to the professor of pediatrics. research organization that began at the University of company. The study was published online Aug. 11 in the Washington. To read more about the survey findings and tips Journal of Adolescent Health. For more information, To learn more, go to bit.ly/3kFOwPS. from Canvas on implementation of videoconferencing, go to https://stan.md/3i1baQY. - Gayle Simidian, Research Analyst go to bit.ly/2FIsc9K. Source: med.stanford.edu - Gayle Simidian, Research Analyst

New York State School Boards Association | www.nyssba.org 8 • On Board LEGAL AGENDA October 12, 2020

FBAs do not trigger right DOE issues new Q&A on special education to eval at district expense By Pilar Sokol psycho-educational issues and central auditory DEPUTY GENERAL COUNSEL By Pilar Sokol processing disorder. DEPUTY GENERAL COUNSEL A hearing officer concluded an FBA was covered Special education and related services to by the right to an IEE at public expense but denied the children with disabilities during the pandemic In a case of first impression, a federal appellate request for a publicly funded IEE covering the non-FBA remain a challenge for school districts this fall. court with jurisdiction over New York ruled that the evaluations because they fell outside the scope of what U.S. Department of Education issued a new Q&A right of parents to obtain an independent educational an FBA measures. A federal district court affirmed the document at the end of September. Consistent evaluation (IEE) at public expense under the Individuals hearing officer’s decision, and further determined the with guidance issued earlier this year, the Q&A with Disabilities Education Act (IDEA) does not cover request for an IEE of the non-FBA assessments was acknowledges that changing conditions in the a functional behavioral assessment (FBA). untimely under the IDEA. current COVID-19 environment might require An FBA is a targeted assessment of the root According to the U.S. Court of Appeals for school officials to consider multiple options for causes and functions of a student’s behavior and the Second Circuit, the term evaluation under the delivering instruction, including remote/distance its impact on the student’s ability to learn, with IDEA refers to statutorily mandated initial evaluations instruction and in-person attendance, or a hybrid. the goal of identifying strategies for managing and reevaluations conducted by districts to determine For instance, districts may make use of the behavior and improving the student’s overall a student’s eligibility for services and the services alternate methods such as online instruction or learning experience. An IEE is an independent to be provided to address an eligible student’s videoconferencing. educational evaluation conducted by a qualified unique educational needs. Both are comprised of a Recognizing that some schools may have been examiner who is not employed by the district, and comprehensive assessment of a student through the unable to provide extended school year (ESY) that parents can obtain in addition to evaluations use of a variety of assessment tools and strategies services this past summer, the Q&A suggests that conducted by a school district. Parents pay for the that gather functional, developmental, and academic districts consider providing such services during cost of an IEE, except that they may obtain such information. “An FBA, standing alone, is neither.” It the normal school year, school breaks or vacations. an evaluation at district expense if they disagree does not comprehensively assess a student’s disability ESY services consist of special education and related with a district’s evaluation and the district fails to or all areas of suspected disability; it looks only at a services provided during the summer months beyond establish the appropriateness of its evaluation at a student’s behavior. the normal school year, to help prevent substantial due process hearing. Also as a matter of first impression, the Second regression before the start of the new school year. In D.S. v. Trumbull Board of Education, a student Circuit determined the timeframe within which parents The Q&A does not have the force and effect of had behavior that significantly interfered with his can disagree with an evaluation and request an IEE at law, however. Districts should continue to consult academic progress and had been the subject of three public expense “depends on how frequently the child with their school attorney about potential legal prior FBAs. His parents challenged the adequacy of is evaluated.” For example, a parent can disagree with issues related to the education of children with the district’s evaluations and requested that the district a triennial reevaluation within that evaluation’s three- disabilities in a COVID-19 environment, including pay for an independent FBA as well as independent year timeframe. use of a remote or hybrid delivery model. The full assessments for speech and language, occupational Districts should consult with their school attorneys Q&A is available at: https://bit.ly/3jl3muW. therapy, physical therapy, assistive technology, regarding the full implications of this decision.

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New York State School Boards Association | www.nyssba.org October 12, 2020 LEGAL AGENDA On Board • 9 Protecting student privacy in an online classroom

By the New York State of any individual student. Thus, unless Association of School Attorneys the recording of the class included an activity or event focused solely on an individual student, such as a significant For many school districts in New student presentation or an emergency, York, the return to the classroom this the video should not be considered September has not just marked the start an “educational record” pursuant to of a new school year, but a whole new FERPA. Again, school districts should way of going to school. The near- consult their attorney regarding specific ubiquitous use of cameras to deliver two- circumstances. way, online instruction has pushed to the So, your district’s teaching staff forefront a host of legal considerations generally should be able to share that were previously almost non-existent, classroom recordings with their students including the issue of student privacy. can the school lawfully post or share those video. The general rule is that a photo or who are enrolled in their class. However, With cameras recording students’ records without the parent or eligible video of a student is considered part of in the age of social media, staff should performance and progress, what, if student’s consent? that student’s educational record where be advised to refrain from posting videos anything, is protected? In some cases, the answer under the photo or video is “directly related focused solely on an individual students Let’s review the basics of the relevant FERPA will be fairly obvious under rules to a student” and “maintained by an or a recording that captures a significant law. As was true prior to the pandemic, that should be familiar to school officials. educational agency or institution or by a event such as a health emergency, illegal the Family Educational Rights and For instance, although student names party acting for the agency or institution” act or violation of school rules that may Privacy Act (FERPA) governs the extent are personally identifiable information, (34 CFR section 99.3). result in discipline. Staff members to which personally identifiable student FERPA permits school districts to Unfortunately, there is no clear should also be reminded to familiarize information contained in student records disclose a student’s name, identifier or definition of what “directly related” themselves with the employer’s acceptable is private and confidential. institutional email address in the course to a student means. However, the U.S. use policy for technology, or other policies Under FERPA, a school district of conducting a class in which the student Department of Education’s Student or regulations that might relate to the use may not disclose personally identifiable is enrolled. This is true even where a Privacy Policy Office has provided several of social media. information from a student’s educational parent has otherwise opted out of the examples in which a video of a student Staff should also not disclose other records to a third-party, including disclosure of “directory information”, e.g., would be considered directly related to personally identifiable information from other students, without the consent of information contained in the educational that student, and thus an educational educational records, such as grades the student’s parents or the “eligible” records of a student that would not record: or accommodations, to other students student (i.e., a student over 18), unless generally be considered harmful or an • When the student is intended to be in the class without first obtaining the an exception applies (34 CFR section invasion of privacy if disclosed (see 34 the focus of the video (e.g., a student consent of a parent or eligible student, 99.30). CFR section 99.3 and section 99.37[c][1]). presentation). as such a disclosure would constitute Personally identifiable information Therefore, students’ names may appear • When the video will be used for a FERPA violation. This rule applies generally includes student names and underneath their images in the screen of a disciplinary or other “official to both in-person or online classes, images. If an online session is not an online class without raising privacy purposes,” e.g., where a video records irrespective of whether the class is recorded, no educational record is created concerns. a student violating a rule or law, or recorded. Finally, as a best practice, that would be covered by FERPA. Answering other questions about being attacked. teachers should instruct students with But what if the session is recorded? student privacy that involve recordings of • When the video records a student whom classroom recordings are shared Presumably, these videos would include online classes may involve a call to your getting injured, becoming ill or that such recordings are intended for the images of individual students and school attorney, because the determination suffering a health emergency. their educational use only and should perhaps captions with their full names, of whether a video is a student record is • When the student’s personally not to be further disclosed or posted as well. Would such a video recording generally made on a case-by-case basis, identifiable information from his/ elsewhere. New questions involving qualify as educational records? And, if so, according to the particular context of the her educational records are visible student privacy may arise because an or discussed. However, a student’s online classroom is simultaneously both incidental appearance in a video, e.g., an educational environment and a home as part of the background, generally environment. For instance, suppose a will not render such video an parent takes a photo of a child doing educational record for that student. schoolwork via a teleconferencing and (For more information on where a posts it on social media. If the photo recording is “directly related” to a student, captures the student’s screen, it might see bit.ly/2GmFGaM). clearly show the names and faces of A recording of a classroom children in the class. This would not session in which the teacher is shown appear to violate FERPA, but it is an providing instruction is unlikely to be untested legal question. considered an educational record of When questions arise involving the students in the class, absent special student privacy and recordings of online circumstances. What is less clear is classes, school officials should not hesitate under what conditions a recording of a to contact their school attorneys. class in which students answer questions or participate in discussions become an Members of the educational record. New York State However, the text of U.S. Association of School Department of Education’s Student Attorneys represent school boards and school Privacy Policy Office guidance suggests districts. This article that only a major event, such as an injury, was written by Gregory Tammy Wiedrich, a sixth grade science teacher in Batavia Middle School, leads an online lesson. illness, or illegal act, would transform A. Gillen of Guercio & E Photo courtesy of the Batavia Central School District the recording into an educational record Gillen Guercio, LLP.

New York State School Boards Association | www.nyssba.org 10 • On Board October 12, 2020

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New York State School Boards Association | www.nyssba.org October 12, 2020 LEADERSHIP DEVELOPMENT On Board • 11 Why your school community needs a yearly State of the District Address a growing number of districts are finding an update of the district’s progress on Budgetary orientation. Don’t let By Mark Snyder that this is a tool to put things in context its long-term initiatives. Odds are that this suck all the air out of the room, LEADERSHIP DEVELOPMENT MANAGER and build pride. your district has so many initiatives, but a quick discussion of the district’s The format of the presentation will it’s easy to lose track. Perhaps your budgetary picture can prepare the One of the most important and vary depending on the preferences of the district has been working on being more board and the community for the year difficult responsibilities of a board of superintendent and the board. NYSSBA’s trauma sensitive. Maybe the Code of ahead. This year, in particular, is full of education is monitoring the progress of Department of Leadership Development Conduct is under review. There may be uncertainty. Everyone should be aware of the district as it strives to achieve goals recommends that the curricular initiatives as the known unknowns. and realize its vision and mission. A following information be well as important forms Other areas that could be highlighted superintendent can overwhelm a board included: of facilities maintenance include advocacy, alumni, athletics, with data – or starve it. The ideal is a Notable successes. and upkeep. awards, buildings and grounds, food steady, and well-organized stream of If you want a positive Community service, technology, etc. Topics will vary information that is relevant to the strategic culture in your district, partnerships and by district. plan of the school district. encourage your outreach. Many boards A State of the District address One thing that can help is doing what superintendent to brag, of education and districts could occur at a regular board meeting the late author Steve Covey recommended: boast, gloat, and gush over have worked to be more or it could be a special event. For the Begin with the end in mind. Consider what was accomplished active in their communities latter, hold it in a large auditorium or asking your superintendent to deliver an in the prior school year. Recognizing and develop partnerships with their gymnasium, and invite students, staff, annual State of the District Address. accomplishments is energizing for all local civic organizations, businesses and media, special guests and community Just like the president’s State of concerned. government agencies. The superintendent groups to attend. Be sure to invite your the Union address, or the governor’s The district’s vision, mission, goals could provide an update on this progress NYSSBA area director! State of the State address, a State of the and values. These are the statements that and also share information about how the Overall, the State of the District District presentation is an opportunity indicate who you are as a district and district is working to engage more parents address should inspire pride and for the executive to provide an orienting what you strive to be. Reiterating them and community members in the education optimism. No matter what challenges update to a governing board as well as during this presentation is important and well-being of its students. confront your board and your stakeholders. It can be both a quantitative because they should lay the foundation Metrics. Break out the colorful district, there are probably lots of and qualitative look at the district. for all of the work that has been and will graphs to orient listeners to important accomplishments to celebrate and Never heard of a State of the District be done in the district. trends in the district regarding opportunities to get excited about. Invite address? That’s understandable, because District initiatives. The State of the enrollment, academics, parental opinion, your superintendent to consider delivering it is not required by any law or regulation, District address is an opportune time to etc. This is a good time to release new a State of the District address as an and it is far from a universal practice. But provide the board and stakeholders with polling data. annual event.

Virtual Custom Board Retreats

We’re here and Maintaining Unity we’re ready to help. in a Time of Crisis As your local community responds to COVID - 19, NYSSBA’s experts are available to answer any questions you may have about running effective remote meetings, maintaining board unity in time of crisis or establishing best practices for community outreach.

For more information on a virtual Custom Board Retreat, call 1-800-342-3360 or visit www.nyssba.org/cbr.

New York State School Boards Association | www.nyssba.org 12 • On Board October 12, 2020

top Reasons to Attend NYSSBA’s Virtual TEN Annual Convention & Education Expo

A Keynote presentation taking you on a journey of inspiration, dedication and determination that you won’t want to miss

44 Educational Sessions – With a front row seat at each one

Session topics covering top of mind issues: COVID-19 fi nancial implications and employment related issues, equity, staff diversity, cultural awareness, student mental health, school safety and the latest updates on school law

All sessions are recorded for on-demand viewing 48 hours after the live presentation – You won’t miss a session

Pre-Convention Communications Workshop – How do you best communicate about risk?

Pre-Convention School Law Seminar – Highlighting lessons learned from the ongoing COVID-19 experience

Networking opportunities with your colleagues – Enjoy sharing your vision of education

An interactive Education Expo offering countless ways to save money, improve effi ciencies and enhance district programs

Convention Finale – School Board Meeting: The Musical – An encore presentation

Convention platform is available until December 31, 2020 – A chance for a second look

THIS WON’T BE YOUR TYPICAL ZOOM MEETING!

You’ll get ideas and solutions for the pandemic-related challenges your school district faces - all delivered safely and virtually on a user-friendly platform.

Register today at convention.nyssba.org Follow along with #NYSSBA20!

New York State School Boards Association | www.nyssba.org