NYSED ARP ESSER State Plan
Summary
American Rescue Plan Elementary and Secondary School Emergency Relief (ARP ESSER) State Plan of the New York State Education Department, submitted June 7, 2021 and revised June 30, 2021 and July 13, 2021, PR Award Number S425U210022. The contact and signer is Phyllis D. Morris, Chief Financial Officer. Section A describes the state's current status and needs, including priorities, underserved students, the impact of the COVID-19 pandemic and school operating status. Section B covers safely reopening schools, including prevention and mitigation policies in line with CDC guidance, school facilities, consultation with health officials and continuity of services. The plan closes with endnotes citing sources such as SAMHSA Project AWARE and NYSED UPK Expansion Funding.
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Cite this document
“NYSED ARP ESSER State Plan.”
Original at www.nysed.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/nysed-arp-esser-state-plan-86529c2ce9/
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NEW YORK STATE EDUCATION DEPARTMENT
AMERICAN RESCUE PLAN (ARP)
ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF (ESSER)
STATE PLAN
SUBMITTED JUNE 7, 2021
FIRST REVISION JUNE 30, 2021
SECOND REVISION JULY 13, 2021
Grantee and Contact Information
ARP ESSER PR Award Number: S425U210022
SEA Contact:
Phyllis Morris, Chief Financial Officer, New York State Education Department
Telephone: (518) 474-5837
Email address: Phyllis.Morris@nysed.gov
By signing this document, I agree to each of the assurances listed in USDOE Appendix C and further assure
that: To the best of my knowledge and belief, all information and data included in this plan are true and
correct.
Chief State School Officer or Authorized Representative (Printed Name)
Phyllis D. Morris
Signature of Authorized SEA Representative Initial Submission Date:
June 7, 2021
Revised Submission Date:
July 13, 2021
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Table of Contents
Grantee and Contact Information............................................................................................................. 1
A. DESCRIBE THE STATE’S CURRENT STATUS AND NEEDS ............................................................................ 5
A.1. Progress and Promising Practices ...................................................................................................... 5
A.2 Overall Priorities ............................................................................................................................... 10
A.3 Identify the Needs of Underserved Students ................................................................................... 17
A.4 Understanding the Impact of the COVID-19 Pandemic .................................................................... 22
A.5 School Operating Status ................................................................................................................... 25
A.5.i - Data Collection on School Operating Status (SY2020-2021) .................................................... 25
A.5.ii - Plan for Collecting Future Data ................................................................................................ 26
A.5.iii Planned Operational Status and Mode of Instruction for Summer 2021 and the 2021-2022
School Year.......................................................................................................................................... 27
B. SAFELY REOPENING SCHOOLS AND SUSTAINING THEIR SAFE OPERATIONS .......................................... 28
B.1 Support for LEAs ............................................................................................................................... 28
B.1.i – Implementation of Prevention and Mitigation Policies in line with Centers for Disease
Control and Prevention (CDC) Guidance............................................................................................. 28
B.1.ii – Reopening and Operation of School Facilities ........................................................................ 29
B.1.iii – Consultation with Federal, State, and Local Health Officials ................................................. 32
B.1.iv – Guidance, Professional Learning and Technical Assistance to LEAs ...................................... 32
B.2 Safe Return to In-Person Instruction and Continuity of Services ..................................................... 34
B.2.i.- Ensuing each LEA plan includes, or will be modified to include, the extent to which it has
adopted policies and description of any such policies on each of the strategies listed in table 4 ..... 34
B.2.ii.- Ensuring continuity of learning ................................................................................................ 34
B.2.iii.- SEA review of LEA plans .......................................................................................................... 35
B.2.iv - LEA implementation of the most up-to-date CDC guidance listed in table 4 ......................... 35
C. PLANNING FOR THE USE AND COORDINATION OF ARP ESSER FUNDS .................................................. 36
C.1 SEA Consultation ............................................................................................................................... 36
C.2 - Coordinating Funds ......................................................................................................................... 42
C.2.i – Use of Federal COVID-19 Funding ............................................................................................ 42
C.2.ii – ESSER I and ESSER II Funds Awarded/Available to LEAs ......................................................... 43
C.2.iii – Use of Other Federal Funding ................................................................................................ 44
D. MAXIMIZING STATE-LEVEL FUNDS TO SUPPORT STUDENTS.................................................................. 48
D.1 - Academic Impact of Lost Instructional Time .................................................................................. 48
D.1.i – Evidence-Based Interventions and Ongoing Evaluation .......................................................... 48
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D.1.ii – Differentiated and Targeted Interventions through MTSS-I................................................... 50
D.1.iii – Identifying Most Vulnerable Students ................................................................................... 51
D.2 – Evidence-Based Summer Learning and Enrichment Programs ..................................................... 51
D.3 – Evidence-Based Comprehensive Afterschool Programs................................................................ 52
D.4 Emergency Needs ............................................................................................................................. 53
E. SUPPORTING LEAs IN PLANNING FOR AND MEETING STUDENTS’ NEEDS.............................................. 55
E.1 - LEA Plans for the Use of ARP ESSER Funds ..................................................................................... 55
E.2 - LEA Consultation ............................................................................................................................. 56
E.3 – Support and Monitoring of LEA use of ARP ESSER Funds .............................................................. 56
E.3.i – SEA Support and Monitoring of LEA Implementation of Evidence-Based Interventions......... 56
E.3.ii – SEA Support and Monitoring of LEA Addressing the Needs of Vulnerable Students.............. 57
E.3.iii – SEA Support and Monitoring of LEA Addressing Students Experiencing the Impact of Lost
Instructional Time ............................................................................................................................... 57
E.4.i – Allocating funding based on student need .............................................................................. 57
E.4.ii – Equitable and Inclusive Return to Instruction ......................................................................... 57
F. SUPPORTING THE EDUCATOR WORKFORCE ........................................................................................... 59
F.1 – Supporting and Stabilizing the Educator Workforce ...................................................................... 59
F.1.i - Shortages of Educators in NYS .................................................................................................. 59
F.1.ii – Assisting LEAs to Identify Most Urgent Area of Shortages...................................................... 59
F.1.iii – Actions to Fill Gaps in the Teacher Workforce, Expand the Educator Pipeline, and Promote
Educator Diversity ............................................................................................................................... 60
F.2 - Staffing to Support Student Needs ................................................................................................. 62
G. MONITORING AND MEASURING PROGRESS .......................................................................................... 63
G.1 - Capacity for Data Collection and Reporting ................................................................................... 63
G.2 - Monitoring and Internal Controls................................................................................................... 64
APPENDIX A – NYS SCHOOL REOPENING GUIDANCE.................................................................................. 68
APPENDIX B – NYS DEPARTMENT OF HEALTH INTERIM COVID-19 GUIDANCE FOR SCHOOLS .................... 1
APPENDIX C – NYSED INSTRUCTIONAL MODE AND ATTENDANCE REPORTING MEMO ............................ 32
APPENDIX D – INFORMATION FOR LEAS ON FEDERALLY REQUIRED PLANS FOR ARP ESSER FUNDS ......... 41
APPENDIX E – LIST OF THOUGHTEXCHANGE PUBLIC ENGAGEMENT STAKEHOLDERS ............................... 45
APPENDIX F - ARP ESSER STAKEHOLDER FEEDBACK GATHERED VIA THOUGHTEXCHANGE ...................... 47
USDOE Template Appendix A: School Operating Status and Instructional Mode Data ............................. 49
USDOE Template Appendix B: Reporting Language Included in the Grant Award Notification (“GAN”)... 50
USDOE Template Appendix C: Assurances ................................................................................................. 51
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General Education Provisions Act (GEPA) Statement ................................................................................. 53
4
A. DESCRIBE THE STATE’S CURRENT STATUS AND NEEDS
The American Rescue Plan Elementary and Secondary School Emergency Relief (ARP ESSER)
Fund, authorized under the American Rescue Plan (ARP) Act of 2021, will provide nearly $9
billion to New York State to help safely return more of our students to in-person learning and
maintain safe operations while meeting the academic, social, emotional, and mental health
needs of students resulting from the Coronavirus 2019 (COVID-19) pandemic. Moreover, these
funds will help to address long-standing inequities in our communities and schools that were
exacerbated by the pandemic so that we can ensure the students most severely affected by the
pandemic are provided with the resources and support they need as they recover from its
impacts. 1
New York State’s K-12 public education system is the third largest system in the United States
and includes the largest, most culturally diverse city in the country. 2 The New York State
Education Department (NYSED) oversees more than 1,000 local education agencies (LEAs) that
collectively serve some 2.5 million students in 4,421 public schools. NYSED is committed to
working in partnership with its LEAs so that these unprecedented resources are put to work
using effective research and evidence-based strategies. Many of these strategies are already
being deployed in New York State and across the country to ensure the rapid implementation
necessary to start ameliorating the effects of the pandemic as quickly as possible. This
document is intended to share NYSED’s overall plan for the use of ARP ESSER funds with the
public and the United States Department of Education (USDOE).
A.1. Progress and Promising Practices
Background: School Reopening for In-Person Instruction from March 2020 - Present
When the impact of the COVID-19 pandemic first reached New York State in the spring of 2020,
New York State’s educators took on the extraordinary challenge of quickly shifting teaching into
remote formats to promote student learning. Both public and private school buildings remained
closed throughout the remainder of the 2019-2020 school year. Our educational leaders spent
the summer of 2020 developing reopening plans for the 2020-2021 school year to address
myriad and complex challenges, including but not limited to: catching up on months of lost in-
person instruction; addressing students’ social emotional needs; ensuring all students can
participate equitably in remote and/or hybrid learning; and planning for safe in-person
instruction. The 2020-2021 school year was NYSED’s opportunity to recover, rebuild, and renew
the spirit of New York’s schools by collaborating with educators, students, families, and
communities to address this challenge with resiliency, tenacity, and grit.
To support planning, NYSED developed and distributed a framework to help guide schools and
districts—Recovering, Rebuilding, and Renewing: The Spirit of New York’s Schools (distributed
July 13, 2020, see Appendix A). The guide was informed by input gained from the field during
four regional task force meetings and one youth forum that were virtually convened by the
5
New York State Board of Regents (“BoR” or “Board”) in June 2020. Each regional meeting
included more than 350 experts and stakeholders from health and education fields. In all, more
than 1,650 parents/guardians, students, teachers, administrators, school board members, and
other stakeholders attended and provided valuable feedback. To ensure that students’ voices
were represented in the guidance, NYSED held a virtual Youth Forum on June 23, 2020 that was
attended by over 100 students from across the state.
NYSED integrated this community input with information from federal and state agencies to
provide schools and districts with guidance on the following key aspects to be addressed in
reopening school buildings in a safe and supportive manner for the 2020-2021 school year:
• Health and Safety;
• Facilities;
• Nutrition;
• Transportation;
• Social Emotional Well-being;
• School Schedules;
• Budget and Finances;
• Attendance and Chronic Absenteeism;
• Technology and Connectivity;
• Teaching and Learning;
• Special Education;
• Bilingual Education and World Languages; and
• Staffing and Human Resources.
LEAs then used the Recovering, Rebuilding, and Renewing: The Spirit of New York’s Schools
resource to support schools in developing reopening plans. The requirement to develop
reopening plans was mandated by the New York State (NYS) Governor, NYS Department of
Health (DOH), and NYSED and was communicated to LEAs on July 13, 2020. 3 This required LEAs
to post their re-opening plans on their public websites by July 31, 2020 to ensure that students
and families could prepare for fall 2020. LEAs also submitted critical information about the
building reopening plans through NYSED’s Monitoring and Vendor Reporting System (“the
Portal”). NYSED used this data as baseline information for monitoring progress throughout the
2020-2021 school year. Based on this data, NYS schools planned for the following instructional
modes during the 2020-2021 school year: remote or online only, hybrid, or fully in-person. See
table 1 for data on the prevalence of instructional modes across LEAs in New York.
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Table 1. New York State Instructional Modes 2020-2021 School Year
All Students
Based on Basic Educational Data System (BEDS) Day Enrollment (October 7, 2020)
Offered to all
Reopening Mode Number of Schools Number of Students students attending
the schools?
Remote or online only 664 372,999 Y
Hybrid - school buildings
open with both
3,293 1,813,434 Y
remote/online and in-
person instruction
Fully In-Person – school
buildings open with full-
453 174,597 Y
time in-person
instruction
When disaggregated by subgroups, NYSED recognizes several significant disparities in terms of
instructional modes (Table 2). While 7% of students statewide had access to fully in-person
learning, many more white students (13%) had in-person access than Black/African American
(1%), American Indian (2%) or Latinx/Hispanic (3%). Similarly, while 7% of all students statewide
had access to fully in-person learning, only 3% of English language learners had such access. The
trend continues for economically disadvantaged students; only 4% had access to fully in-person
learning. Additionally, a higher percentage of students with disabilities (SWDs) experienced
hybrid learning (80% SWD compared to 77% of all students statewide).
Table 2. New York State Instructional Modes 2020-2021 School Year
Percentage Served by Subgroup
Based on BEDS Day Enrollment (October 7, 2020)
Student Group % Hybrid % In-Person % Remote
All Students 77% 7% 16%
Economically Disadvantaged 81% 4% 15%
Black/African American 78% 1% 20%
Latinx/Hispanic 83% 3% 14%
Asian/Pacific Islander 86% 6% 8%
White 70% 13% 17%
Multiracial 70% 9% 21%
American Indian 85% 2% 13%
English Language Learners 83% 3% 14%
Students with Disabilities 80% 6% 14%
NYSED issued a memorandum on December 1, 2020 to all LEAs regarding the provision,
recording, and reporting of both fully in-person and remote instruction pursuant to the
reopening plans required of school districts, Boards of Cooperative Educational Services
(BOCES), and charter schools (see Appendix C). LEAs could update their report of instructional
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mode to NYSED throughout the year and were required to do so when they closed a school
building and when they subsequently reopened it. NYSED will continue to collect this data
through at least the fall of 2021.
Promising Practices from the 2020-2021 School Year
In July 2020, the USDOE announced that New York was awarded almost $20 million under the
federal Rethink K-12 Education Models Grant.4 This grant is providing more than 190,000
teachers and educational leaders across New York State with a combined 450,000 hours of
professional support to implement effective practices in remote/hybrid learning environments
which, in turn, will reach an estimated two million students. During the first phase of the grant
program, NYSED provided a rapid infusion of professional support into the field with an
emphasis on supporting educators in the 25 counties hardest-hit by COVID-19.5 The support
focused on six “core competencies” for remote/hybrid instruction:
1. Shifting to Teaching Online;
2. Engaging Families as Partners in Remote/Hybrid Learning Environments;
3. Meeting the needs of Students with Disabilities through Remote/Hybrid Learning
Environments;
4. Meeting the needs of English Language Learners (ELLs) through Remote/Hybrid Learning
Environments;
5. Integrating Culturally Responsive and Sustaining Education (CRSE) in Remote Learning
Environments; and
6. Integrating Social Emotional Learning (SEL) in Remote Learning Environments.
NYSED’s 14 Level 1 Centers 6 (12 Regional Information Centers, the phase 1 work as outlined
below: New York City Department of Education, and the Yonkers City School District) facilitated
this first phase of intensive professional development. NYSED also contracted with SUNY Stony
Brook’s Center for Teaching and Learning in Community (CTLC) to conduct an ongoing
evaluation of
• Program evaluation and improvement – Through surveys, focus groups, and interviews,
CTLC is gathering data from various groups of stakeholders to inform the grant program
and better serve educators and students; and
• Action research – CTLC is facilitating professional learning communities to address
problems of practice that will lead to the creation of a Quality Remote/Hybrid Teaching
Framework and related professional development for educators in New York State.
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CTLC will issue a report on phase 1 work in fall 2021 but preliminary findings from the action
research component identify several promising practices developed and implemented during
the pandemic:
1. Flexible Scheduling and Use of Facilities – Schools utilizing hybrid instructional modes
accommodated social distancing requirements (6 feet and later in the school year, 3
feet) by splitting students into cohorts that cycled through in-person and remote
instructional periods (typically a period of 2-3 days). Gyms were turned into learning
labs, hallways and stairwells used one-way traffic flows, and live streaming of instruction
across multiple classrooms allowed remote students to experience shared group
instruction followed up by in-person individualized instructional support;
2. Virtual Extended Day Programs – Many schools partnered with community-based
organizations to provide students with enrichment and academic support programs.
Typical activities included one-on-one tutoring via Zoom or Google Meets, virtual peer
mentoring, virtual clubs based on shared web applications (e.g., robotics, coding, chess).
Some more unique examples included a STEM Challenge that allowed teachers and
students to work virtually with National Aeronautics and Space Administration (NASA)
scientists and engineers to solve real STEM issues faced by NASA; virtual culinary arts
programs through which students explored international cultures and recipes; and
collaboration with renowned/famous artists (e.g., filmmakers and Broadway
performers). By leveraging the shift to online communication and collaboration, our
schools brought world-class learning opportunities to their students; and
3. Virtual Social Emotional Support – Students have been experiencing and continue to
experience the effects of pandemic-related trauma. Schools shifted social emotional
learning and support practices online, often in collaboration with community partners.
For example, some schools that had been utilizing “Help Zones” in their buildings for
students experiencing conflict, shifted these interventions online through tools such as
Zoom and Google Meets. Doing so, they were able to provide drop-in counseling,
mediations, and restorative justice practices to help students cope, adapt and grow
during these challenging times.
NYSED launched a website in Spring 2020 called Staying Connected. Through the website and
corresponding newsletter, LEAs are asked to submit effective practices that are later posted on
the Staying Connected website and periodically shared through the newsletter. Through other
existing newsletters, NYSED will encourage teachers to submit their work and will disseminate
these lessons learned and promising practices through the Safer Schools and Campuses Best
Practices Clearinghouse. 7 We believe findings from this work will help guide the reopening,
recovery, renewal, and transformation of all NYS LEAs over the coming school years.
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A.2 Overall Priorities
NYSED has identified three priority areas of focus that our schools must address as they prepare
for fall 2021:
1) Addressing lost instructional time and closing academic performance gaps;
2) Providing social emotional support within a culturally responsive sustaining framework;
and
3) Implementing evidence-based interventions within the integrated statewide multi-
tiered system of supports (MTSS-I).
Together, the efforts taken under these priorities will allow for a holistic approach to student
support that integrates academic and social emotional support and growth.
Priority 1: Address lost instructional time and close academic performance gaps
In spring 2020, NYS cancelled state assessments, which, along with locally available
assessments, are a main source of data used to monitor student progress for educators. State
assessments were administered to students attending school in person in spring 2021. Student
participation in state assessment administration in the Spring 2021 was significantly lower than
historic testing patterns as a result of not requiring remote learners to attend in person solely
for the purposes of testing pursuant to USDOE guidance. Students attending remotely in spring
2021 were not required to come into school to take the exams. Therefore, the spring 2021
results are not reflective of the overall student population and cannot be used for their
traditional purposes. State assessment data will not be available again until spring 2022
assessments are completed, scored, and reported (the data is typically publicly available by end
of summer or fall of the following school year).
LEAs historically used state assessment data as one key metric to monitor student progress
within and across their schools, including by Every Student Succeeds Act (ESSA) subgroups.
Thus, one of the main sources by which to measure the impact of “lost instructional time” will
not be available as we begin this critical work of addressing lost instructional time and closing
opportunity and performance gaps (see Section A.4 for more information about the forms of
local assessment schools and LEAs have been using in place of the statewide assessments). We
note that the state assessment does not measure lost instructional time directly but could
signal the degree of impact of lost instructional time. Therefore, NYS has focused on the use of
local assessments to measure the impact of lost instructional time and student engagement to
estimate and address student needs. When NYSED is able to fully implement the state
assessment program we will also utilize that as a key tool to measure the impact of lost
instructional time and assist LEAs in providing supports and interventions to students (see the
guidance on using local assessments that NYSED has provided to some LEAs).
Through the federal Rethink K-12 Education Models grant, NYSED has been able to conduct a
needs assessment among educators in the 25 counties hardest hit by the COVID-19 pandemic.
10
Teachers were asked to rate the level at which they believe their students were engaged during
the following time periods: pre-pandemic, Spring 2020, and the 2020-2021 school year. Most
teachers (66%) rated student engagement at the lowest levels (1 or 2) during Spring 2020 (the
first wave of the pandemic) while only 22% percent of the same teachers rated student
engagement at the lowest levels during the 2020-2021 school year. While this shift seems
promising, a substantial portion of teachers (47%) rated student engagement as moderate (3)
during the 2020-2021 school year. Research tells us that the level of student engagement
directly corresponds with student outcomes, both academic as well as social emotional.8
Teachers were also asked if they agreed or disagreed with a series of statements about how
prepared they felt to teach in a remote or hybrid context. Approximately one-quarter to one-
half of teachers “disagreed” or “strongly disagreed” with the statements, as noted in Table 3.
Table 3. Teachers’ Perceived Preparedness for Remote/Hybrid Instruction
Survey Responses – Fall 2021
To what extent do you agree that you have the tools and skills Percent “Disagreed” or
necessary to: “Strongly Disagree”
Promote student learning in the shift to teaching online
22%
Engage with families in remote/hybrid learning environments
28%
Address the needs of students with disabilities in remote/hybrid
50%
learning environments
Address the needs of English Language Learners in remote/hybrid
46%
learning environments
Promote culturally responsive and sustaining education in
27%
remote/hybrid learning environments.
Integrate social emotional learning in remote/hybrid learning
28%
environments
These data, combined with broader research studies, suggest that our students will experience
a significant adverse impact of lost instructional time, particularly our most vulnerable
students—students with disabilities, English language learners, and economically
disadvantaged students.9 One study estimated that students returned to school for the 2020-
2021 school year with approximately 63-68% of the learning gains in reading relative to a
typical school year and with 37-50% of the learning gains in math.10 The study also notes that in
some grade levels, students may have come back close to a full year behind in math. 11 More
recent national studies find similar trends. A preliminary national study of 98,000 students from
Policy Analysis for California Education 12 found that as of late fall 2020, second graders were
26% behind where they would have been, absent the pandemic, in their ability to read aloud
accurately and quickly. Third graders were 33% behind.
Even before the pandemic, there were profound inequities within NYS’s public education
system that manifested in performance gaps. Consider the five hardest-hit counties in New
York State (Bronx, Queens, Kings, Richmond, and Rockland), and the inequities are clear. 13
11
Collectively, these counties serve 915,556 students or 35% of the total student population in
NYS. Of these students, 75% are economically disadvantaged, 8% are experiencing
homelessness, 15% are English language learners, and 22% are students with disabilities. On
2019 Grade 3-8 English language arts (ELA) state assessments, the proficiency gap between
general education students, at 53% proficient, and students with disabilities (SWDs), at 15%
proficient, was 39 percentage points; the gap between non- ELLs, at 51% proficient, and ELLs, at
9% proficient, 42 percentage points; and the gap between not economically disadvantaged
students, at 62% proficient, and economically disadvantaged students, at 37% proficient, was
25 percentage points. On the 2019 Grade 3-8 math state assessments, the proficiency gap
between general education students, at 54% proficient, and SWDs, at 17% proficient, was 37
percentage points; the gap between non-ELLs, at 51% proficient, and ELLs, at 17% proficient,
was 34 percentage points; and the gap between not economically disadvantaged students, at
64% proficient, and economically disadvantaged students, at 38% proficient, was 27 percentage
points.
To address the pre-existing and expanding inequities and opportunity and performance gaps,
NYSED plans to use ARP ESSER SEA reserve funds to:
1. Make grants to LEAs to address the impact on K-12 students of lost instructional time. Using
local assessment data, and state assessment results when available, LEAs will determine
how to use these grant funds to have the greatest impact on their communities. Funds must
be used to support evidence-based interventions that address the academic impact of lost
instructional time such as summer learning or enrichment programs, extended-day
programs, comprehensive afterschool programs, and extended-year programs, particularly
for those students most impacted by lost instructional time during the pandemic. To
facilitate this, NYSED guidance directed LEAs to focus interventions and supports pertaining
to the academic, social, emotional, and mental health needs of all students, particularly
those students disproportionately impacted by the COVID-19 pandemic, including students
from low-income families, students of color, English learners, children with disabilities,
students experiencing homelessness, children in foster care, and migratory students. 14
Lastly, NYSED will disseminate data collected through a ThoughtExchange Platform (see
Section C.1 and Appendix F for additional information) that outlines the most frequently
identified needs to address the impacts of lost instructional time during the pandemic on K-
12 students that the public identified. This data brought into focus, as indicated by the top
comments received and ranked, that ameliorating the effects of lost instructional time will
need to include addressing academic needs (including academic enrichment) as well as
social emotional/mental health needs;
2. Fund new full-day universal prekindergarten programs for 4-year-olds and expand existing
programs. The pandemic dramatically impacted pre-school children as many daycare, pre-
school, and enrichment programs closed for much of the past year. NYS will expand
opportunities for 4-year-olds to attend free, public pre-K programs where they will be able
to catch up on lost early childhood learning, socialization, and other foundational skills
required for long-term success. A crucial goal of these programs will be to accelerate
learning to mitigate the impact of lost instructional time and help close pre-existing
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performance gaps. The Office of Early Learning monitors all new programs to ensure they in
compliance with Education Law and Commissioner’s Regulations, and to provide technical
assistance to LEAs to ensure they are running a high-quality prekindergarten program. This
is typically done through on-site monitoring visits or through desk reviews of programs
depending on the availability of staff; and
3. Expand facilities funding for New York City (NYC) charter schools experiencing increased
enrollment during the pandemic. Charter schools in New York City serve a high number of
economically disadvantaged students who were disproportionately impacted by the
pandemic. In addition, the number of students served in charter schools during the
pandemic increased.15 A portion of ARP ESSER SEA reserve funds will allow these public
schools to equitably access facilities as they shift back to in-person learning and must
accommodate the increased number of students.
These plans are discussed further in Section D.
Priority 2: Provide social emotional support within a culturally responsive sustaining
framework
When SEL is integrated with CRSE, described below, it can generate “transformative SEL”—a
process in which young people and adults build strong, respectful relationships founded on an
appreciation of similarities and differences, learn to critically examine root causes of inequity,
and develop collaborative solutions to community and societal problems.16
Over the past 15 months, NYS’s students have faced extraordinary challenges, including loss of
loved ones, isolation, economic stress on their families, disrupted home and school lives, and
much more. Adverse childhood experiences and resulting trauma can have a negative impact
on young people’s social and emotional wellbeing, physical wellness, mental health, and
consequently, their capacity to learn. 17 Students and adults are grappling with new and
exacerbated trauma that can have far-reaching impacts on health and educational outcomes,
potentially well beyond the pandemic. In addition, anxiety and depression may present or
worsen in response to these additional stressors and traumas. 18
New York State has long faced a chronic shortage of mental health care services for its
students. The NYS Department of Health estimated (before the pandemic) that 1 in 5 children
in NYS have a diagnosable mental health disorder but less than half receive any professional
care. 19 Suicide is the second leading cause of death for teenagers (15-19) in NYS, with numbers
rising fastest among Black/African American youth. A 2018 report to the Congressional Black
Caucus found that the suicide rate among Black youth is increasing faster than any other
racial/ethnic group and the suicide rate for Black children 5-12 is roughly twice that of white
children of the same age group. 20
Throughout the spring of 2020, NYSED distributed resources for teachers and
parents/guardians to address the immediate impacts of COVID-19, including strategies for
trauma-informed remote instruction, helping students cope with the crisis, and addressing
13
stress, anxiety, and grief, as well as resources to help students, parents/guardians, and teachers
maintain social emotional health as they engaged in remote instruction. NYSED also adapted
trainings to focus on integrating SEL and trauma-responsive practices into remote learning
environments to support development of students’ SEL competencies related to self-
awareness, self-management, social awareness, relationship skills, and reasonable decision
making. 21 Intentional development of these five core SEL competencies helps students build a
foundation of protective factors that support the development of positive mental health,
increase resilience and, in turn, improve their capacity to cope and thrive amidst uncertainty. 22
Despite NYSED’s best efforts to support teachers during the pandemic, many teachers felt ill-
equipped to integrate SEL in remote/hybrid learning environments this past year. Moreover,
they struggled to promote CRSE during the pandemic (see Table 3). CRSE helps educators create
equitable learning environments that: affirm racial, linguistic, and cultural identities; prepare
students for rigor and independent learning; develop students’ abilities to connect across lines
of difference; elevate historically marginalized voices; and empower students as agents of social
change. 23 In NYS we view SEL and CRSE as interrelated with both being under the umbrella of
diversity, equity, and inclusion (DEI), whereas CRSE encompasses many processes to achieve
positive, equitable learning environments, one of which is SEL.
SEL is an integral part of education and human development. SEL is the process through which
all young people and adults acquire and apply the knowledge, skills, and attitudes to develop
healthy identities; manage emotions and achieve personal and collective goals; feel, and show
empathy for others; establish, and maintain supportive relationships; and make responsible and
caring decisions. SEL advances educational equity and excellence through authentic school-
family-community partnerships to establish learning environments and experiences that
feature trusting and collaborative relationships, rigorous and meaningful curriculum and
instruction, and ongoing evaluation. SEL can help address various forms of inequity and
empower young people and adults to co-create thriving schools and contribute to safe, healthy,
and just communities. 24
In 2018, NYSED released New York State Social Emotional Learning Benchmarks for voluntary
implementation and Social Emotional Learning: Essential for Learning, Essential for Life, a
framework explaining SEL concepts, and the need for and benefit of SEL in NY. This was
followed in March, 2019 with Social Emotional Learning: A Guide to Systemic Whole School
Implementation, providing strategies and resources for districts and schools. These resources
were developed using the definition of social emotional learning established by the
Collaborative for Academic, Social, and Emotional Learning (CASEL). In addition, they rely upon
CASEL’s definitions of the five core social emotional competencies: self-awareness, self-
management, social awareness, relationship skills, and responsible decision-making.
Our recent efforts to address SEL during the pandemic built upon several years‘ worth of
initiatives in this area. In October 2020, CASEL released updates to their definition of and
framework for SEL. These revisions reflect their commitment to, “advance high-quality SEL in
schools everywhere so that all adults and young people can thrive,” and, “leverage SEL to work
14
together toward a more just world.” NYSED shares CASEL’s commitment to promoting SEL that
furthers educational equity and, “justice-oriented citizenship, with issues of culture, identity,
agency, belonging, and engagement explored as relevant expressions of the five core SEL
competencies.” Over the coming months we will be working to revise existing resources to
reflect these updates.
To address pre-existing and expanding inequities, utilizing an overarching lens of DEI and
disseminating MTSS-I strategies to help educators prioritize the needs of the whole child and
inform academic, behavioral, and social emotional support, within a culturally responsive and
sustaining framework, 25 NYSED will support LEAs to integrate evidence-based practices in SEL
and CRSE to ameliorate the effects of lost instructional time and pre-existing performance gaps.
As LEAs develop plans to use ARP ESSER funds for summer learning and enrichment programs,
extended day programs, comprehensive afterschool programs, extended year programs and
other evidence-based interventions, NYSED will share best practices to encourage LEAs to
integrate SEL and CRSE approaches in ways that will support students to recover and grow
following the pandemic. 26
These plans are discussed further in section D.1.i.
As a framework toward addressing the impacts of the COVID-19 pandemic on students across
New York State, based on the work of Dr. David E. Kirkland, Vice Dean of Equity, Belonging, and
Community Action, Executive Director of The NYU Metropolitan Center for Research on Equity
and The Transformation of Schools, and Associate Professor of English and Urban Education 27,
research suggests that opportunities to learn are greatly expanded for all students when strong
principles of diversity, equity and inclusion (DEI) are present and operative in a district or
school. These principles - equity and excellence for all students, are essential to the
development of thriving educational environments that celebrate differences among student
groups.
Ensuring coherent and well-articulated opportunities for students to actively participate in
experiences that prepare them for a lifetime of civic engagement and social success provides
further rationale in support of putting DEI at the heart of NYSED’s work with LEAs. Additionally,
the materials developed by NYSED’s Civic Readiness Task Force, a group of teachers, curriculum
specialists, school administrators, college professors, and representatives of civic organizations
of diverse backgrounds from all parts of the State, charged with making recommendations that
included, but were not limited to, defining “civic readiness” and considering such initiatives as a
State Seal of Civic Engagement and Capstone Projects, provide a helpful foundation for the
necessary DEI work it supports. This includes policy positions relating to the participation and
empowerment of students, families, parents/guardians, and community members in
organizational leadership and institutional supports that are guided by strong principles of DEI,
such as:
• Helping students learn about themselves and various aspects of their identities;
• Encouraging students to learn about their classmates and/or communities;
15
• Building strategic relationships among students, staff, parents/guardians, and families;
• Analyzing relevant data such as discipline outcomes for various racial groups;
• Providing staff development on topics such as culturally responsive sustaining
instruction and student support practices, privilege, implicit bias, and reactions in times
of stress;
• Selecting curricula and texts that reflect students’ backgrounds, contributions; and
• Ensuring that all districts and schools in New York State are rightly designed to meet the
educational needs of all students in the state.
The NYS BoR is committed to creating an ecosystem of success built upon a foundation of
diversity, equity, inclusion, access, opportunity, innovation, trust, respect, caring,
relationship-building, and much more. It is the policy of the Board to promote diversity, equity,
and inclusion in all NYS districts and schools through the budgeting process, allocation of
resources, and development of Board policies to achieve the vision that every school will be a
thriving one, preparing every student to graduate from high school ready for college, career,
and civic engagement. To provide informed, authentic leadership for DEI, the Board, thus,
strives to:
• See diversity, inclusion, and equity as integral to our mission and critical to ensure
the well-being of the students, families, teachers, leaders, and communities we
serve;
• Acknowledge and dismantle any inequities within our policies, systems, programs,
and services, and continually update and report progress;
• Explore potential underlying, unquestioned assumptions that interfere with
diversity, equity, and inclusion;
• Advocate for and support board-level thinking about how systemic inequities impact
education across New York State, and how best to address those issues, consistent
with our mission which is to raise the knowledge, skill, and opportunity of all the
people in New York;
• Practice and encourage transparent communication in all interactions;
• Commit time and resources to unique needs of students and communities across
New York State; and
• Lead with respect and tolerance. We expect all districts and schools to embrace this
notion and to express it in their interactions and through everyday practices.
This policy statement builds upon the important work districts and schools across New York
State do every day, with a variety of partners and stakeholder groups, to make education in our
State welcoming, affirming and culturally responsive and sustaining for all New York’s students.
As stated in The New York State Board of Regents Framework on Diversity, Equity, and Inclusion
in New York’s Schools (NYS DEI Framework), a tool to guide LEAs in operationalizing this work:
We recognize that much of this work is already happening in districts and schools across
the State. Equity warriors are working to create school communities that are more
diverse, more equitable, and more inclusive than ever before. Many of New York’s
16
education stakeholders and their organizations have elevated this issue to the very top
of their agendas. Their efforts must be recognized and applauded. It is a palpable and
needed movement that is growing every day in state houses, schoolhouses and at
dinner tables across New York and the nation.
Through the use of the NYS DEI Framework and the dissemination of effective practices, as
described in Section B.1.i, LEAs across New York State will develop the individual and
organizational knowledge, attitudes, skills, and practices to create culturally responsive
sustaining learning and working environments that expect and support high academic
achievement for students and employees from all racial and ethnic backgrounds. Differences
will not only be seen as strengths but will also be nourished, celebrated, and welcomed
because they are what make students, families, schools, districts, and communities unique.
Please see the New York State Board of Regents Policy Statement on Diversity, Equity and
Inclusion In New York State Schools.
Priority 3: Implementing evidence-based interventions within MTSS-I
All evidence-based interventions selected by the LEAs and approved by NYSED must be
implemented within the integrated MTSS-I. With the support of a State Personnel
Development Grant (SPDG), NYSED is developing and implementing a pilot program to
establish MTSS-I as a framework that helps educators prioritize the needs of the whole child
and integrates academic, behavioral, and social emotional support within a culturally
responsive and sustaining framework. The multi-tiered system of supports helps LEAs and
schools prioritize interventions by establishing tiers of support.
More information on priority three, MTSS-I, and the difference between integrated and school-
based MTSS can be found in Section D.1.ii of this Plan.
A.3 Identify the Needs of Underserved Students
Data and Research on Needs of Underserved Students
In Section A.2, above, NYSED describes the inequities in educational outcomes and experiences
both before and during the pandemic for students who are economically disadvantaged, come
from underserved racial or ethnic groups, are English language learners, and/or are students
with disabilities. 28 NYSED will encourage and support LEA use of ARP ESSER funding to address
these inequities both in the short and long term, as well as to support the needs of other
underserved students.
Students Experiencing Homelessness
Even before the COVID-19 pandemic, the rate of students experiencing homelessness in NYS
was on the rise: from 2006 to 2018, NYS registered a 122% increase in the total number of
17
children and youth identified as experiencing homelessness. 29 From recent data we know that
students experiencing homelessness exhibit lower engagement in schools and have unique SEL
needs30. Research has shown that feelings of isolation and lack of positive peer relationships
contribute to higher rates of chronic absenteeism. 31 For example, the chronic absenteeism rate
among students experiencing homelessness in New York City averaged around 37%.32 The
chronic absenteeism rate among students experiencing homelessness in the Big Five school
districts (NYC, Buffalo, Rochester, Syracuse, Yonkers) was more than 50% 33. NYSED anticipates
this rate to be higher during the pandemic, though it has been challenging to measure given the
greater difficulty in identifying students experiencing homelessness.
As LEAs fully reopen school buildings, NYSED will work with them to identify and serve students
who are experiencing homelessness. 34 Prior to the pandemic, this was a challenge. 35
Government agencies, nonprofits and advocacy organizations note that capturing the full scope
in the rise in homelessness over the past year is more difficult, since many of the points of
contact where individuals experiencing homelessness are accounted for have been closed at
times throughout the pandemic36 and individuals experiencing homelessness are wary of
accessing resources, such as shelters and soup kitchens, due to fear of exposure to the virus. 37
This challenge is particularly acute when it comes to identifying students experiencing
homelessness as schools have been closed or delivering instruction through remote or hybrid
modes since March 2020. So, while studies have shown that the number of students
experiencing homelessness is higher than ever, it is difficult to identify them: a recent national
analysis 38 found a 28-percentage-point drop in the number of students experiencing
homelessness identified in fall 2020 compared to the same time in 2019 (data based on reports
from nearly 1,500 liaisons supporting students and families experiencing homelessness in 49
states). This drop does not indicate a decline in the number of students experiencing
homelessness during the pandemic, but rather the inability to identify them, as well as
unaccompanied youth.39
To improve outcomes for students experiencing homelessness, NYSED has taken specific steps
to help counselors remove barriers to enrollment and attendance, ensure timely review of
academic transcripts and seek opportunities to award credits so these students can maintain
momentum in their educational progress.
NYSED will continue to work closely with the NYS DOH and the New York State Technical and
Education Assistance Center for Homeless Students (NYS TEACHS). 40 NYS TEACHS provides
technical assistance and support to McKinney-Vento liaisons, and other school-based staff, to
help them quickly and appropriately identify students and implement the provisions of the
McKinney-Vento Act. At the heart of the McKinney-Vento legislation is a commitment to
providing students who are experiencing homlessness with a continous and quality education.41
Children in Foster Care
Prior to the pandemic, the number of students in foster care across New York State was 8,824
as reported by LEAs in 2020. The number of children in foster care rose throughout 2020-2021
18
and the challenges facing children in foster care have been exacerbated by the pandemic. 42
Updated numbers of students in foster care will be provided by the NYS Office of Children and
Family Services (OCFS) in the future. During the pandemic, some of the following key aspects of
serving foster care students were made more challenging, including: identifying children for
voluntary or involuntary placements; placing children in foster homes; caseworker visits;
parent-child visits; achieving permanence for children through reunification and adoption; and
youth aging out of the foster care system during a pandemic. Moreover, of the thousands of
children in New York State who experienced the death of a parent or caregiver due to COVID-
19, many required foster care placements. One study found that of the 4,200 NYS children who
lost a parent to COVID-19 in the first wave (March-June 2020), 57% reside in three counties—
Bronx, Kings (Brooklyn), and Queens—and are disproportionately Black and Latinx. Twenty
three percent of these children were at risk of entering the foster care system or kinship care.43
In addition, approximately 50% of the children were deemed likely to risk becoming
impoverished due to the loss of a caregiver from the coronavirus.44
To address these challenges, NYSED will empower LEAs to use research and evidence based
interventions to address lost instructional time, close the academic performance gaps, and
provide social emotional support within a culturally responsive and sustaining framework
schools to support the needs of children in foster care.
To facilitate this, NYSED will continue to work closely with the OCFS, which oversees the child
welfare system. Through that collaboration, NYSED and OCFS have established a
communication system at the local level between social services districts and LEAs to identify
students in foster care and collaboratively work to provide students with the services and
supports they need to achieve and thrive. 45 The state has a robust foster care transportation
system in place to support school stability, despite changes in foster care placement. NYSED
and OCFS meet regularly to review school achievement data and discuss further guidance and
technical assistance for schools and social services districts to continue to encourage local
collaboration.
Migratory Students
Migratory students, defined as those who relocate because of involvement with agriculture-
related industries or other seasonal work, struggle to achieve the same level of educational
success as their peers. Such relocations cause interruptions in their formal education, create
social, geographic, and linguistic isolation, and amplify poverty, food insecurity, homelessness,
and health-related concerns.
In the 2019-2020 school year, there were 2,375 grade K-12 migrant-eligible students across the
State, with the highest student count in one school district at 155 migrant students. Most
school districts had one [1] migrant-eligible student based on the “mode” (i.e., the number
value that appears most often) in the data group. The “median” (i.e., the "middle" number
value that separates the higher and lower half) in the data group is four [4] migrant-eligible
19
students among all school districts in the State. Additionally, there were 282 migrant students
in pre-k grade levels P0-P2 and 474 migrant students in pre-k grade levels P3-P5.
On March 20, 2020, Governor Cuomo implemented the “New York State on PAUSE” Executive
Order which directed all non-essential businesses and schools to close in-person operations and
to adopt strategies aimed at mitigating the spread of COVID-19, such as maximizing
opportunities for “tele-work” and “tele-education”. This action, while necessary, further
exacerbated the barriers and risk factors outlined above. For migratory children, this led to a
lack of:
• Educational continuity;
• Time for instruction;
• School engagement;
• English language development;
• Education support in the home;
• Health and mental care; and
• Access to services.
The pandemic pivot to remote/virtual teaching and learning at all levels of Grades K-12
education, especially for migrant children, revealed varying student access to Wi-Fi as well as
computer hardware and software. This led to potential unequal and inequitable teaching and
learning experiences that focused more on troubleshooting than creating a sustained
educational experience.
The New York State Migrant Education Program (NYS-MEP) is a federally funded supplemental
program that supports the implementation of educational and supportive services for
migratory children and their families.46 The goals of the NYS-MEP are to support migratory
children in addressing educational disruption, cultural and language barriers, social isolation,
health problems, food insecurity, homelessness, poverty, and other factors that inhibit such
migratory children from doing well in school and making the transition to postsecondary
education or employment. During the pandemic, NYS-MEP has collaborated and coordinated
with local, state, and federal programs to deliver critical services to migrant students
throughout the State. As school buildings reopen, NYS-MEP will continue this work and provide
LEAs with the training, technical assistance, and resource coordination necessary to meet the
needs of migratory students.
Based on the 2017-2019 Evaluation Report conducted by Arroyo Research Services, the State
Performance Target Status of the NYS-MEP can be summarized as follows:
• While migrant student proficiency on the NYS Grades 3-8 ELA Assessment increased
overall from 11.2% in 2017 to 14.2% in 2019, the gap between migrant students and
non-economically disadvantaged students rose from 18.9 points in 2017 to 21.6 points
in 2019;
20
• While migrant student proficiency on the NYS Grades 3-8 Mathematics increased overall
from 12.8% in 2017 to 16.3% in 2019, the gap between migrant students and non-
economically disadvantaged students rose from 16.5 points in 2017 to 20.2 points in
2019; and
• The four-year cohort graduation rate for migrant students rose overall from 40% in 2017
to 43% in 2019. The graduation rate gap between migrant students and all NYS students
decreased by 5% between 2017 and 2018, then held steady for 2019.
During the 2019-2020 school year, 1,179 school-aged migrant children were identified as ELLs,
with varying levels of English Language proficiency based on their New York State English as a
Second Language Achievement Test (NYSESLAT) scores.
During the pandemic, migratory children have been at an even greater disadvantage in terms of
accessing continuous learning experiences. Many lack the resources to take courses online,
such as computers and other types of digital technology devices. 47 Likewise, migratory children
typically encounter more difficulties in terms of language learning, which impacts their ability to
participate in remote or hybrid learning environments.48 Furthermore, many migratory and
children may suffer from psychological trauma, marginalization or stigma, in addition to not
being able to receive psychological support during the pandemic due to the circumstances
surrounding human migration.49
NYSED will facilitate technical assistance to LEAs regarding best practices to support through
NYS-MEP services and programs. NYS-MEP facilitates the use of research-based interventions to
address lost instructional time and close academic performance gaps while simultaneously
providing social emotional support within a culturally responsive and sustaining framework.
Concurrently, the lack of personal feedback and meaningful engagement with migrant children
and their parents/guardians and families became a roadblock to the highest quality
remote/virtual teaching and learning. At the same time, migrant children and their
parents/guardians and families experience first-hand how proficiency in the English language,
or lack thereof, can allow or restrict access to different school and community resources,
including access to health, work opportunities, schools and school districts, and other networks.
Community-Identified Priorities for Underserved Students
In addition to referencing research studies and existing data sources, NYSED reached out
directly to its communities to obtain input on the development of our ARP ESSER State Plan
through an online “Thought Exchange” application. 50 NYSED posed one open-ended question to
which participants responded confidentially:
As we prepare for the next school year in New York, what are the most
important academic, social emotional, and/or mental health supports for
schools to provide to serve all students (i.e., general education students,
students with disabilities, English language learners, and others)?
21
Participants were able to post their own thoughts, see comments posted by others and rate
posts on a scale of 1-5, allowing the most common or shared “thoughts” to rise to the top.
As of May 25, 2021, almost 5,000 participants provided 6,844 unique responses and over
95,000 ratings. Respondents come from across NYS and additional information can be found in
Section C.1 and Appendix F.
The needs identified with the highest frequency (i.e. the highest-rated responses) are:
1. Additional school counselors to support the social emotional needs of students;
2. Concerns about additional supports for students and smaller class sizes;
3. Additional supports for teachers; and
4. The need for student enrichment opportunities
NYS LEA ARP ESSER allocations may be used to address these needs by significantly investing in
extended day, week, and year programming to both accelerate student learning, and support
students’ social emotional needs. LEAs have the discretion to allocate ARP ESSER funding to
best meet individual local needs within the communities they serve where statewide and
local data demonstrates efficacy in accelerating learning.
A.4 Understanding the Impact of the COVID-19 Pandemic
NYSED disaggregates the above-referenced data (sections A.2 and A.3) by region and LEA
(where possible) and shares this data with our LEAs to help them understand the impact of the
pandemic on their communities and students. Following is a description of 2020-2021 school
year policies and procedures for identifying, developing, and administering student
assessments, as well as how NYSED is assisting LEAs in the analysis and use of this data to
diagnose areas of need within their communities and schools.
LEAs and Student Assessments
NYS cancelled state assessments in spring 2020 and administered state assessments to students
attending school in person in spring 2021. Students attending remotely in spring 2021 were,
pursuant to USDOE guidance, not required to come into school solely to take them. As a result,
one of the main data sets by which NYSED monitors student progress will not be available until
spring 2022 assessments are completed, scored, and reported (the data is typically publicly
available by late summer/ early fall of the following school year). LEAs typically use this data,
along with local assessments, to monitor student progress within and across their schools,
including by ESSA subgroups. Without state assessment data, NYSED has provided charter LEAs
with guidance on using local assessments and all LEAs received guidance on graduation data
and course requirements, attendance data, and other locally collected data sets to identify
vulnerable students and plan to effectively meet their needs.
22
As context, in July 2020, NYSED required every public school in the State to develop and
disseminate a comprehensive building reopening plan for the 2020-21 school year.51 These
comprehensive plans detailed how the school would attend to several mandatory assurances.
The assurances addressed such areas as teaching and learning, social emotional wellbeing,
special education, bilingual education and world languages, and technology and connectivity. 52
The plans also required schools to document how they would measure student mastery of State
learning standards through coursework, local assessments, graduation, and post-secondary
plans. In addition, all LEAs were required to use LEA-developed procedures to identify those
students who would be entitled to receive academic intervention services in the upcoming
school year. LEA-developed procedures aligned with NYS’s statewide MTSS-I approach helps
educators prioritize the needs of the whole child and integrates academic, behavioral, and
social emotional support within a culturally responsive and sustaining framework.
In March 2021, NYSED issued a statewide survey to collect information from LEAs about local
approaches to student assessment. Specifically, LEAs were asked to share information about
their use of the following types of assessments:
• “Traditional” teacher-prepared assessments created by an individual teacher (for
formative and/or summative assessment purposes);
• “Traditional” school/district-prepared assessments developed by groups of faculty
members (sometimes called “department exams”);
• Performance- or project-based classroom assessments created by an individual teacher
(for formative and/or summative assessment purposes);
• School or district-wide performance- or project-based assessments developed by groups
of district faculty members;
• Vendor-prepared summative assessments developed by a third party to measure
program or learning activity outcomes; and
• Vendor-prepared interim, formative, or curriculum-embedded assessments developed
by a third party to monitor student learning during program and learning activities.
Respondents identified which assessment practices were being used at the elementary (up to
grade 5), middle (grades 6-8), and high school (grades 9-12) levels. For each level, respondents
indicated the practices used in ELA, math and/or science. For each identified assessment
practice, LEAs provided information about: (1) how results of the assessments are
communicated to members of the school community; (2) the prevalence of the practice; and (3)
how the LEA’s use of these assessment practices in this current school year (2020-21) compares
with its use in the prior school year (2019-2020).
Analysis and Dissemination of 2020-2021 School Year Assessment Data
While currently being analyzed, these data will allow for the analysis of assessment practices by
grade span and region. NYSED also provided charter school LEAs with technical assistance
23
regarding the use of interim/local assessments through Remote Monitoring and Oversight
Guidance regularly updated throughout the pandemic.
Assessment practices will be cross walked with schools that were previously identified under
the state’s approved accountability system to provide focused supports and resources to
Comprehensive Support and Improvement (CSI) and Targeted Support and Improvement (TSI)
schools. NYSED’s priority regarding this work is ensuring that schools and students already
vulnerable before the pandemic (thus necessitating an ESSA accountability identification) are
actively monitored throughout the pandemic. While it was important to determine the type of
assessment tool being used, a key component of this work is to confirm that these schools had
assessment systems and cycles to ensure that student learning was being measured along the
way. This work is commencing in the spring of 2021 as part of NYSED’s work with schools
developing 2021-2022 school year School Comprehensive Education Plans and will continue
throughout the Fall of 2021.
In the 2021-2022 school year, NYSED will also examine how learning in remote, hybrid, and in-
person environments affected outcomes including, but not limited to:
• Student academic achievement and academic growth on available assessment data;
• Academic growth;
• Attendance;
• English Language Proficiency gains;
• Credit accrual;
• Four-, five-, and six-year graduation rates;
• Teacher turnover;
• Parent and family engagement; and
• Fiscal equity.
Ultimately, understanding the impact of the pandemic on those indicators for all student
subgroups will inform both NYSED’s and LEAs’ short- and long-term deployment of supports,
technical assistance, and fiscal resources based on the needs of each unique school community
such as those described in Section D.1.
Data Collection and Analysis
NYSED will also continue to expand its collection and communication of available student data.
NYSED has a robust data collection and reporting system that will be leveraged to provide
parents/guardians, school and district leaders, and the public with available data on how
students are achieving and progressing. This data system is not limited to test result data and
includes detailed information on student enrollment, attendance, course completion, and
graduation as well as school climate.
24
In the 2020-2021 school year, NYSED enhanced its data collection by adding student-level
attendance data for both in person and remote instructional settings, as well as school-level
collections focused on device and connectivity. Additionally, NYSED will continue to require
LEAs to report on student achievement as well as other important school-level variables.
Beginning in December 2020, NYSED began collecting Daily Student Attendance by Mode
through our Student Information and Repository System (SIRS). 53 Starting in fall 2021, NYSED
will use this data to analyze the impact the pandemic has had on student attendance,
suspension, and performance over time for all ESSA subgroups. NYSED will report this data to
LEAs so they can fully understand the impact of the pandemic on their communities and
students and can most effectively implement research and evidence based academic and social
emotional intervention services.
Collection of these data elements will directly support NYSED’s efforts to better understand the
pandemic’s impact on school communities and identify appropriate actions to meet the
academic, social emotional, and physical health and safety needs of students.
A.5 School Operating Status
A.5.i - Data Collection on School Operating Status (SY2020-2021)
In July 2020, NYSED issued a school building reopening guidance document, Recovering,
Rebuilding, and Renewing: The Spirit of New York’s Schools (Appendix A), that required BOCES,
school districts, and charter schools to create comprehensive building reopening plans with a
schedule that included in-person instruction, remote instruction, or a hybrid of both in-person
and remote. Once finalized, those reopening plans were posted on the LEA’s public website in a
location easily located by students, parents/guardians, teachers, administrators, and other
community stakeholders. In addition, LEAs were required to provide NYSED with a link to the
public website where each school plan has been publicly posted.
As a next step, NYSED issued the 2020-21 School Reopening – Instructional Models Report, a
brief survey through the SED Monitoring and Vendor Reporting System (“the Portal”) to collect
essential information about the reopening instructional modes that were to be deployed at
each school/site across the state. The survey was made available to all BOCES, school districts,
charter schools, special act school districts, approved private schools and programs serving
school-age and preschool students with disabilities, and state operated schools – more than
1,300 entities.
Specifically, this brief survey collected the following school/site-level information:
• The first day of school for school year 2020-2021;
• The instructional mode (in-person, hybrid, or remote) reflected in the most recent
reopening plan that was communicated to parents/guardians and other stakeholders; and
25
• The planned end date for using a fully remote instructional mode, if applicable.
Initial completion of the survey was due in mid-September 2020. LEAs made updates to their
data on an as-needed basis if instructional models changed in the opening weeks of the school
year.
NYSED issued a memorandum on December 1, 2020 to all LEAs regarding the provision,
recording, and reporting of both in-person and remote instruction pursuant to the reopening
plans required of school districts, BOCES, and charter schools (see Appendix C). LEAs were
required to update their schools’ instructional modalities; this data is required to be reported to
NYSED in fall 2021. Once this data becomes available, NYSED will be able to utilize this data to
analyze the impact of the pandemic on student attendance, suspension, and performance over
time for all ESSA subgroups. NYSED will be able to identify and analyze the impact of
instructional mode, enrollment, and attendance at various levels (statewide, district, school,
student). Districts and schools will have the same ability to work with their local data for
instructional programmatic and individualized classroom and student planning of teaching and
learning.
A.5.ii - Plan for Collecting Future Data
Mode of Instruction
NYSED is requiring LEAs to report by fall 2021, through a survey similar to ones administered
during the 2020-2021 school year, the following school/site-level information:
• The first day of school for the 2021-2022 school year;
• The instructional mode (in-person, hybrid, or remote) reflected in the most recent
reopening in plan that was communicated to parents/guardians and other stakeholders;
and
• The planned end date for using a fully remote instructional model, if applicable.
LEAs will be required to make updates on an as-needed basis if instructional modes change
during the school year.
Enrollment
All reporting entities are required to submit the annual BEDS (NYSED’s count day) District and
BOCES Summary Forms and School Data Forms online using the IRS Data Exchange (IDEx)
application available via the NYSED Business Portal. This reporting must be completed using
enrollment data on BEDS day, which NYSED sets annually in consultation with the NYSED Office
Information and Reporting Services. This provides the enrollment on the specified date for all
students in any given LEA. BEDS day is always the first Wednesday in October because it is
26
expected that by this date in the school year, returning and new student registrations have
been processed and stable enrollment counts can be obtained.
Attendance
NYSED will maintain the attendance reporting policy and system established in December 2020.
This system requires reporting entities to report to NYSED each day, for each enrolled student,
whether the student was present or absent. All student level attendance data must be reported
daily throughout the school year. The reporting entity must also report the attendance (both
positive and negative attendance [absence]) by instructional modality (in-person, remote or
both on the same day). See Appendix C, which details this policy and others regarding the
provision, recording, and reporting of both in-person and remote instruction. Attendance
reporting is mandatory for all LEAs.
School Operating Status and Instructional Modes (the 2020-2021 School Year)
Beginning in December 2020, NYSED began collecting Daily Student Attendance by Modality
through our Student Information and Repository System (SIRS). 54 Starting in fall 2021, NYSED
will use this data to analyze the impact the pandemic has had on student attendance,
suspension, and performance over time for all ESSA subgroups. NYSED will report this data to
LEAs so they can fully understand the impact of the pandemic on their communities and
students and can most effectively implement research-based academic and social emotional
intervention services. See Appendix C for additional information.
A.5.iii Planned Operational Status and Mode of Instruction for Summer 2021 and the 2021-2022
School Year
For the 2021-2022 school year, NYSED will maintain the attendance reporting model described
above and further detailed in Appendix C.
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B. SAFELY REOPENING SCHOOLS AND SUSTAINING THEIR SAFE
OPERATIONS
B.1 Support for LEAs
B.1.i – Implementation of Prevention and Mitigation Policies in line with Centers for Disease
Control and Prevention (CDC) Guidance
To support all LEAs in adopting and implementing safe and effective practices, including those
recommended by the CDC for operation and reopening of school facilities, NYSED will explore
the coordination of statewide cohorts of LEAs starting in the 2021-2022 school year focused on
shared problems of practice that emerged during the COVID-19 pandemic and response. These
convenings will focus on a wide variety of school-based decision makers. NYSED will support
identification, testing, and sharing of effective practices among LEAs as promising practices
emerge and are demonstrated to be effective. NYSED envisions that cohorts will be structured
based on the research on interorganizational learning to provide the structures for
identification, testing, and sharing of promising practices. 55 Best practices that emerge relevant
to CDC guidance will be submitted to the USDOE’s Safer Schools and Campuses Best Practices
Clearinghouse for consideration.
The NYS DOH determines whether schools in the state follow CDC guidance or state specific
guidance. Below is a summary of NYSED’s response to mitigation strategies (listed as Table 4 in
the ARP ESSER plan instructions).
Table 4: NYSED Prevention and Mitigation Policies to Support the Implementation of CDC
Guidance
Mitigation Strategy NYSED’s Response
Universal and correct NYSED Office of Student Support Services released its
wearing of masks Reopening Guidance in July 2020, which provides guidelines on
mask wearing.
Physical distancing (e.g., NYSED provides guidance on physical distancing by linking to
including use of the most recent NYS DOH instructions entitled “Interim
cohorts/podding) Guidance for In-Person Instruction At Pre-K to Grade 12 School
During the COVID-19 Public Health Emergency” (See Appendix
B).
Handwashing and NYSED Office of Student Support Services released its
respiratory etiquette Reopening Guidance in July 2020, which provides guidance on
this topic.
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Cleaning and maintaining NYSED Office of Student Support Services released its
healthy facilities, including Reopening Guidance in July 2020, which details cleaning and
improving ventilation maintaining healthy facilities.
Contact tracing in Guidance on contact tracing is described in NYSED Office of
combination with isolation Student Support Services Reopening Guidance from July 2020.
and quarantine, in
collaboration with the NYSED reinforced schools to follow NYS DOH April 2021
State, local, territorial, or Guidance.
Tribal health departments
Diagnostic and screening NYSED Office of Student Support Services released its
tests Reopening Guidance in July 2020, which describes the use of
diagnostic and screening tests.
Efforts to provide NYSED reinforced schools to follow NYS DOH April 2021
vaccinations to educators, Guidance.
other staff, and students, if
eligible
Appropriate This topic was addressed in the NYSED Office of Student
accommodations for Support Services Reopening Guidance in July 2020.
children with disabilities
with respect to the health
and safety policies
B.1.ii – Reopening and Operation of School Facilities
Guidance Memos and Other Information Documents
The following guidance documents and memos were disseminated to schools through the New
York State Center for School Health (NYSCSH) listservs. NYSCSH is NYSED’s contracted technical
assistance center supporting school health professionals and school health educators. The NYS
DOH and NYSED disseminated the information through their respective listservs and posted
them on their websites.
• 2/5/20 NYSED and NYS DOH released a joint Guidance Memo to Schools on COVID-19
• 2/5/20 NYSED released a letter to parents/guardians on coronavirus Coronavirus Parent
Letter
• 2/7/20 NYSED and NYS DOH provided a joint webinar to schools on the guidance
• 3/5/20 NYSED released Handwashing Recommendations and Alcohol-based Hand
Sanitizer Use in Schools
• 03/06/2020 NYSED notifies schools how to report in the even that a school must close
due to a COVID-19 outbreak or other emergency
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• 3/9/20 NYS DOH provided a webinar update on COVID-19 to schools
• 3/9/20 NYSED and NYS DOH released a joint guidance memo to schools
• 3/13/20 NYSED released Preliminary Guidance on the Preparation for Novel Coronavirus
(COVID-19) Outbreak in New York State
• 3/17/20 NYSED released Additional Guidance on Statewide School Closures Due to
Novel Coronavirus (COVID-19) Outbreak in New York State
• 4/2020 NYS DOH released NYS DOH Guidance on the Contacts of a Close or Proximate
Contact of a Confirmed or Suspected Case of COVID-19
• 5/21/20 NYSED issues memo School Health Examinations in Light of COVID-19 Pandemic
to allow for additional time for students to obtain required health examinations for
school attendance, and participation in sports.
• 6/8/20 NYS DOH released Interim Advisory for In-Person Special Education Services and
Instruction
• 6/14/20 NYS DOH released Updated Interim Guidance for Graduation Celebrations
• 7/02/20 NYS DOH released COVID-19 Travel Advisory
• 7/16/20 NYSED Issues Recovering, Rebuilding, and Renewing: The Spirit of New York’s
Schools - Reopening Guidance
• 7/22/20 NYSED Reopening FAQs School Reopening FAQs
• 7/27/20 NYSED released Reopening Guidance for Religious and Independent Schools
• 8/07/20 NYS DOH released Supplement to the Interim Guidance for In-Person
Instruction at Pre-K to Grade 12
• 8/12/20 NYS DOH released Interim Cleaning and Disinfection Guidance for Primary and
Secondary Schools for COVID-19
• 8/15/20 NYS DOH released Interim Guidance for Sports and Recreation.
• 8/26/20, the NYS DOH released Interim Guidance for In-Person Instruction at Pre-K-12
Schools Detailed Guidelines. This was an update to the Interim Guidance released on
7/13/21.
• 8/28/20 NYS DOH released a memo regarding school immunization requirements during
COVID-19
• School Immunization Requirements during COVID-19, reminding schools that all
students, including those attending remotely, may only attend school for 14 days (which
may be extended to 30 days) without proof of immunizations.
• 9/01/20 NYSED released Eligibility for Interscholastic Athletics, Inclusive Athletic and
Extracurricular Activities
• 09/2020 NYSED released Suggested Considerations in Planning Required Emergency
Drills for New York State Schools (Including Adjustments for the COVID-19 Pandemic)
• 09/09/2020 NYSED released 2020-2021 School Reopening – Instructional Models Report
and Report of School Closure and Report of School Re-Opening
• 10/12/20 NYS DOH released Guidance for School Administrators Regarding Limited
Temporary Enforcement of Student Immunization Requirement, extending the grace
period to 11/01/20 for remote learners to continue to attend remotely while obtaining
required immunizations.
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• 10/23/20 NYSED released Responding to the Challenges of Learning in Masked
Environments.
• 11/03/20 NYS DOH released, then revised on 12/4/21 Interim Guidance on Mandatory
COVID-19 Testing in Public and Non-Public Schools Located in Areas Designated as
"Yellow Zones" Under the New York State Cluster Action Initiative.
• 11/10/20 NYS DOH released Updated Guidance for School Administrators Regarding
Limited Temporary Enforcement of Student Immunization Requirement extending the
grace period to 12/11/20 for remote learners to continue to attend remotely while
obtaining required immunizations.
• 11/12/21 NYS DOH released then revised 11/14/21 ADDENDUM to Interim Guidance on
Mandatory COVID-19 Testing in Public and Non- Public Schools Located in Areas
Designated as "Yellow Zones" Under the New York State Cluster Action Initiative
October 9, 2020 (Updated November 12, 2020 )
• 11/30/20 the State released Governor Cuomo's Winter Plan to Combat COVID-19 Surge
In New York
• 12/1/20 NYSED and the NYS Center for School Health (NYSCSH) release a sample School
COVID-19 Testing Consent Form
• 12/03/20 NYSED released guidance on Recent Amendments to Education Law 2801-a
Regarding Pandemic Planning that require LEAs to adopt a continuation of operations
plan if the governor declares a public health emergency involving a communicable
disease
• 12/11/20 NYS DOH released Updated Guidance for School Administrators Regarding
Limited Temporary Enforcement of Student Immunization Requirement, extending the
grace period for remote learners to 1/10/21 to continue to attend remotely while
obtaining the required immunizations.
• 12/17/20 NYSED released revised memo School Health Examinations in Light of COVID-
19 Pandemic
• 12/26/20 the NYS DOH released a Health Advisory: Quarantine for Persons Exposed to
COVID-19 to align with CDC quarantine guidance changes.
• 1/10/21 the NYS DOH released Updated Guidance for School Administrators Regarding
Limited Temporary Enforcement of Student Immunization Requirement extending the
grace period to 2/9/21 for remote learners to continue to attend remotely while
obtaining the required immunizations.
• 1/22/21 the NYS DOH released the Interim Guidance For Sports and Recreation During
The COVID- 19 Public Health Emergency.
• February 2021 NYS DOH released a revised Pre-K to Grade 12 COVID-19 Toolkit
• 4/9/21 NYS DOH released guidance that directs schools to submit their revised
reopening plans to NYSED, and that local departments of health have enforcement
authority in schools: Interim Guidance for In-person Instruction at Pre-K to Grade 12
Schools During the COVID-19 Public Health Emergency
• 4/10/21 NYDOH released Updated Guidance for School Administrators Regarding
Limited Temporary Enforcement of Student Immunization Requirement, extending the
grace period for remote learners to obtain the required vaccines to 6/30/21.
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• 4/27/21 NYS DOH released revision of 4/12/21 guidance
• 5/13/21 NYS DOH released FAQs with specific section on schools SARS-CoV-2 Point of
Care (POC) Antigen Tests
#SeeYouInSeptember In-Person Learning Campaign
NYSED plans to launch a #SeeYouInSeptember communications campaign in the coming weeks
with the goal of having as many students as possible return to in-person learning full-time in
September 2021. The campaign's three objectives are:
Objective 1: For LEAS to do everything possible to be able to safely accommodate in-
person learning for all students, or as many as possible, on a full-time basis in Fall 2021,
prioritizing at-risk populations.
Objective 2: For LEAs to communicate with families and students about the importance
of safely returning to school in person in Fall 2021.
Objective 3: For parents/guardians and families to choose to send their children to
school in person, full time in Fall 2021.
NYSED will use a variety of platforms (social media, news release, webpage, video, and
newsletters) to disseminate messaging about the importance of sending students back into the
classroom in person. In addition, NYSED will provide LEAs with a communications toolkit for
them to target parents/guardians, families, and students directly, including template letters for
families and social media posts.
B.1.iii – Consultation with Federal, State, and Local Health Officials
NYSED has collaborated with the NYS DOH, which has been the lead state agency on all health
issues related to COVID-19. 56 NYS DOH consults directly with the Centers for Disease Control
and Prevention (CDC). 57 NYS DOH has provided school guidance on COVID-19 testing along with
antigen test kits to schools that either were required to conduct testing because they are in an
area with high transmission rates, or who chose to conduct testing in the schools. 58
B.1.iv – Guidance, Professional Learning and Technical Assistance to LEAs
NYSED contracts with the New York Center for School Health (NYSCSH) to provide guidance,
professional learning, technical assistance, and resources to assist school health professionals
and health educators. The NYSCSH is very responsive to schools’ needs, and created a NYSCSH
COVID-19 webpage that provides a wealth of information and resources, including:
• Trending Information and Updates;
• State and Federal Resources;
• Testing and School Data Reporting;
• School Specific Resources; and
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• COVID-19 Vaccine Information.
NYSCSH also provides professional development webinar sessions throughout the year on
various health related topics. 59 In fall 2020, NYSCSH held webinars on the NYS DOH COVID-19
toolkit, Suicide Safety Prevention Awareness, and Adverse Child Experiences and Trauma-
Informed Care in Schools. In October 2021, they will hold an in-person professional
development day for all LEAs, including school health professionals and health educators in the
state, that will include updates on COVID-19 and schools. 60 More information and recorded
webinars can be found on their Professional Learning Webpage. 61
In addition, the Office of Student Support Services also oversees two other contracted technical
assistance centers: the New York State Center for School Safety (CFSS) 62 and the Safe and
Supportive Schools Technical Assistance Center (SSSTAC). 63 One of the primary functions of the
CFSS is to provide technical assistance and professional learning to LEAs and schools. In January
2021, the CFSS began providing training to LEAs and schools on Developing LEA-wide and
Building-Level Emergency Response Plans under a USDOE-funded Grant to States for
Emergency Management (GSEM). 64 Additional recorded training resources on topics related to
measuring and improving school climate can be found at On-Demand Webinars.
The NYSED Teaching in Remote/Hybrid Learning Environments (TRLE) grant program, funded
through the USDE’s Education Stabilization Fund-Rethink K12 Education Models Grant fund,
also provides professional learning opportunities to LEAs across New York State. TRLE is being
implemented in three phases:
1. Phase 1 focuses on a rapid infusion of professional support in the field with an emphasis
on supporting educators in the 25 counties hardest-hit by COVID-19;
2. Phase 2 focuses on developing and disseminating statewide resources to support
remote/hybrid instruction, including a Quality Remote/Hybrid Teaching (QRT)
Framework and a series of competency-based professional learning experiences (PLEs);
and
3. Phase 3 focuses on providing statewide PLE trainings and in-field support for educators
to implement effective remote/hybrid instructional practices.
As of May 28, 2021, over 100 professional learning events have been held as part of the
implementation of Phase 1 focusing on the six core competencies of the TRLE program:
1. Shifting to Teaching Online;
2. Engaging Families as Partners in Remote/Hybrid Learning Environments;
3. Meeting the needs of Students with Disabilities through Remote/Hybrid Learning
Environments;
4. Meeting the needs of ELLs through Remote/Hybrid Learning Environments;
5. Integrating CRSE in Remote Learning Environments; and
6. Integrating SEL in Remote Learning Environments.
33
The Request for Proposals for development of phase 2 resources of the TRLE program has been
posted on the NYSED website and NYSED plans to identify successful bidders soon.
More information regarding the TRLE program can be found in Section D.1.i or on the TRLE
website which includes a list of professional leaning opportunities available to educators in any
LEA across NYS.
NYSED also utilized federal CARES Act SEA reserve funds to contract with the New York State
Association for Computers and Technology in Education to offer professional development
courses developed and facilitated by New York educators, aligned to New York State standards
and expectations of quality, that reflect an understanding of New York’s regional variations and
needs. NYSCATE will also provide two webinar series, one for teachers and one for
parents/guardians, on topics related to technology and remote learning.
B.2 Safe Return to In-Person Instruction and Continuity of Services
B.2.i.- Ensuing each LEA plan includes, or will be modified to include, the extent to which it has
adopted policies and description of any such policies on each of the strategies listed in table 4
In the first step of the application process for ARP ESSER funds, in May of 2021, each LEA was
required to submit a set of assurances that certify the LEA will meet the requirements in section
2001(i) of the ARP Act and the ARP ESSER Interim Final Requirements, which include assurances
signaling that within 30 days of receipt of the funds, LEAs will develop and make publicly
available on the LEA’s website a plan for the safe return to in-person instruction and continuity
of services.65
B.2.ii.- Ensuring continuity of learning
The second step will be the of the application process for ARP ESSER funds will require LEAs to
submit a full application and budget to NYSED. Part two of the application will be issued in the
coming weeks. In part two of the application, LEAs will submit narrative responses within the
ARP ESSER application for funds that describe:
• The extent to which and how the funds will be used to implement prevention and
mitigation strategies that are, to the greatest extent practicable, consistent with the
most recent CDC guidance on reopening schools, to continuously and safely open and
operate schools for in-person learning;
• How the LEA will use the funds it reserves under section 2001(e)(1) of the ARP Act to
address the academic impact of lost instructional time through the implementation of
evidence-based interventions, such as summer learning or summer enrichment,
extended day, comprehensive afterschool programs, or extended school year;
• How the LEA will spend its remaining ARP ESSER funds consistent with section
2001(e)(2) of the ARP Act; and
34
• How the LEA will ensure that the interventions it implements, including but not limited
to the interventions implemented under section 2001(e)(1) of the ARP Act to address
the academic impact of lost instructional time, will respond to the academic, social,
emotional, and mental health needs of all students, and particularly those students
disproportionately impacted by the COVID-19 pandemic, including students from low-
income families, students of color, English learners, children with disabilities, students
experiencing homelessness, children in foster care, and migratory students.
B.2.iii.- SEA review of LEA plans
B.2.iv - LEA implementation of the most up-to-date CDC guidance listed in table 4
Prior to application approval, each application will receive a comprehensive review by trained
NYSED staff to ensure compliance with each of the requirements in 2001(i) of the ARP Act and
the requirements relating to the ARP ESSER funds published in the Federal Register.
As part of the technical assistance and comprehensive monitoring of ARP funds, NYSED will
ensure that the LEA periodically reviews, at least every six months for the duration of the ARP
ESSER grant period (i.e., through September 30, 2023), and revises as appropriate, its plan for
safe return to in-person learning and continuity of services. NYSED will ensure that the LEA
seeks public input and that the LEA takes such input into account regarding (1) whether
revisions are necessary and, if so, (2) that the revisions to the plan are informed by stakeholder
input.
On May 19, 2021, NYSED issued a memorandum to LEAs on the two federally required ARP
ESSER plans (see Appendix D).
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C. PLANNING FOR THE USE AND COORDINATION OF ARP ESSER FUNDS
C.1 SEA Consultation
Ongoing SEA Consultations with the Public
Monthly Stakeholder Meetings
Each month, the Commissioner and senior NYSED staff meet with the leadership of numerous
stakeholder groups including the New York State United Teachers, the New York State Council
of School Superintendents, the New York State School Boards Association, the Big 5 Schools,
the Council of School Supervisors and Administrators, Empire State Supervisors and
Administrators Association, New York State Federation of School Administrators, New York
State Parent and Teacher Association, and the School Administrators Association of New York
State. Since the start of the pandemic, these meetings have included seeking and receiving
ongoing input and feedback from these groups on what is working well and what challenges
have arisen because of the pandemic. Similarly, the Commissioner and staff meet monthly with
the BOCES District Superintendents seeking the same information. These meetings have
informed the guidance NYSED issued since March 2020. The May 2020 stakeholder meetings
were devoted to seeking feedback from the stakeholders on these three questions:
1. What has worked best to serve your students, teachers, families, communities, and your
LEAs during the 2020-2021 school year? What successful practices would you like to
continue into the 2021-2022 school year?
2. What have been the challenges for your students, teachers, families, communities, and
your LEAs during the 2020-2021 school year? What would help you address these
challenges in the 2021-2022 school year?
3. What guidance, support or regulatory flexibility is needed from SED so that you can
better serve your students and families in the upcoming school year?
The information gathered during these meetings were considered by NYSED in developing
reopening guidance as well as future guidance to help support LEAs as they prepare to return to
school in the 2021-2022 school year.
Regional Task Force Meetings
During Regional Task Force Meetings held in summer 2020, stakeholders discussed the variety
of student, family, and school personnel needs that must be addressed during transitions back
to school. Students were a key stakeholder group represented in these meetings. Student voice
was actively sought out, and they were given an opportunity to share their perspective
throughout the pandemic including experiences with remote, hybrid, and in-person instruction.
LEAs and district superintendents, were asked to encourage students from a wide variety of
backgrounds to participate.
36
Overall, many students, families, and staff expressed concern that students and staff will return
with fear or anxiety, and school and district staff will need to balance physical safety with social
emotional needs. 66 Stakeholders expressed concern over local capacity to address increased
social emotional needs with existing staff, and discussed opportunities to better position
existing staff to build capacity to enhance student and family engagement, trauma-responsive
practices, social emotional learning, restorative practices, and fostering relationships, within
both in-person and virtual environments.67 They also expressed concerns about screen time for
students should remote or hybrid learning be necessary, and the ability of students and families
to access resources during periods of remote learning.
The guiding principles resulting from feedback received at the Regional Task Force Meetings,
including feedback received from student participants, were:
• The health, safety, and well-being of the children and adults is paramount;
• Educational equity will be at the forefront of decision-making;
• One size does not fit all. New York is a large state, in population and size. There is
tremendous diversity among New York’s people, geographic regions, and schools and
LEAs;
• While it is important to provide LEAs with guidelines and policies, it is important as well
to give them appropriate leeway to develop creative solutions to their unique
challenges;
• LEAs will be enabled and encouraged to work directly with parents/guardians, teachers,
administrators, and their local communities to develop and deliver workable solutions
to their unique needs and succeed through a collective effort; and
• Planning for schools to reopen is not a one-time event. The Board and Department will
continuously monitor the situation and provide updated guidance, policies, and
regulatory changes as the situation requires.
Stakeholders, including student participants, also stressed the importance of clear
communication with all stakeholders, including students, families, staff, and community, and
considered how community partnerships could be leveraged to increase capacity. They
recommended that social and emotional wellbeing be prioritized during transitions back to
school and for as long as necessary to appropriately support student needs and emphasized
that physical and emotional safety is necessary for the brain and body to be ready to learn.
Finally, stakeholders stressed the critical need to address adults’ social emotional needs before
the return to school and on an ongoing basis. Adults must have systems of support including
meaningful peer relationships, opportunities to connect, and resources to support self-care.
Without these supports in place, adults will not have optimal capacity to support the needs of
students and families. This formative input shaped the Social Emotional Well-Being section of
Recovering, Rebuilding, and Renewing: The Spirit of New York’s Schools: Reopening Guidance
pages 64-74.
37
NYSED plans to add artifacts of these public engagement activities in future versions of this
plan.
Office of Bilingual Education and World Languages
The Office of Bilingual Education and World Languages (OBEWL) convened the ELL Leadership
Council, a group of district administrators (ELL Directors and Assistant Superintendents) from
the 41 districts that have the highest ELL enrollments within New York State. 68 This group has
met regularly throughout the pandemic with the Associate Commissioner and staff to share
information, identify student needs, and address concerns. In addition to these convenings,
NYSED developed multiple working groups comprised of members of NYSED staff and the
Leadership Council. These working groups focused on five key issues: Social Emotional Learning;
Regulatory Compliance; Progress Monitoring, Feedback and Engagement Strategies;
Strengthening ELL Instruction in Response to COVID-19 Closures; and Adapting ELL Instruction
in a post COVID-19 Learning Environment. The result of these working groups included the
development of new guidance that was distributed to the field and is published on the OBEWL
website. 69
OBEWL staff have also held multiple meetings with advocacy groups throughout the State,
including the New York State Association of Bilingual Educators, the New York State Teachers of
English to Speakers of Other Languages, SOMOS, Inc., the Hispanic Federation, and others, to
gather feedback from stakeholders, help share the work and updates from NYSED, and
disseminate effective practices.
OBEWL has maintained a partnership with the City University of New York Initiative on
Immigration and Education (CUNY IIE). 70 The goal of this program is to create opportunities for
educational stakeholders to learn from immigrant students, families, and educators directly
impacted by restrictive immigration policies and educational inequality. CUNY IIE has created a
series of videos and guidance resources to provide information for administrators, teachers,
and community members named “Supporting Immigrants in School.” 71
Office of Special Education
The NYSED Office of Special Education (OSE) meets frequently with various stakeholder groups
representing the interests of students with disabilities. 72 These stakeholder groups include, but
are not limited to, the Commissioner’s Advisory Panel for Special Education Services, Youth
Advisory Panel (a group comprised of student leaders with disabilities), Board of Cooperative
Educational Services Special Education Directors, the Conference of the Big 5 City School
Districts (New York City, Buffalo, Rochester, Syracuse and Yonkers), NYS Coalition of 853
Schools, Special Act School District Coalition, 4201 School Association, Birth to Five Coalition,
Interagency Council of Developmental Disabilities Agencies (IAC), Cerebral Palsy Associations of
New York State (CP of NYS), The Alliance for Children with Special Needs, The ARC New York,
ACTS Agencies for Children's Therapy, Advocates for Children, Birth to Five Coalition, and other
38
parent and community advocacy groups, and organizations representing educators,
administrators and school leaders. 73
The OSE Educational Partnership, NYSED’s primary professional development network for
special education, also engages parents/guardians, families and LEA staff regarding issues that
impact the education of students with disabilities. 74 With 16 regional teams across the State,
the OSE Educational Partnership continually engages with parents/guardians and LEA personnel
to gather information and feedback at the local level. 75 NYSED’s OSE relies on this
communication to both disseminate State and federal guidance related to education of
students with disabilities during the COVID-19 pandemic and receive specific information
regarding ever evolving needs identified by our primary stakeholders. 76
The NYSED School Reopening Plan included a priority that high need students, including
students with disabilities, would return to in-person learning. OSE released several guidance
documents to support LEAs and programs in ensuring the safety of students with disabilities
while meeting their unique needs during the COVID-19 pandemic and continues to provide
frequent guidance to the field in response to expectations and challenges to providing
education to students.77 OSE has dedicated an electronic mailbox where it received over 2,100
questions and/or comments from parents/guardians, families, advocates, schools, and
agencies. These questions inform the guidance and written communication issued by OSE. For
the 2021-2022 school year, OSE will issue additional guidance regarding the extended school
year and compensatory services for students with disabilities.
OSE staff has led virtual meetings in every region of the State where groups of LEA special
education administrators had the opportunity to ask questions and seek clarification regarding
State and federal guidance related to COVID-19 and the education of students with disabilities.
These meetings included over 1,000 participants representing most of the State’s LEAs.
Office of ESSA-Funded Programs
The Office of ESSA-Funded Programs solicited input from all McKinney-Vento liaisons statewide.
The team also reached out to all regional Migrant Education Program directors and its Title I
Committee of Practitioners. The Committee of Practitioners meets at least quarterly and if
needed, materials for comment are distributed between meetings. Like many other stakeholder
groups, NYSED conducts regular communications throughout the year to McKinney-Vento
liaisons and Migrant Education Program directors regarding supports for impacted students
through listservs and other NYSED communications. To facilitate input on the State ARP plan,
NYSED conducted outreach to these groups to coincide with the launch of a NYSED ARP ESSER
ThoughtExchange platform (see “Solicitation of Public Input on the ARP ESSER Plan” below).
Digital Equity Summits
The Board of Regents and the State Education Department convened Digital Equity Summits in
2021 to establish a shared understanding of digital inequity in the state and to create a joint
39
vision for achieving digital equity. 78 The summits brought together education, government,
community, and business partners from across the state, including student leaders, to develop
recommended next steps in the short-term and long-term involving business, industry,
community organizations and all levels of government to benefit students and their families. 79
Following Summits 1 and 2 (held in February and March 2021), NYSED compiled the feedback
received, and used an equity lens for analysis, and identified existing and emerging solutions
that can serve as exemplars for digital equity work in the state. This work will help to identify
opportunities for systems and policy change. On June 8, 2021, NYSED will present a report to
the Board of Regents that outlines priority areas for focus and future attention. NYSED will host
a third and final Summit on June 15, 2021 that will focus specifically on digital equity and
inclusion efforts in P12 education. Participants will provide specific strategies, tools, and
recommended solutions that other districts and schools can replicate in the key areas of
Instruction and Digital Content, Devices and Broadband Access, and Community Connections
and Support. The goal of the third Summit will be to identify both barriers and
solutions/supports to better target future funding and/or programming and positively impact
the digital divide in New York State.
Solicitation of Public Input on the ARP ESSER Plan
As LEAs develop their ARP ESSER plans, they must take into consideration the allowable use of
these funds. LEAs may use their ARP ESSER allocations to invest in extended day, week, and
year programming with a focus on accelerating student learning, supporting students’ social
emotional needs, and providing students with engaging enrichment opportunities. LEAs have
the discretion to allocate funding to best meet local needs.
To provide LEAs with input and feedback from the public as they develop their ARP ESSER Plans,
NYSED performed direct outreach to a wide range of stakeholders in NYS through an online
“Thought Exchange” application to solicit input on the ARP ESSER plan. The ThoughtExchange
platform was facilitated through a partnership with the Capital Region BOCES and was
accessible in multiple languages.
To ensure a wide range of feedback representative of the diversity across NYS, NYSED issued a
press release regarding the opportunity to provide public input on the NYS ARP ESSER Plan. A
one-page guide translated into 11 different languages, was created to provide background and
instructions on how to submit public comment. A wide range of stakeholders, listed in
Appendix E, were directly sent information on the ThoughtExchange and how to access it.
In addition, NYSED promoted the survey through its social media channels (Twitter with 36,900
followers, Facebook with 19,500 followers and LinkedIn with 12,500 followers) and sent out
information through its listservs which reach hundreds of thousands of New Yorkers. This
outreach resulted in news coverage across New York State as well as features regarding this
40
public input opportunity on a wide variety of stakeholder websites including those of civil rights
organizations and LEAs.
Participants were highly engaged via “ThoughtExchange,” an online conversation tool NYSED
used to crowdsource thoughts and ideas. Participants’ comments are captured in an online
report that shows the top ranked thoughts and groups them together by keywords under
themes.
Through the ThoughtExchange Platform, NYSED posed one open-ended question to which
participants responded confidentially: “As we prepare for the next school year in New York,
what are the most important academic, social emotional, and/or mental health supports for
schools to provide to serve all students (i.e., general education students, students with
disabilities, English language learners, and others)?” Participants could post their own thoughts,
see posts by other users, and rate posts on a scale of 1-5, allowing the most common or shared
“thoughts” to rise to the top.
As mentioned in Section A.3, as of May 26, 2021, almost 5,000 participants have provided 6,844
unique responses and over 95,000 ratings of the responses shared by stakeholders. Of the
respondents, 37% are parents/guardians of a current student, 37% are faculty, staff, or an
educator, 6% are district level administrators, 3% are building-level administrators, and 14%
identify as “other.” Respondents participated from across NYS with the following distribution:
• Capital Region: 11%
• Central NY: 8%
• Finger Lakes: 7%
• Long Island: 14%
• Lower Hudson Valley: 7%
• Mid-Hudson Valley: 9%
• Mohawk Valley: 2%
• New York City: 25%
• North Country: 3%
• Southern Tier: 5%
• Western New York: 9%
The most frequently identified needs (responses with most consensus and the highest ratings)
are:
1. More counselors and resources to support social emotional learning and mental health
for students and faculty;
2. Smaller class sizes and/or student-to-teacher ratios that allow for more individualized
instruction; and
3. More teacher-selected classroom resources to meet the specific needs of their students.
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The top themes that emerged from the comments, in order of prevalence, were:
1. Graduation pathways, special classes for students, and extracurricular activities;
2. Social emotional supports;
3. Academic supports and services;
4. Technology equipment and supplies;
5. Professional development;
6. Community support and engagement;
7. In-person instructional supports; and
8. Health and safety.
These themes will be shared with LEAs through the dissemination of this report and on the
NYSED ARP ESSER website with the purpose of providing LEAs with public engagement data to
inform the development of their ARP ESSER Plans.
A full report of the Thought Exchange data is available in Appendix F.
C.2 - Coordinating Funds
C.2.i – Use of Federal COVID-19 Funding
New York State was allocated $1.037 billion in Elementary and Secondary School Emergency
Relief (ESSER 1) funds. All but $5.2 million in ESSER 1 funding was awarded to LEAs that
received 2019-2020 Title I, Part A subgrants, including charter schools, Special Act School
Districts and school districts employing fewer than eight teachers. Pursuant to the terms of the
CARES Act, LEA allocations were calculated using the relative shares of grants awarded under
Title I, Part A of the Elementary and Secondary Education Act (ESEA) for the most recent fiscal
year (2019-2020).
The $5.2 million SEA reserve is being used as follows:
• $2.5 million to leverage the resources and experience of community-based partners to
build capacity for parent and family support, including but not limited to family
adjustment and resources, particularly in high-need communities;
• $1.35 million to provide instructional technology support to assist school districts in
providing online learning;
• $1.25 million to support NYSED staff engaged in COVID-19 response; and
• $104,778 for NYSED administration of ESSER 1 funds.
New York State was allocated $164.2 million in Governor’s Emergency Education Relief (GEER 1)
funding. Pursuant to the 2020-2021 enacted State budget, all but $24.9 of the $164.2 million in
GEER 1 funding was awarded to the State’s 673 major school districts using the relative shares
42
of grants awarded under Title I, Part A of ESEA for the most recent fiscal year (2019-2020).
NYSED is retaining $24.9 million for administration of GEER 1 funds.
New York State was allocated just over $4 billion in Elementary and Secondary School
Emergency Relief (ESSER 2) funds under the Coronavirus Response and Relief Supplemental
Appropriations Act, 2021 (CRRSA Act). $3.6 billion (90 percent) has been allocated to LEAs,
including charter schools that are LEAs. Pursuant to the terms of the CRRSA Act, LEA allocations
have been calculated using the relative shares of grants awarded under Title I, Part A of the
ESEA for the most recent federal fiscal year (2020). $395 million in ESSER 2 SEA reserve funds
has been allocated to provide LEAs of lower wealth with a minimum per pupil allocation. $5.1
million in ESSER 2 SEA reserve funds is being used by NYSED for administration.
New York State was allocated $322.9 million under CRRSA’s Governor’s Emergency Education
Relief (GEER 2) Fund. Of the $322.9 million, $250.1 million is for a new Emergency Assistance to
Non-Public Schools (EANS) grant program. The remaining $72.8 million in GEER 2 funds has
been allocated to provide LEAs of lower wealth with a minimum per pupil allocation.
C.2.ii – ESSER I and ESSER II Funds Awarded/Available to LEAs
NYSED issued LEA allocations for the Coronavirus Aid, Relief, and Economic Security (CARES) Act
funding on July 20, 2020. When the USDOE equitable services Interim Final Rule was
invalidated, NYSED made the necessary changes to the application form and guidance and re-
issued the application on October 26, 2020 (the allocations remained unchanged). NYSED
invited eligible LEAs to submit a single CARES Act Combined Funding Application for both ESSER
1 and, if applicable, Governor’s Emergency Education Relief Fund (GEER 1), funding using the
SED Monitoring and Vendor Reporting System. Completed applications were due by November
23, 2020 (with extensions by request) and were reviewed on a rolling basis. At the same time,
NYSED issued guidance to LEAs regarding the uses of both GEER 1 and ESSER 1 funds.
Pursuant to the terms of the 2020-2021 enacted state budget, GEER 1 funding was allocated to
the State’s 673 eligible school districts.80 Similarly, ESSER 1 funds to LEAs were also
programmed in the 2020-2021 enacted New York State budget .81 ESSER 1 funding (both the
required 90% minimum allocation to LEAs and all but $5.2 million in SEA reserve funds) was
allocated to NYS’ LEAs, including charter schools and Special Act School Districts, that received
2019-2020 Title I, Part A subgrants. NYSED staff reviewed and approved applications and Grant
Award Notifications were issued for more than 1,000 LEAs that applied for funds by May 4,
2021 – the one-year anniversary of receipt of funds.
On May 4, 2021, NYSED issued LEA allocations for the Coronavirus Response and Relief
Supplemental Appropriations Act (CRRSA Act) ESSER 2 funding.82 New York State was allocated
just over $4 billion under the CRRSA Act’s Elementary and Secondary School Emergency Relief
(ESSER 2) Fund. Pursuant to the terms of the CRRSA Act, minimum 90% LEA allocations were
calculated using the relative shares of grants awarded under Title I, Part A of the ESEA for the
most recent federal fiscal year (2020). In addition, New York State was allocated $72.8 million
43
under CRRSA’s Governor’s Emergency Education Relief (GEER 2) Fund. The 2021-2022 enacted
state budget directed that $395 million in ESSER 2 SEA reserve funds and the full $72.8 million
of GEER 2 funds be allocated to provide LEAs of lower wealth with a minimum per pupil
allocation. NYSED is retaining $5.1 million in ESSER 2 SEA reserve funds for administration.
On May 10, 2021, NYSED invited eligible LEAs to submit a single CRRSA Act Combined Funding
Application for both ESSER 2 and, if applicable, GEER 2, funding. Completed applications are
due by June 15, 2021 and will be reviewed on a rolling basis. LEAs have been encouraged to
submit completed applications as soon as possible to expedite the review and approval process
of CRRSA Act funding. To date, approximately 20 LEA applications have been received and are
currently under review. Funds will be awarded upon completion of a standardized review
process. 83
C.2.iii – Use of Other Federal Funding
Office of ESSA-Funded Programs
On April 6, 2020, the USDOE offered states the ability to apply for waivers related to the
expenditure of School Year (SY) 2018-2019 and 2019-2020 funds. NYSED pursued several
waivers to ensure that LEAs could be afforded the maximum flexibilities allowable. These
waivers included, but were not limited to, waiving the statutory limit on carryover for Title I,
Part A funds; flexibility under Title II, Part A to provide professional development for educators
to meet the immediate needs of children whose education has been severely disrupted by
school closures; and increased flexibility in the use of Title IV, Part A funds to support continuity
of services. As a result of these USDOE-approved waivers, LEAs were able to take advantage of
the following flexibilities:
• The period of availability for school year SY 2018-2019 funds has been extended through
the end of school year 2020-2021. LEAs will continue to have access to 2018-2019 funds
through the carryover process by submitting an FS-10A budget amendment;
• LEAs could carryover up to 100% of 2019-2020 Title I, Part A funds to use during the
2020-2021 school year to meet new identified needs without submitting a waiver
request to NYSED;
• For school year 2019-200 Title II, Part A funds, flexibility has been granted to the
meaning of professional development as defined in section 8101(42) of ESEA. Therefore,
LEAs were not required to provide only sustained professional development activities,
but may also provide one-time, stand-alone training (if needed) to better meet the
needs of teachers and students during this time;
• For SY 2019-2020 funds, LEAs with Title IV, Part A allocations of $30,000 or more were
no longer required to conduct a formal needs assessment to be eligible to receive the
LEA’s allocation or make changes to planned use of funds;
• For SY 2018-2019 and SY 2019-2020, LEAs with Title IV, Part A allocations of $30,000 or
more are no longer required to meet the content area spending requirements of using
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at least 20 percent of funds received for Well-Rounded Educational Opportunities, at
least 20 percent for Safe and Healthy Students, and a portion of funds for the Effective
Use of Technology in section 4106(e)(2)(C), (D), and (E); and
• For SY 2018-2019 and SY 2019-2020, all LEAs that received Title IV, Part A funds were no
longer required to limit the expenditure of funds for technology infrastructure to no
more than 15% of the portion of funds obligated for the Effective Use of Technology.
On December 4, 2020, the USDOE offered states the ability to apply for waivers related to the
expenditure of School Year 2020-2021 Student Support and Academic Enrichment Grant
Program (Title IV, Part A of the Elementary and Secondary Education Act of 1965 (ESEA)) funds.
NYSED immediately pursued the waivers to ensure that LEAs could be afforded the maximum
flexibilities that were available. Pursuant to USDE’s authority under section 8401(b) of the ESEA,
NYSED was granted a waiver, on behalf of all local educational agencies (LEAs), to waive the
following requirements in Title IV, Part A of the ESEA:
• Section 4106(d) of Title IV, Part A of the ESEA, related to LEA needs assessments for the
2020-2021 school year;
• Section 4106(e)(2)(C), (D), and (E) of Title IV, Part A of the ESEA, with respect to content-
area spending requirements for Federal fiscal year (FY) 2020 Title IV, Part A funds; and
• Section 4109(b) of Title IV, Part A of the ESEA, with respect to the 15% spending
limitation for technology infrastructure for FY 2020 Title IV, Part A funds.
These waivers provide LEAs the opportunity to leverage their federal Title funding in
coordination with the CARES and CRRSA funding to support a safe return to and safely
maximize in-person instruction, sustain these operations safely, and address the
disproportionate impact of the COVID-19 pandemic on individual student groups (including
students from low-income families, children with disabilities, English learners, racial or ethnic
minorities, students experiencing homelessness, children and youth in foster care, and
migratory students).
Office of Student Support Services
The NYSED Office of Support Services applied for, and subsequently was approved for, the
federal waiver made available to 21st Century Community Learning Centers (21st CCLC - Title IV
Part B which primarily serves low-income students and their families), to provide services to
students to help them stay engaged with their remote classes during the school day when
students were not physically present in school.84 The 21st CCLC program office and the two
21st CCLC Technical Assistance Centers (TACs) provided guidance and resources to 21st CCLC
subgrantee lead educational agencies (LEAs), and community-based organizations (CBOs) in
partnership with LEAs, to support outreach efforts to meet the most immediate needs of
participating students (over 60,000 statewide) and their families, including delivering lunches,
delivering school supplies and take-home packets, as well as providing innovative and engaging
virtual and in -person enrichment programming. 85 They also assisted and supported students
and families with troubleshooting remote learning tools/technology, hosting informal virtual
45
meetings for parents/guardians to connect and share best practices for virtual learning, helping
families find foodbanks and food pantries to address food scarcity issues, providing students
and families with COVID related resources such as information on COVID testing sites in NYC,
quarantine protocols, and places to get free personal protective equipment (PPE).
Schools relied on their 21st Century Community Learning Center (CCLC) community-based
organization partners to stay connected to the needs of families in their communities. The
program office was able to facilitate, via their 21st CCLC Technical Assistance Center’s (TAC),
weekly check-ins with families via Zoom and other platforms and held regular town hall
meetings to assess student and family needs. The 21st CCLC TACs also provided webinars to
support subgrantees on the following COVID-related topics: Effective Trauma Responses for
Working with Schools and Communities, Mental Health Self Care, and Building Back Together:
Recovery After COVID-19. 86
The Office of Student Support Services also amended two Community School TAC (CSTACs)
contracts with Fordham University and the Research Foundation of SUNY on behalf of
Binghamton University.87 The amendments are supported by $2.5 million in ESSER 1 (CARES
Act) SEA reserve funds. The CSTACs are using the funding to partner with and convene
community and faith-based organizations, as well as LEAs, to leverage the resources and
experience of community-based partners to build capacity for parent and family support,
support LEAs and build local capacity, and meet the social emotional and mental health needs
of students, family and staff members while addressing transportation issues, with particular
focus placed on addressing the needs of special populations and demographic groups most
adversely impacted by coronavirus. 88
Office of Child Nutrition
The Office of Child Nutrition administered over $73 million to schools through the Consolidated
Appropriations Act, 2021, which provides funding for School Food Authorities that received less
reimbursement in March – June of 2020 than they would have typically received if not for
school shutdowns.
The Office of Child Nutrition is also administering funds to School Food Authorities to reimburse
local-level administrative costs associated with Pandemic Electronic Benefit Transfer (P-EBT)
made available through the Continuing Appropriations Act, 2021 and Other Extensions Act (P.L.
116-159) and Sec. 721 of the FY 2021 Omnibus and COVID Relief Response Act (P.L. 116-260).
Office of Bilingual Education and World Languages
The Office of Bilingual Education and World Languages (OBEWL) worked with LEAs to modify
Title III budgets to create new programs and provide other supports that address the inequities
of remote and hybrid learning on English Language Learners (ELLs) and their families. 89 This has
included adoption of supplemental online tools that help ELLs engage with the virtual
classroom, professional development that addresses the special needs of ELLs in remote
46
learning, and—when allowed by USDOE—the ability to purchase equipment and support high
speed internet for families that otherwise were unable to access their online classes. 90
OBEWL has also provided additional state funding to 25 school districts that had the largest
number of English Language Learners who dropped out of high school last year. This funding
will provide additional intensive tutoring by qualified English as a New Language (ENL) teachers,
as well as funding for additional counselors and social workers to ensure that the academic,
social, emotional, and mental health needs of the English Language Learner and Immigrant
students are being met.
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D. MAXIMIZING STATE-LEVEL FUNDS TO SUPPORT STUDENTS
D.1 - Academic Impact of Lost Instructional Time
D.1.i – Evidence-Based Interventions and Ongoing Evaluation
The 2021-2022 enacted state budget fully allocated the three required SEA reserves under
section 2001(f)(1) of the ARP Act as subgrants to 398 LEAs. Similar to NYSED’s administration of
school improvement plans and related grant programs, NYSED plans to provide the 398 LEAs
with a list of evidence-based interventions, and will require these 398 LEAs to utilize subgrant
funds to implement evidence-based interventions either chosen from the NYSED-selected list or
from another reputable source (e.g., What Works Clearinghouse). NYSED will provide technical
assistance to support implementation and will monitor LEA progress in implementation efforts
on an ongoing basis. (Please see Evidence-Based Interventions for an example of how NYSED
provides guidance to schools and LEAs on how to identify and select evidence-based
interventions.)
Previous efforts to identify promising practices have often relied on self-reporting from high-
performing schools, with little assessment of local context, generalizability, or scalability of the
specific practice. To capture, test, and scale promising practices as they emerge, NYSED will
encourage the coordination of cohorts of LEAs through BOCES, NYSED stakeholder groups, and
effective practice sharing opportunities, to facilitate interorganizational learning. Through
programs like NYSED’s TRLE grant program, all LEAs will be encouraged to participate in
voluntary cohorts focused on specific problems of practice emerging from the identified needs
of students because of the COVID-19 pandemic. Guided by the Regional Educational Laboratory
Northeast and Islands, a USDOE-funded center that translates research to practice in
partnership with policymakers and practitioners in Connecticut, Maine, Massachusetts, New
Hampshire, New York, Puerto Rico, Rhode Island, the U.S. Virgin Islands, and Vermont, Toolkit
on Continuous Improvement, as highlighted in the USDOE’s COVID-19 Handbook v.2, NYSED will
encourage facilitators to guide cohorts toward the identification and sharing of best practices
and encourage stakeholder groups to provide the capacity support necessary for individual
LEAs as they test, document, and disseminate promising practices in a variety of contexts and
working with various student populations. For an example of how NYSED supports educators,
schools, and LEAs in interorganizational learning, see the TRLE website, which provides a
summary of NYSED’s federal Rethink K-12 Education Models Grant.
Based on NYSED’s review of data, community input, and research on evidence-based practices
to address lost instructional time and close performance gaps, LEAs will be able to use their
allocations of SEA reserve ARP ESSER funds to address the impact of lost instructional time as
follows:
• LEAs, based on locally available data, public engagement feedback, including from
students, families, and educators, and data disseminated to LEAs from the NYSED ARP
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ESSER ThoughtExchange platform (see Section C.1 and Appendix F), will determine how
they use these grant funds to have the greatest impact on their students and
communities. ThoughtExchange data brought into focus that, as indicated by the top
comments received and ranked, ameliorating the effects of lost instructional time will
need to include addressing academic needs (including academic enrichment) as well as
social emotional/mental health needs. Furthermore, guidance from NYSED directed
LEAs to focus interventions and supports pertaining to the academic, social, emotional,
and mental health needs of all students, particularly those students disproportionately
impacted by the COVID-19 pandemic, including students from low-income families,
students of color, English learners, children with disabilities, students experiencing
homelessness, children in foster care, and migratory students. 91 NYSED will support
LEAs as they use their SEA reserve ARP ESSER allocations to support evidence-based
interventions that address the academic impact of lost instructional time. A key goal is
to accelerate learning for all students and close performance gaps; and
• As the LEAs select evidence-based interventions, NYSED will work with LEAs, under the
general framework of DEI as described in Section A of the plan, to integrate SEL and
CRSE approaches in ways that will support students to recover and grow following the
pandemic. NYSED is preparing a series of briefs to provide technical assistance to LEAs in
implementing CRSE principles. The roadmap for implementation is forthcoming. In
addition, NYSED, through a lens of equity, is updating guidance pertaining to equity
focused SEL to better support young people and adults in schools, families, and
communities, and strengthening identity, agency, and belonging through the five core
SEL competencies of self-awareness, self-management, social awareness, relationship
skills, and responsible decision-making. NYSED has convened a workgroup comprised of
internal NYSED partners, the NYC Department of Education (DOE), parents/guardians,
students, BOCES, and teachers, among others, to help guide this work.
To ensure that the SEA reserve funds granted to LEAs for evidence-based interventions to
address the academic impact of lost instructional time will be used only to address learning loss
consistent with section 2001(f)(1) of the ARP Act, NYSED will provide clear guidance to LEAs on
the required use of such funds, including examples of best practices of evidence-based
interventions that LEAs may consider implementing to address the academic impact of lost
instructional time. All LEA application materials, including budgets and budget narratives, will
be reviewed by NYSED program staff for allowability and consistency with the requirements of
the ARP Act. Staff completing reviews will be provided with training prior to conducting
application reviews. Reviewers will also be engaged in subsequent trainings using a community
of practice approach to help troubleshoot questions or concerns that arise throughout the
review process. Post award, NYSED will monitor each LEA’s use of ARP ESSER SEA reserve funds
to ensure compliance with all applicable requirements, including but not limited to ensuring
that funds are used in a manner that is consistent with section 2001(f)(1) of the ARP Act for
allowable purposes.
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D.1.ii – Differentiated and Targeted Interventions through MTSS-I
NYSED will support LEAs in implementing evidence-based interventions within MTSS-I, an
overarching priority in NYSED’s ARP ESSER Plan.92 With the support of a State Personnel
Development Grant (SPDG), 93 NYSED is developing and implementing a pilot program to
establish MTSS-I as a framework that helps educators prioritize the needs of the whole child
and integrates academic, behavioral, and social emotional support within a culturally
responsive and sustaining framework. 94 The multi-tiered system of supports helps LEAs and
schools prioritize interventions by establishing tiers of support. School-based multi-tiered
systems of support (MTSS) focuses on providing interventions to students whereas MTSS-I
(“Statewide Integrated MTSS”) focuses on the larger systemic components (e.g., groups of
students across schools/LEAs, schools, or groups of schools). The purpose of MTTS-I is to better
align interventions with the needs of communities and individual students (see Figure 1). NYSED
is currently expanding MTSS-I to all LEAs and will use the framework in Figure 1 to help LEAs
identify and deliver evidence-based interventions with ARP ESSER funds.
Figure 1. MTSS and MTSS-I
New York State
At the core, the MTSS process, both school-based and integrated statewide, is a continuous
improvement process that uses data to identify and analyze challenges, select evidence-based
interventions, and target them to the appropriate student(s)/school(s), and then evaluate the
effectiveness of the interventions. Please see section A.4 for a description of NYSED’s approach
to collecting data during and after the pandemic; these data sources, as well as others collected
by the LEAs and schools, will be used to drive the continuous improvement process.
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The MTSS/MTSS-I processes directly address the disproportionate impact of COVID-19 across
our diverse communities by ensuring that solid data sources inform the kind, form, amount,
and implementation of evidence-based interventions at all levels.
D.1.iii – Identifying Most Vulnerable Students
NYSED has already implemented data reporting systems that allow schools, LEAs and NYSED to
identify those students who missed the most in-person instruction during the COVID pandemic,
as well as those students who did not consistently participate in remote instruction. Please see
Section A.5 for details.
D.2 – Evidence-Based Summer Learning and Enrichment Programs
Based on NYSED’s review of data, community input, and research on evidence-based summer
learning and enrichment programs to address the academic, social, emotional, and mental
health needs of students, LEAs will be able to use their allocations of SEA reserve summer
learning ARP ESSER funds as follows:
• LEAs will determine how to use these grant funds to have the greatest impact on their
communities through expanded summer learning opportunities. NYSED will support
LEAs in using these funds to support evidence-based summer learning and enrichment
interventions that address the academic, social, emotional, and mental health needs of
students.
• As the LEAs select summer learning-focused evidence-based interventions, NYSED will
provide LEAs with best practices and guidance to enable SEL and CRSE approaches to be
integrated in ways that will support student recovery and development following the
pandemic. NYSED program staff will work with experts in summer learning to identify
evidenced-based research interventions to share with LEAs as they implement summer
learning programs.
• To help facilitate strong summer learning intervention programs, and to assist LEAs
incorporate SEL practices into these supports, NYSED will collaborate with the Mental
Health Association of New York State to provide LEAs with Mental Health First Aid
Training. 95 Mental Health First Aid is a public education program that introduces
participants to risk factors and warning signs of mental illnesses, builds understanding of
their impact, and overviews common supports. This training program is included on the
Substance Abuse and Mental Health Services Administration’s (SAMHSA) National
Registry of Evidence-based Programs and Practices. 96 NYSED will support LEAs through a
SAMHSA Project AWARE (Advancing Wellness and Resiliency in Education) State
Education Agency Grant.97 The focus of this program is to build connections between
LEAs and community-based mental health resources.
• NYSED will engage with stakeholders (including parents/guardians and students) and
measurement experts in discussions about how to best measure and report the
effectiveness of these initiatives and engage in considerations regarding applicable
51
performance measures. NYSED will survey LEAs to rate the effectiveness of their
evidence-based summer learning initiatives on addressing student academic, social,
emotional, and mental health needs.
To ensure that the SEA reserve funds granted to LEAs for evidence-based summer learning and
enrichment programs to address the academic, social, emotional, and mental health needs of
students consistent with section 2001(f)(2) of the ARP Act, NYSED will provide clear guidance to
LEAs on the required use of such funds, including examples of best practices of evidence-based
summer learning and enrichment programs that LEAs may consider implementing to address
the academic, social, emotional, and mental health needs of students. All LEA application
materials, including budgets and budget narratives, will be reviewed by NYSED program staff
for allowability and consistency with the requirements of the ARP Act. Staff completing reviews
will be provided with training prior to conducting application reviews. Reviewers will also be
engaged in subsequent trainings using a community of practice approach to help troubleshoot
questions or concerns that arise throughout the review process. Post award, NYSED will
monitor each LEA’s use of ARP ESSER SEA reserve funds to ensure compliance with all
applicable requirements, including but not limited to ensuring that funds are used in a manner
that is consistent with section 2001(f)(2) of the ARP Act for allowable purposes.
D.3 – Evidence-Based Comprehensive Afterschool Programs
Based on NYSED’s review of data, community input, and research on evidence-based
comprehensive afterschool programs to address the academic, social, emotional, and mental
health needs of students, LEAs will be able to use their allocations of SEA reserve ARP ESSER
funds for afterschool programs as follows:
• LEAs will determine how to use these grant funds to have the greatest impact on their
communities through expanded comprehensive afterschool programs. NYSED will
support LEAs in using these funds to support evidence-based comprehensive afterschool
programs that address the academic, social, emotional, and mental health needs of
students.
• As the LEAs select comprehensive afterschool evidence-based programs, NYSED will
provide LEAs with best practices and guidance to enable SEL and CRSE approaches to be
integrated in ways that will support student recovery and development following the
pandemic. NYSED program staff will work with afterschool program experts to identify
evidenced-based research interventions to share with LEAs as they implement
comprehensive afterschool programs.
• To help facilitate strong afterschool programs, and to assist LEAs incorporate SEL
practices into these supports, NYSED will collaborate with the Mental Health Association
of New York State to provide LEAs with Mental Health First Aid Training.98 Mental
Health First Aid is a public education program that introduces participants to risk factors
and warning signs of mental illnesses, builds understanding of their impact, and
overviews common supports. This training program is included on the Substance Abuse
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and Mental Health Services Administration’s (SAMHSA) National Registry of Evidence-
based Programs and Practices. 99 NYSED will support LEAs through a SAMHSA Project
AWARE (Advancing Wellness and Resiliency in Education) State Education Agency
Grant.100 The focus of this program is to build connections between LEAs and
community-based mental health resources.
• NYSED will engage with stakeholders (including parents/guardians and students) and
measurement experts in discussions about how to best measure and report the
effectiveness of these initiatives and engage in considerations regarding applicable
performance measures. NYSED will survey LEAs to rate the effectiveness of their
evidence-based comprehensive afterschool programs on addressing student academic,
social, emotional, and mental health needs.
To ensure that the SEA reserve funds granted to LEAs for evidence-based comprehensive
afterschool programs to address the academic, social, emotional, and mental health needs of
students consistent with section 2001(f)(3) of the ARP Act, NYSED will provide clear guidance to
LEAs on the required use of such funds, including examples of best practices of evidence-based
comprehensive afterschool programs that LEAs may consider implementing to address the
academic, social, emotional, and mental health needs of students. All LEA application
materials, including budgets and budget narratives, will be reviewed by NYSED program staff
for allowability and consistency with the requirements of the ARP Act. Staff completing reviews
will be provided with training prior to conducting application reviews. Reviewers will also be
engaged in subsequent trainings using a community of practice approach to help troubleshoot
questions or concerns that arise throughout the review process. Post award, NYSED will
monitor each LEA’s use of ARP ESSER SEA reserve funds to ensure compliance with all
applicable requirements, including but not limited to ensuring that funds are used in a manner
that is consistent with section 2001(f)(3) of the ARP Act for allowable purposes.
D.4 Emergency Needs
NYSED is utilizing ARP ESSER SEA reserve funds for emergency needs under ARP section
2001(f)(4) as follows:
• $195 million to support a multi-year expansion of new full-day 4-year-old universal
prekindergarten expansion grants;
• $15 million for prekindergarten expansion grants via a competitive bid; and
• $35 million to support NYC charter school facilities.
LEA grants to fund creation of new full-day universal prekindergarten programs for 4-year-olds
and expansion of existing programs. Pre-school children have been dramatically impacted by
the pandemic as daycares, pre-school programs, enrichment programs and the like were closed
for much of the past year. NYS will expand the opportunities for 4-year-olds to attend free,
public pre-K programs where they will be able to catch up on lost early childhood learning,
socialization, and other foundational skills required for long-term success. NYSED is in the
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process of developing quality indicators to document and monitor efficacious early childhood
programs. These quality indicators will be updated and approved in the 2021-2022 school year.
LEAs will complete and submit their 2-year self-assessment and action plan starting in
September 1, 2022. More information on the NYSED pre-K quality indicators can be found at
the State-Administered Prekindergarten Programs Quality Indicators webpage.
Charter LEA grants to expand facilities funding for charter schools that increased enrollment
during the pandemic. Charter schools in New York City serve a high number of economically
disadvantaged students who were disproportionately impacted by the pandemic. In addition,
the number of students served in charter schools during the pandemic increased. 101 A portion
of ARP ESSER SEA reserve funds will allow these public schools to equitably access facilities as
they shift back to in-person learning and must accommodate the increased number of students.
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E. SUPPORTING LEAs IN PLANNING FOR AND MEETING STUDENTS’
NEEDS
E.1 - LEA Plans for the Use of ARP ESSER Funds
To enable New York State’s LEAs to begin to obligate ARP-ESSER funds by USDE’s May 24, 2021
deadline, the application for LEA 90% base ARP-ESSER allocations is being administered by
NYSED as a two-part application process:
• ARP-ESSER Application – Part 1: The first step was for each LEA to submit signed assurances to
NYSED by no later than May 24, 2021. Upon receipt of signed LEA assurances, NYSED provided
an email notice to the LEA of substantially approvable application status. Upon receipt of such
notice, LEAs were able to begin obligating their allocation of 90% base ARP-ESSER funds.
• ARP-ESSER Application – Part 2: The second step is the submission of a full application and
budget by the LEA. NYSED will issue a Grant Award Notice (GAN) to the LEA after the LEA's
application is fully reviewed and approved by NYSED. Part 2 of the application is due by August
31, 2021, with extensions provided upon request.
On May 19, 2021, NYSED issued a memorandum to LEAs on the two federally required ARP
ESSER plans (see Appendix D). The USDE ARP ESSER Interim Final Rule requires that each LEA
that receives ARP ESSER funds must develop, submit to the SEA on a reasonable timeline
determined by the SEA, and make publicly available on the LEA’s website, a plan for the LEA’s
use of ARP ESSER funds. New York State’s combined ARP ESSER application (Part 1 and Part 2)
will serve as the LEA ARP ESSER plan.
In the first step of the application process for ARP ESSER funds, by May 24, 2021, each LEA was
required to submit a set of assurances that certify the LEA will meet the requirements in section
2001(i) of the ARP Act and the ARP ESSER Interim Final Requirements, which included
assurances signaling that within 30 days of receipt of the funds, LEAs will develop and make
publicly available on the LEA’s website a plan for the safe return to in-person instruction and
continuity of services. 102 LEAs will also submit narrative responses within the Part 2 application
for ARP ESSER funds that describe:
• The extent to which and how the funds will be used to implement prevention and
mitigation strategies that are, to the greatest extent practicable, consistent with the
most recent CDC guidance on reopening schools to continuously and safely open and
operate schools for in-person learning;
• How the LEA will use the funds it reserves under section 2001(e)(1) of the ARP Act to
address the academic impact of lost instructional time through the implementation of
evidence-based interventions, such as summer learning or summer enrichment,
extended day, comprehensive afterschool programs, or extended school year;
• How the LEA will spend its remaining ARP ESSER funds consistent with section
2001(e)(2) of the ARP Act; and
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• How the LEA will ensure that the interventions it implements, including but not limited
to the interventions implemented under section 2001(e)(1) of the ARP Act to address
the academic impact of lost instructional time, will respond to the academic, social,
emotional, and mental health needs of all students, and particularly those students
disproportionately impacted by the COVID-19 pandemic, including students from low-
income families, students of color, English learners, children with disabilities, students
experiencing homelessness, children in foster care, and migratory students. 103
Prior to application approval, each application will receive a comprehensive review by trained
NYSED staff to ensure compliance with each of the requirements in 2001(i) of the ARP Act and
the ARP ESSER Interim Final Requirements. As part of the technical assistance and
comprehensive monitoring of ARP ESSER funds, NYSED will ensure that the LEA periodically
reviews, no less frequently than every six months for the duration of the ARP ESSER grant
period (i.e., through September 30, 2023), and revises as appropriate, its plan for the safe
return to in-person learning and continuity of services. NYSED will ensure that the LEA seeks
public input and takes such input into account on (1) whether revisions are necessary and, if so,
(2) the revisions to the plan through the collection of evidence of public input during the
monitoring and oversight process.
E.2 - LEA Consultation
As part of the LEA’s application for ARP ESSER funds, the LEA will submit narrative responses
that describe how they will engage in meaningful consultation with stakeholders, including but
not limited to students, families, school, and LEA administrators (including special education
administrators), as well as teachers, principals, school leaders, other educators, school staff and
their unions. To the extent present in or served by the LEA, the narrative must also include how
they will engage in meaningful consultation with Native American Nations, civil rights
organizations (including disability rights organizations), and stakeholders representing the
interests of children with disabilities, English learners, children experiencing homelessness,
children and youth in foster care, migratory students, children who are placed in the juvenile
justice system, and other underserved students. 104 Finally, LEAs will be required to give
assurances that they will publicly post their plans for the use of ARP ESSER on websites and
supply online tools to allow the public to provide input on the plan and its development.
On May 19, 2021, NYSED issued a memorandum to LEAs on the two federally required ARP
ESSER plans (see Appendix D).
E.3 – Support and Monitoring of LEA use of ARP ESSER Funds
E.3.i – SEA Support and Monitoring of LEA Implementation of Evidence-Based Interventions
As part of the technical assistance and comprehensive monitoring of ARP ESSER funds, NYSED
will ensure that the LEA periodically reviews its plan for the safe return to in-person learning
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and continuity of services, no less frequently than every six months for the duration of the ARP
ESSER grant period (i.e., through September 30, 2023), and revises as appropriate. NYSED will
ensure that the LEA seeks public input and takes such input into account on (1) whether
revisions are necessary and, if so, (2) the revisions to the plan through the collection of
evidence of public input during the monitoring and oversight process.
E.3.ii – SEA Support and Monitoring of LEA Addressing the Needs of Vulnerable Students
Please see our responses to A.4 and A.5 for summaries of how NYSED is supporting LEAs in the
collection of student performance and outcomes data as well as school operational data such
as mode of instruction, enrollment, and attendance. NYSED will help LEAs use these data sets to
identify the impact of the pandemic on individual students and groups of students so that they
can effectively implement MTSS-I strategies described in Section D.1.ii.
E.3.iii – SEA Support and Monitoring of LEA Addressing Students Experiencing the Impact of Lost
Instructional Time
Please see our responses to A.4 and A.5 for summaries of how NYSED is supporting LEAs in the
collection of student performance and outcomes data as well as school operational data such
as mode of instruction, enrollment, and attendance. NYSED will help LEAs use these data sets to
identify the impact of the pandemic on individual students and groups of students so that they
can effectively implement MTSS-I strategies described in Section D.1.ii.
E.4 – Educational Equity
E.4.i – Allocating funding based on student need
The 2021-22 enacted state budget allocated the three required ARP ESSER SEA reserves via a
formula to 398 of the state’s highest need LEAs. The formula was based on an equity-driven
approach to ensure LEAs received a minimum per pupil allocation.
E.4.ii – Equitable and Inclusive Return to Instruction
Please see Section D1.ii for additional information. MTSS-I is an integration of Response to
Intervention (RtI) models that focus on academic interventions and Positive Behavioral
Intervention Systems (PBIS) that employ tiered interventions in relation to student behavioral
and social emotional needs. MTSS-I helps ensure that students are educated in the least
restrictive learning environments and that schools avoid the over-use of exclusionary measures
to address behavioral issues. MTSS-I supports the creation and development of positive and
supportive learning environments for all students. MTSS-I, coupled with the implementation of
SEL and CRSE supports, and the recourses provided under ARP ESSER, will provide LEAs with the
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tools and supports needed to facilitate an equitable and inclusive return to in-person
instruction.
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F. SUPPORTING THE EDUCATOR WORKFORCE
F.1 – Supporting and Stabilizing the Educator Workforce
F.1.i - Shortages of Educators in NYS
NYSED collects data on teacher shortages in certain subject areas at the statewide level for the
USDOE. The 2020-2021 teaching assignment data collection is currently underway. The 2021-
2022 teacher shortage areas are listed below and are based on 2019-2020 teaching assignment
data: 105
• Bilingual Education;
• Bilingual Special Education;
• Career and Technical Education;
• English Language Arts;
• Health Education;
• Literacy;
• Social Studies;
• Special Education (all grades); and
• World Languages other than English
More than 10% of New York City public school teachers who had teaching assignments in the
following subject areas during the 2019-2020 school year were not certified in the subject area:
arts (art, dance, music, theater), library media specialist, mathematics, sciences, and all the
subject areas listed above. In addition, more than 10% of teachers in the Big Four school
districts (Buffalo Public Schools, Rochester City School District, Syracuse City School District, and
Yonkers Public Schools) who had teaching assignments in the following subject areas during the
2019-2020 school year were not certified in the following subject areas: bilingual education,
bilingual special education, career and technical education, English language arts, literacy,
sciences, and special education (middle school/secondary).
F.1.ii – Assisting LEAs to Identify Most Urgent Area of Shortages
Although NYSED collects data on statewide teacher shortages, shortage areas within a
particular LEA or school vary based on local needs. Therefore, NYSED will develop a survey to be
administered to LEAs during the 2021-2022 school year through which they will identify their
most urgent shortages or potential shortages and most significant needs, which would be
specific to their context. With the survey results, NYSED will explore identifying resources for
the LEAs and/or develop policies that would address their shortages and needs.
In May 2020, in response to limited test center availability for certification exams during the
pandemic, the Emergency COVID-19 certificate was created to allow individuals to work in New
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York State public schools while taking and passing the required exams for the certificate sought.
The certificate is valid for two years, enabling these individuals to fill vacancies for the
upcoming school year and expanding the educator pipeline while they complete the exam
requirement for certification.
Another teacher shortage area is in UPK education. NYSED plans to use a portion of ARP ESSER
SEA reserve funds to dramatically expand Universal Pre-Kindergarten (UPK) throughout the
state as a means to bring greater equity to educational opportunities to all New York families,
regardless of income.106 As daycares and early childhood programs were disproportionately
impacted during the pandemic, this will also allow New York to accelerate learning for the
youngest students so that they gain the foundational skills and attributes necessary for long-
term success. A by-product of this expansion, however, will be a need to increase the workforce
focused on UPK and teachers trained in early childhood education.
UPK teachers have two pathways for preparation to become certified to teach UPK. Teacher
candidates can attend an Institution of Higher Education (IHE) and work toward an approved
program to receive certification in Birth - Grade 2 as an Early Childhood Educator. Teacher
candidates can also attend an IHE and work toward a degree in Childhood Education (Grades 1 -
6) but can take additional coursework to receive an extension to obtain certification in Birth -
Grade 2. LEAs may allocate a portion of their ARP ESSER funds for hiring of UPK personnel.
F.1.iii – Actions to Fill Gaps in the Teacher Workforce, Expand the Educator Pipeline, and
Promote Educator Diversity
NYSED is currently implementing several programs that will continue to support, expand, and
diversify the teacher pipeline:
• Teacher Opportunity Corps II (TOC II). This program seeks to increase the participation
rate of historically underrepresented and economically disadvantaged individuals in
teaching careers. NYSED has awarded TOC II grants to 16 colleges and universities to
date and recently issued a new Request for Proposals (RFP) to fund programs from
September 2021 through August 2026; 107
• Teacher Diversity Pipeline Pilots. The state funds two Teacher Diversity Pipeline pilots
designed to assist teacher aides and teaching assistants in attaining the necessary
education and professional training to obtain teacher certification. The goals of this
program include increasing the diversity of the teaching force in high-need districts and
schools, as well as addressing teacher shortages/needs in high-need districts and high-
need schools; 108 and
• Teachers of Tomorrow. The Teachers of Tomorrow grant program provides incentives to
encourage prospective teachers to teach in a school district experiencing a teacher
shortage or subject shortage, especially low-performing schools. 109
NYSED addresses shortages in a variety of ways for the following groups of potential teachers.
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• Prospective teachers. The Emergency COVID-19 certificate was created to give
individuals who meet all requirements for certification, other than the exam
requirement(s), an opportunity to work in New York State public schools for two years
while taking and passing the required exam(s) for the certificate sought.
• Career changers. Individuals who hold an undergraduate or graduate degree in a subject
area can enroll in an alternative teacher program at a New York State institution of
higher education. After they are hired by a school district, they would apply for a
Transitional B or C certificate that enables them to teach while they complete their
program requirements for the Initial certificate. The certificate is valid for three years or
until the completion of the program, whichever occurs first.
• College professors. The Transitional G certificate is an option for individuals who hold a
graduate degree in the subject area of a certificate title and have at least two years of
satisfactory teaching experience at the postsecondary level in the subject area.
Individuals who are employed by a school district and meet the certificate requirements
can teach for up to two years to gain the teaching experience needed for the Initial
certificate.
• Practicing teachers. Teachers who hold a valid certificate are eligible for the five-year
Supplementary certificate in a subject area if they pass the appropriate content
specialty test, complete a specified number of semester hours of coursework in the
subject area, and have a school district recommendation explaining that they are
seeking to employ the teacher in a position with a demonstrated shortage of certified
teachers in the subject area. The certificate gives teachers time to fulfill the coursework
requirement for a subject area extension or additional certificate in the subject area.
• Out-of-state teachers. Teachers who have at least three years of experience teaching in
public schools in another state within the past seven years may be eligible for
certification through the “Endorsement of a Certificate” (reciprocity) pathway. In this
flexible pathway, teachers do not take certification tests.
Collaborative partnerships between LEAs and institutions of higher education (IHEs) with
teacher preparation programs are critical for expanding the educator pipeline and educator
diversity as well as addressing the needs of students disproportionately impacted by the COVID-
19 pandemic. Grow Your Own programs and clinical experiences for teacher candidates, such as
student teaching, residencies, practicum, and alternative teacher preparation program in-
service components, are examples of initiatives that LEAs and IHEs could jointly pursue. For
example, Grow Your Own programs can address teacher shortages and lack of diversity in the
workforce by recruiting potential teachers into the profession who have a deep and shared
cultural understanding of the students they will eventually teach.
NYSED encourages LEAs and IHEs to develop clinical experiences for teacher candidates that
enable them to gain the knowledge and skills needed to effectively teach students, such as
providing supportive learning environments. Through clinical experiences, teacher candidates
have opportunities to work with teachers to meet students’ academic, social, and emotional
needs while becoming familiar with the roles and responsibilities of teachers; school/district
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priorities and initiatives; and the whole school community. Residencies and other LEA/IHE
clinical experience partnerships, including clinical experiences that employ the co-teaching
model, can also help address the urgent learning and opportunity gaps created by COVID-19 by
more rapidly impacting student outcomes during the school year, and in afterschool and
summer programs.
F.2 - Staffing to Support Student Needs
Pupil Personnel Services (PPS) staff, school counselors, school nurses, school social workers and
school psychologists are integral members of the education team in a school setting. School
counselors are the only mandated personnel under NYS law. As such, it is imperative that
school administrators are knowledgeable and supportive of the roles PPS staff members play in
the supporting students and helping them thrive and achieve. During the pandemic, their
presence has proven to be crucial to the health and safety of students. NYSED and the New
York State Center for School Health (NYSCSH) will continue to educate school administrators
regarding the importance of having PPS staff in school to support both physical and mental
health of students. 110
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G. MONITORING AND MEASURING PROGRESS
G.1 - Capacity for Data Collection and Reporting
NYSED will continue to ensure its capacity and the capacity of its LEAs to collect data on
reporting requirements as we prepare for and implement evidence-based strategies this
summer, throughout the 2021-2022 school year, and beyond. This will enable NYSED to build
off existing data collection to grow a more robust data set to ensure availability of needed data
and to improve and maintain a high level of data quality. Working with stakeholders will allow
NYSED to determine the best method for collecting and reporting of the data, whether it be
student level or institutional level data, and using the appropriate mechanism for that type of
collection.
NYSED’s capacity and strategy to collect data from LEAs begins with focusing on the end
reporting product to clearly identify the outcome of the data reporting and the integrated data
elements. This must be done while incorporating appropriate timelines that coordinate with
current reporting requirements to make the data available when needed with an easy to use,
integrated data collection over time. This will ensure quality and timely reporting for
programmatic planning and an opportunity to learn with a focus on ensuring equity. NYSED will
collaborate with its Level 1 Regional Centers and Big 5 School Districts to identify the best
source to ensure ease of collection to increase data quality and improve timely reporting while
continuing to observe and inform LEAs of the appropriate guidelines for data privacy and
information security. This will support LEA compliance with all reporting requirements at such
time, in such manner and containing such information as the Commissioner may reasonably
require.
Please see the responses to A.4 and A.5 for summaries of how NYSED is supporting LEAs in the
collection of student performance and outcomes data as well as school operational data such
as mode of instruction, enrollment, and attendance. NYSED will help LEAs use these data sets to
identify the impact of the pandemic on individual students and groups of students so that they
can effectively implement the MTSS-I strategy described in Section D.1.ii.
In those pilot schools participating in NYSED’s MTSS-I initiative, multiple measures are used to
collect and report student academic, behavioral, and social emotional progress. Formative
assessment processes are embedded in instruction to assist in determining where students are
in their learning and where gaps in knowledge and understanding exist to inform day-to-day
teaching and learning. Evidenced-based interim assessments are also used to evaluate student
skills and knowledge in specific areas and assist in measuring the effectiveness of MTSS-I
strategies on student outcomes as well as inform classroom and LEA level decision-making.
Furthermore, each LEA, as part of its submission for ARP ESSER funding, was required to
provide an assurance by May 24, 2021 that the LEA will comply with all reporting requirements,
including on matters such as, but not limited to:
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• Data on each school’s mode of instruction (remote, hybrid, in-person), including student
attendance data (disaggregated by student subgroup) for each modality;
• LEA uses of funds to meet students’ social, emotional, and academic needs, including
through summer enrichment programming and other evidence-based interventions, and
how they advance equity for underserved students;
• LEA uses of funds to sustain and support access to early childhood education programs;
• Impacts and outcomes (disaggregated by student subgroup) through use of ARP ESSER
funding (e.g., quantitative, and qualitative results of ARP ESSER funding, including on
personnel, student learning, and budgeting at the school and district level);
• Student data (disaggregated by student subgroup) related to how the COVID-19
pandemic has affected instruction and learning;
• Requirements under the Federal Financial Accountability Transparency Act (FFATA); and
• Additional reporting requirements as may be necessary to ensure accountability and
transparency of use of ARP ESSER funds.
Part 1 of the ARP ESSER Application can be found at the ASP-ESSER Application: Part 1 website.
As of May 27, 2021, all 1,008 LEAs in New York State have provided the mandated assurances
required in part 1 of the application.
G.2 - Monitoring and Internal Controls
NYSED’S Office of ESSA-Funded Programs, in collaboration with NYSED’s Chief Financial Officer
and Office of Grants Finance, will be responsible for the administration of New York State’s ARP
ESSER funds. NYSED will use a triangulated approach in supporting its LEAs in the use and
monitoring of ARP ESSER funds which includes ARP ESSER technical assistance, application
review, and monitoring of use of funds.
Technical Assistance
Technical assistance will be provided to LEAs on a continuous basis via multiple platforms
including but not limited to 1-1 phone calls, emails, webinars and office hours to support
schools and districts and to help ensure fidelity in implementation of the ARP ESSER funds.
Application Review
In consultation with NYSED’S Chief Financial Officer, the Office of ESSA-Funded Programs has
determined an allocation amount for each Local Education Agency (LEA) to be awarded the
minimum 90% allocation of ARP ESSER funds based on each eligible LEA’s relative Title I Part A
allocation in the 2020-2021 school year. Each LEA awarded an ARP ESSER allocation is required
to submit to NYSED a completed “ARP ESSER Application” through NYSED’s secure online
business portal. Each ARP ESSER application must include a program narrative, budget, and
budget narrative. All application materials must be signed and submitted by the Chief
Administrative Officer (or a properly authorized designee) and sent to NYSED for review and
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approval. Part 2 of the application is still under development, and the application for the 398
LEAs allocated ARP ESSER SEA reserve funds is also still under development.
All application materials, including budgets and budget narratives, will be reviewed by NYSED
staff for allowability and consistency with the requirements of the ARP Act pertaining to ESSER
funds; the relevant Terms and Conditions listed in NYS’ ARP ESSER Grant Award Notification;
the relevant assurances in New York State’s Certification and Agreement for Funding under the
Education Stabilization Fund Program, Elementary and Secondary School Emergency Relief
Fund; and the terms of the U.S. Department of Education’s Interim Final Requirements. Staff
completing reviews will be provided with training prior to conducting application reviews.
Reviewers will also be engaged in subsequent trainings using a community of practice approach
to help troubleshoot questions or concerns that arise throughout the review process.
The budgets will be entered by the program office administrator into the Project Tracking
System (PTS) component of NYSED’s internal grant payment system, CAFÉ. Approval of the FS-
10 Budget (or FS-10-A if applicable) will be documented by signature of the program
administrator on the FS-10. The budget’s status will be updated in PTS by the program
administrator to reflect the program office decision to approve or disapprove. The total amount
of the budget will be entered into the PTS system by the approving Program Officer.
Upon receiving programmatic approval, application materials including the FS-10 Budget with
original signature and one copy are sent to the Grants Finance office for further administration.
Grants Finance reviews the FS-10 for mathematical accuracy, use of proper indirect cost rate,
and then assigns an initial advance payment. While NYSED anticipates providing most LEAs with
an initial advance of 10% of each LEA’s minimum 90% ARP ESSER allocation, this percentage
may vary depending on the size of the LEA’s allocation and whether the LEA has an assigned
monitor. NYSED anticipates providing the 398 LEAs receiving the three required ARP ESSER SEA
reserve set-aside funds with a 20% initial advance. Subsequent payments are made as eligible
reimbursement claims are received, reviewed, and approved.
The CAFÉ system generates a Grant Award Notice that is mailed out to the local education
agency/grantee. Separately, a copy of the approved budget and project summary report is then
returned to the local agency so that any budget changes can be noted and project accounting
records established. To ensure continuity, budget amendments submitted during the project
period will be reviewed and approved by the same program staff that conducted initial reviews
of an LEA’s initial application.
Monitoring
NYSED will monitor each LEA’s use of ESSER funds to ensure compliance with all applicable
Federal requirements, including but not limited to ensuring that funds are used in a manner
that is consistent with section 2001 of the ARP Act for allowable purposes, and with 2 CFR
§200.303 under the Uniform Grants Guidance. NYSED will develop and implement monitoring
protocols and create a schedule for subrecipient monitoring that includes both programmatic
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and fiscal indicators. The monitoring operates on a risk-based system. This system may consider
the total allocation and items noted in the LEAs application/budget. NYSED’s monitoring
activities occur in two phases: 1. Pre-Award, and 2. Post-Award Monitoring:
1. Pre-Award Monitoring: NYSED will utilize the secure online business portal (already in use
for distribution of Federal funds under ESSA) for the LEA ARP ESSER application submission
to NYSED. The secure online portal allows LEAs to upload materials for review by program
staff and allows NYSED staff to ensure that an LEA’s use of funds is consistent with
approved applications, budgets, and budget amendments. While NYSED’s primary purpose
is to ensure funds are delivered as efficiently as possible to LEAs, ESSA Funded Program
Office staff will collaborate closely with LEA staff to ensure the application and budget are
aligned with ESSER uses of funds and other statutory requirements.
2. Post-Award Monitoring: In addition to the programmatic and fiscal monitoring activities
conducted during the data collection and application review processes, NYSED will conduct
follow-up monitoring with LEAs that receive funds under the ARP ESSER program. NYSED
will deploy a review protocol to collect and review programmatic and fiscal documents from
awarded LEAs. Such a review protocol will include indicators requiring LEAs to provide
evidence of allowability and primary documentation demonstrating accordance with cash
management principles and the Uniform Guidance and 2 CFR §200.331 and private school
participation, as applicable.
As needed, NYSED will leverage existing on-site monitoring protocols that are used for LEAs
with an elevated risk of non-compliance to follow up with any LEAs that are non-responsive or
for which additional information is needed. In all cases, NYSED will take appropriate
enforcement actions if it determines that an LEA’s use of funds does not meet the requirements
of the program.
To complete these key application review, technical assistance, and monitoring functions,
NYSED will increase current capacity through the hiring of 12 temporary project staff in the
Office of ESSA-Funded Programs and the hiring of 6 temporary project staff in the Office of
Grants Finance. These staff will complete key functions under the direction of the Director and
Supervisor of Education Programs and the Assistant Director of Financial Administration, as
detailed below in Table 5:
Table 5. ARP ESSER Application Reviews
The Office of ESSA-Funded Programs
Roles Responsibilities
Director Oversee administration of ARP ESSER funds
Develop ARP ESSER Funding Application
Establish application review protocol
Provide staff training on procedure for reviewing and approving applications
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Review and approve applications
Provide LEAs targeted technical assistance
Supervisor of Develop and manage a grant project workplan
Education Assist in application development
Programs Assist in development of review protocol
Participate in application review training
Provide staff targeted support with application reviews
Review and approve applications
Provide LEAs targeted technical assistance
Project Facilitate clear and timely communication among internal and external grant
Coordinators stakeholders;
(Temportary Prepare LEA application forms and review protocols to ensure consistent
Staff) assessment of all LEA grant applications
Assist LEAs in the preparation and completion of their grant applications
Project Prepare monitoring forms and monitoring review protocols to ensure the successful
Assistants oversight of grant programs
(Temporary Develop data collection tools focused on reporting elements required by the USDOE
Staff) Present grant status reports and findings to internal and external stakeholders
Manage grant implementation according to the Uniform Grants Guidance
Develop and manage a grant project workplan
Collaborate with NYSED’s fiscal team to track budgets and facilitate multiple
procurement processes
Collaborate with internal staff to ensure the collection, analysis, and dissemination
of data required for the successful implementation and coordination of the grant
Manage the effective administration of grant activities including, but not limited to,
data reporting and analysis, budget administration, and workplan amendments
Ensure compliance with State and federal statute and regulations
Monitor ESSER programs to determine LEA compliance with programmatic and
fiscal requirements
Prepare and submit all required reports and oversee recordkeeping of all
documents related to the grant
Serve as a subject matter expert in the delivery of LEA technical assistance
regarding grant implementation
Develop various technical assistance resources including but not limited to guidance
documents, webinars, and presentations
Support Staff Process materials submitted by mail in a timely fashion
Enter budgets on CAFÉ system
Programmatically approve budgets on CAFÉ system after reviewer issues
application approval
Transmit approved budget to Grants Finance Unit for final processing
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APPENDIX A – NYS SCHOOL REOPENING GUIDANCE
RECOVERING, REBUILDING, AND RENEWING
THE SPIRIT OF NEW YORK’S SCHOOLS
REOPENING GUIDANCE
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THE UNIVERSITY OF THE STATE OF NEW YORK
Regents of The University
Betty A. Rosa, Chancellor, B.A., M.S. in Ed., M.S. in Ed., M.Ed., Ed.D. ........... Bronx
T. Andrew Brown, Vice Chancellor, B.A., J.D. ................................................. Rochester
Roger Tilles, B.A., J.D. ..................................................................................... Manhasset
Lester W. Young, Jr., B.S., M.S., Ed.D. . .......................................................... Beechhurst
Christine D. Cea, B.A., M.A., Ph.D. . ................................................................. Staten Island
Wade S. Norwood, B.A. .................................................................................... Rochester
Kathleen M. Cashin, B.S., M.S., Ed.D. ............................................................. Brooklyn
James E. Cottrell, B.S., M.D. .......................................................................... New York
Josephine Victoria Finn, B.A., J.D. ................................................................... Monticello
Judith Chin, M.S. in Ed. .................................................................................... Little Neck
Beverly L. Ouderkirk, B.S. in Ed., M.S. in Ed. ................................................. Morristown
Catherine Collins, R.N., N.P., B.S., M.S. in Ed., Ed.D. ................................... Buffalo
Nan Eileen Mead, B.A., M.A. ............................................................................. Manhattan
Elizabeth S. Hakanson, A.S., M.S., C.A.S. ...................................................... Syracuse
Luis O. Reyes, B.A., M.A., Ph.D. ........................................................................ New York
Susan W. Mittler, B.S., M.S. ............................................................................ Ithaca
Frances G. Wills, B.A., M.A., M.Ed., C.A.S., Ph.D. .......................................... Ossining
Interim Commissioner of Education and President of The University
Shannon L. Tahoe
The State Education Department does not discriminate on the basis of age, color, religion, creed, disability, marital
status, veteran status, national origin, race, gender, genetic predisposition or carrier status, or sexual orientation in
its educational programs, services and activities. Portions of this publication can be made available in a variety of
formats, including braille, large print or audio tape, upon request. Inquiries concerning this policy of
nondiscrimination should be directed to the Department’s Office for Diversity and Access, Room 530, Education
Building, Albany, NY 12234.
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Message from Chancellor Betty A. Rosa
When the Board of Regents, the Education Department, and I decided to
convene a Task Force to help create this guidance document, it became
immediately clear that we needed to hear from as many voices as possible.
New York is a large and diverse state, and we knew that our diversity had to
be well-represented on the Task Force.
By holding four separate regional meetings, we were able to ensure the
work of the Task Force was done in a thorough and deliberative way. By
including stakeholders with expertise in various substantive areas, we were
able to elicit the critical input we needed to inform the decision-making
that went into this guidance document.
We also held a statewide Youth Forum to hear directly from students,
because we must always consider their perspective and listen to their
voices. The students did not disappoint; the Regents and I were absolutely amazed at their mature and thoughtful
contributions. They told us what has worked for them and what has not, and they suggested actions the State can
take to improve their educational experience next year and into the future. As with the adult stakeholders, the
students’ input is reflected throughout this guidance document.
We are truly grateful to all the Task Force and Youth Forum participants for their time and rich contributions. As
well, we would like to thank the staff of the State Education Department for their valuable contributions to this
document – with a special note of appreciation for the extraordinary efforts of Dr. Kimberly Young Wilkins, Deputy
Commissioner for P-12 Instructional Support, who oversaw every aspect of the project.
The COVID-19 pandemic has confirmed what many of us have always known: schools are an irreplaceable part of
our lives and our communities. We have come to rely on them to provide essential services that go far beyond
traditional academics. Simply put, schools must function for our society to function.
Everybody wants our students back in school. But it would be reckless to return until it is safe to do so. That is why
this guidance document contemplates three possible reopening scenarios: in-person instruction, remote
instruction, and a combination of the two.
COVID-19 has had a particularly harmful impact on people of color and the poor – in terms of health, in terms of
employment, and in terms of their ability to receive a meaningful education. Many poor students in poor
communities simply did not have access to the internet or the devices they needed to meaningfully participate in
remote learning. This kind of unequal access to resources occurs throughout the entire education system and only
serves to strengthen my resolve, and the Regents’ resolve, to ensure educational equity for all students.
When you experience a tragedy – and to be sure, we are all living through a profound national tragedy – it is
important to try to take something meaningful from that experience and to build and grow from it. That is what
we are hoping to accomplish as we work our way through this pandemic.
With the help of our fellow New Yorkers, we will recover, rebuild, and renew the spirit of our schools.
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Message from Interim Commissioner Shannon Tahoe
On March 16, 2020, Governor Andrew Cuomo issued an Executive Order
closing schools for two weeks due to the COVID-19 crisis, and subsequent
Executive Orders closed schools for the remainder of the school year. These
orders triggered fundamental changes to New York’s education system.
Educators and students were forced to shift to remote learning overnight,
parents had to convert their living space into classrooms and become
teachers, and students needed to adjust to a new way of learning. Millions
of meals were prepared and delivered, millions of lessons have been taught
virtually, millions of phone calls, texts, zoom calls and millions of small
gestures of dedication and compassion demonstrated the best of who we
are as New Yorkers.
My greatest thanks and admiration must be extended to students, parents,
and the entire education community for adapting and working
collaboratively to overcome the unprecedented challenges we faced this past school year.
As the mother of three school-aged children, I know just how difficult this time has been, and continues to be, for
so many people, on so many levels. Like countless parents who worked from home while overseeing their
children’s schoolwork this past spring, I now have an even deeper respect for the work New York’s teachers and
school leaders do every day to educate our children.
As we look to the next school year, we must be mindful of the many uncertainties we continue to face. The Board
of Regents and I are hopeful that this comprehensive guidance document, which was informed by the four
regional task force meetings and the student forum, will assist the field in developing their reopening plans so that
they can be prepared for the multiple circumstances that may exist over the next school year: whether it be in-
person instruction, remote learning or a blended learning situation. The guidance addresses numerous issues
including health and safety; transportation, facilities, and nutrition; teaching and learning; digital equity and
access; budget and fiscal; social-emotional needs; special education; bilingual education and the needs of
multilingual learners and English language learners; and staffing and human resources.
The next school year may be even more challenging, but the educational community is strong and together the
Board of Regents and the Department are committed to do everything we can to support the educators, parents
and students of this State.
I would like to thank the Board of Regents for its leadership throughout this arduous journey. Finally, I must thank
the staff of the Education Department, not only for their exemplary work in putting this guidance document
together, but also for their tireless efforts to ensure instruction and meals continued through the crisis – and for
ensuring that the needs of all students, including English language learners, students with disabilities, homeless
students, and migrant students were met. At the same time, staff also worked to ensure districts and school
leaders received much-needed guidance and flexibility during this unprecedented time. I am forever grateful for
your efforts.
The COVID-19 pandemic has pushed and challenged us in ways we never could have imagined. I am overwhelmed
by the compassion and caring I see every day from so many administrators, teachers, school staff, parents and
students across the State. I know in my heart that their strength and their spirit will carry us through these
troubling times.
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Executive Summary
The closing of schools in March 2020 has profoundly affected the lives of New Yorkers. This
impact will continue through the 2020-21 school year and beyond. While no one can predict all
the challenges that may arise over the coming weeks and months, it is imperative that we plan
for a safe and orderly return to school.
Without question, our paramount concern is to ensure the health and safety of everyone in our
schools, children and adults alike. At the same time, we must also contend with a myriad of
complex challenges – catching up on months of lost in-person instruction; addressing students’
social and emotional needs in the wake of this catastrophe; ensuring all students have the
ability to participate equitably in remote learning; planning for the possibility of deep budget
cuts; and so many others.
The Board of Regents and Department's task was to create a framework to help guide schools
and school districts as they continue to plan for school to return in the fall, whether instruction
takes place in person, remotely, or through some combination of the two. That framework is
presented here, in this guidance document.
The guidance provides schools and districts with the flexibility they will need to develop and
implement creative solutions to their unique, local circumstances. It describes the reopening
actions that schools must take and those that are recommended best practices to be
considered.
Regional Task Force Meetings and Youth Forum
Creating a framework to reopen schools is a monumental undertaking – made even more
challenging by the tremendous size and complexity of New York's education system, the vast
array of languages spoken by students and their families, and the uniquely devastating impact
the pandemic has had here in New York State.
To help guide this work, the Board of Regents convened four regional Task Force meetings,
which were conducted virtually, between June 15 and June 24, 2020. Each regional meeting
included more than 350 experts and stakeholders from health and education fields. In all, more
than 1,650 parents, students, teachers, administrators, school board members, and
stakeholders, representing New York's diversity, attended and provided valuable feedback. The
meetings were conducted with the assistance of the Region 2 Comprehensive Center, led by
WestEd; the BOCES District Superintendents; and State Education Department and BOCES staff.
Every member of the Board of Regents attended and participated in at least one meeting.
Participants heard from Dr. Jack DeHovitz, an expert on infectious diseases, and from Natalie
Walrond, an expert on social-emotional learning and wellness; both stressed the connections
between physical and emotional health, and their importance to student success.
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To ensure that students’ voices are represented in the guidance, on June 23, 2020, the
Department held a virtual Youth Forum that was attended by over 100 students from across
the State. The students spoke about what worked for them and what didn’t during their time
of remote learning and proposed creative solutions to improve their educational experience
going forward.
Development of the Guidance Document
At the conclusion of the Task Force and Youth Forum meetings, staff from WestEd synthesized
the rich and thoughtful input provided by participants. That input is reflected throughout this
guidance. The document also reflects the guidance provided by the Department to the field
from early March through the end of June. Finally, the document reflects the current work and
best practice recommendations of our P12 program offices.
The Board of Regents developed the following principles to guide the work of developing this
guidance document :
• The health, safety, and well-being of the children and adults in our schools is
paramount.
• We will always keep the issue of educational equity at the forefront of our thinking and
decision-making.
• We recognize that one size does not fit all. New York is a large state, in population and
size. We will always consider the tremendous diversity that exists among our people,
our geographic regions, and our schools and school districts.
• While it is important to provide districts with guidelines and policies, it is important as
well to give them appropriate leeway to develop creative solutions to their unique
challenges.
• We will enable and encourage districts to work directly with parents, teachers,
administrators, and their local communities to develop and deliver workable solutions
to their unique needs. We will succeed through our collective effort.
• We will proceed with the understanding that planning for schools to reopen is not a
one-time event. We will continuously monitor the situation and provide updated
guidance, policies, and regulatory changes as the situation requires.
Reflecting all of these inputs and considerations, the guidance document presented herein is
student-centered, with equity and local flexibility at its core. Additionally, the guidance stresses
the need for regular and frequent communication between districts and parents and the critical
importance of parental involvement and family engagement. Finally, the document reminds
schools and districts that they must always work to create and foster culturally responsive,
student-centered learning environments that affirm racial, linguistic and cultural identities;
prepare students for rigor and independent learning; develop students’ abilities to connect
across lines of difference; elevate historically marginalized voices; and empower students as
agents of social change.
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Summary of the Guidance Document’s Provisions
• Health and Safety
Focused on preventive actions, schools and districts will be required to perform health
checks and screenings, per DOH guidance, and recognize signs and symptoms of illness in
students and staff; develop plans to maximize social distancing; develop plans to manage
and isolate ill persons until they can be sent home; instruct students and staff in proper
hand and respiratory hygiene; require wearing appropriate face coverings; and develop
cleaning and disinfection procedures for the school in accordance with CDC and DOH
guidance.
• Facilities
Schools and school districts should promote social distancing while maintaining existing
safety requirements designed to protect students. To accomplish this, schools may expand
their physical footprint or change the way they utilize space. Schools should also continue
to meet or exceed ventilation requirements and may wish to consult with design
professionals to increase ventilation and filtration.
Schools must continue to conduct mandatory fire and lockdown drills according to the
existing statutory schedule. School leaders will need to plan for these drills to be
conducted in a manner that maintains social distancing at exits and gathering points
outside the building, while still preparing students to respond in emergencies.
• Nutrition
Schools and school districts should include food service directors in reopening plan
discussions so they are able to meet their requirements to provide all enrolled students
with access to school meals each school day whether school is in-person or remote;
address all applicable health and safety guidelines; ensure compliance with Child Nutrition
Program requirements; and communicate with families through multiple means, in the
languages spoken by those families.
• Transportation
The school bus is an extension of the classroom and services should be provided to all
students with consistency and equity. Each district will be required to: perform regular
school bus disinfection measures; train students and school bus staff regarding social
distancing on the bus, at stops, and at unloading times; and train students and staff
regarding the wearing of masks. Both students and drivers will wear masks and social
distance on the bus. Districts will continue to provide transportation to homeless students,
students in foster care, those who attend religious, independent or charter schools – and
those with disabilities – just as they always have.
• Social-Emotional Well-Being
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As school and district personnel adapt to environments that result in substantially less time
spent interacting in-person, ensuring intentional and meaningful inclusion of social
emotional learning (SEL) across all aspects of operating strategies is critical to support the
well-being and success of students, staff, and families. Along with physical health and well-
being, schools and districts must also prioritize social emotional well-being – not at the
expense of academics, but in order to create the mental, social, and emotional space for
academic learning to occur.
• School Schedules
Schools must create a comprehensive plan for a schedule that includes in-person
instruction, remote instruction or a hybrid of both in-person and remote. All plans should
be clearly communicated, with as much advance notice as practicable, to students, families
and staff.
To adhere to state and local health and safety guidelines and ensure social distancing
practices, schools may consider various reopening plans and schedules that stagger or
alternate their students’ return to campus. Schools should collaborate with district
stakeholders when considering alternate schedules.
• Budget and Fiscal
All schools and school districts must continue to meet existing state aid reporting
requirements. Additionally, the content of data submissions, such as attendance data, will
remain consistent with past practice, except where modified by law, regulation or
executive order.
• Attendance and Chronic Absenteeism
Schools must develop a mechanism to collect and report daily teacher student
engagement or attendance. While this requirement is straightforward in an in-person
setting, a procedure should be developed to make daily contact with students in remote
or hybrid settings. Schools may consider for instance, assigning the homeroom teacher or
advisory teacher to be the point of contact to touch base with a specific group of students
daily. Attendance data must be reported in the student information reporting system or
SIRS. School policies and procedures must focus on the academic consequences of lost
instructional time and address absences before students fall behind in school. It is critical
for schools to use a variety of creative methods to reach out to students and their families
who have not engaged in distance learning.
• Technology and Connectivity
Adequate access to a computing device and high-speed broadband is essential for
educational equity. Schools and districts must determine the level of access all students
and teachers have in their places of residence; to the extent practicable, address the need
to provide devices and internet access to students and teachers who currently do not have
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sufficient access; and provide multiple ways for students to participate in learning and
demonstrate their mastery of the learning standards in remote and hybrid instructional
models.
Schools and districts should provide instruction on using technology and IT support for
students, teachers and families and provide professional development for teachers and
leaders on designing effective online/remote learning experiences.
• Teaching and Learning
Mandatory teaching and learning requirements include providing clear opportunities for
equitable instruction for all students; ensuring continuity of learning regardless of the
instructional model used; providing standards-based instruction; ensuring substantive
daily interaction between teachers and students; and clearly communicating information
about instructional plans with parents and guardians.
To allow for schools and districts to adapt to complications caused by the pandemic,
certain flexibilities will be authorized, including: flexible student/staff ratio in
prekindergarten; extended time for prekindergarten and kindergarten screening to be
completed; a waiver allowing districts to convert UPK seats from full-day to half-day (not
applicable to Statewide Universal Full Day Pre-K programs); flexibility with the 180
minutes per week Unit of Study requirement; flexibility in the delivery of physical
education; allowance for a blend of hands-on and virtual science laboratory experiences;
and when appropriate, districts and charters may utilize remote or virtual work-based
learning experiences for CTE and CDOS programs.
• Special Education
Schools and school districts are required to provide: a Free Appropriate Public Education
consistent with the need to protect the health and safety of students with disabilities and
those providing special education and services; meaningful parental engagement
regarding the provision of services to their child; collaboration between the Committee on
Preschool Special Education/Committee on Special Education (CPSE/CSE) and program
providers representing the variety of settings where students are served; access to the
necessary instructional and technological supports to meet the unique needs of students;
and documentation of programs, services and communications with parents.
Schools and school districts should consider in-person services a priority for high-needs
students and preschool students with disabilities whenever possible and consider
contingency plans developed by the CPSE/CSE to address remote learning needs in the
event of intermittent or extended school closures.
• Bilingual Education and World Languages
Reopening plans must address the learning loss experienced by many English language
learners (ELLs), in both their English language development and their mastery of content
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area knowledge. The Department has identified the following requirements and
considerations that will allow schools to provide ELL services that address the impact of
last year’s school closures and prepare them for potential challenges in the coming year.
Schools and districts must:
• provide all communications to parents/guardians of ELLs in their preferred language and mode of
communication to ensure that they have equitable access to critical information about their
children’s education;
• ensure that all ELLs receive appropriate instruction that supports their college, career, and civic
readiness, by providing them the required instructional Units of Study in their English as a New
Language or Bilingual Education program based on their most recently measured English language
proficiency level;
• conduct ELL identification for all students who enrolled during COVID-related school closures in
2019-20, during the summer of 2020, and during the first 20 days of the 2020-21 school year
within 30 days of the start of the school year; and
• recognizing that all teachers are teachers of ELLs, provide professional learning opportunities
related to the instruction and support of ELLs to all educators, as required by Part 154 of the
Commissioner’s regulations.
Schools and districts should align their policies to the Blueprint for English language
learner/Multilingual learner (ELL/MLL) Success; adopt progress monitoring tools to
measure ELL proficiency; provide social-emotional learning supports to ELLs in their home
language; continue utilizing technology in ELL instruction; support Students with
Interrupted/Inconsistent Formal Education (SIFE) and other vulnerable populations;
ensure the Emergent Multilingual Learners (EMLL) Profile supports early learning; and
support completion of the NYS Seal of Biliteracy.
• Staffing and Human Resources
As schools and school districts create their plans for the 2020-21 school year, they must ensure
that all teachers, school and district leaders and pupil personnel service professionals hold a
valid and appropriate certificate for their assignment; can continue to utilize incidental
teaching when determining how to staff their classrooms; can employ substitute teachers to
address staffingneeds for the allowable amount of days given their qualifications and teaching
assignment; should work with educator preparation programs to identify appropriate ways in
which student teachers can support classroom instruction; and should consider whether their
currently approved APPR plans may need to be revised in order to be consistent with their
plans for re-opening under an in-person, remote or hybrid instructional model.
TABLE OF CONTENTS
INTRODUCTION 79
77
SUBMISSION OF REOPENING PLANS 80
COMMUNICATION/FAMILY AND COMMUNITY ENGAGEMENT 81
HEALTH AND SAFETY 83
FACILITIES 111
CHILD NUTRITION 118
TRANSPORTATION 123
SOCIAL EMOTIONAL WELL-BEING 127
SCHOOL SCHEDULES 138
BUDGET AND FISCAL MATTERS 139
ECONOMIC OVERVIEW 139
ATTENDANCE AND CHRONIC ABSENTEEISM 144
TECHNOLOGY AND CONNECTIVITY 148
TEACHING AND LEARNING 151
CAREER AND TECHNICAL EDUCATION (CTE) 166
ATHLETICS AND EXTRACURRICULAR ACTIVITIES 173
SPECIAL EDUCATION 174
BILINGUAL EDUCATION AND WORLD LANGUAGES 184
STAFFING 192
TEACHER AND PRINCIPAL EVALUATION SYSTEM (EDUCATION LAW §3012-D/ APPR) 131 193
STUDENT TEACHING 197
GLOSSARY OF TERMS BY TOPIC 197
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INTRODUCTION
The COVID-19 pandemic has affected all New Yorkers in myriad ways. Individuals, families, and
communities have suffered physically, emotionally, financially, and educationally. But, when New
York’s schools were required to close their buildings in March, instruction and support services
continued. School communities have worked tirelessly with their local health agencies and community-
based organizations to ensure that students and their families continue to receive critical resources,
like food and child care.
The 2020-21 school year will be our time to recover, rebuild and renew the spirit of New York’s
schools. Work-
ing together, educators, students, parents and
communities will continue to address this challenge
with resiliency, tenacity and grit.
This document is intended to provide guidance to
local educational agencies (LEAs) as they plan to
reopen their schools – whether instruction occurs in
person, remotely, or in some combination of the
two. Specifically, the document outlines the
essential elements that must be included in an LEA’s
school reopening plan, as well as recommended best practices for moving forward in these
unprecedented times.
Please note that where guidance in this document
differs from COVID-19-related guidance previously issued by the NYS Education Department, the more
recent guidance shall apply. Further, should any health and safety-related guidance in this document
conflict with guidance issued by the NYS Department of Health (DOH), the DOH guidance shall apply.
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The COVID-19 pandemic has highlighted the need for LEAs to always consider and address the health
and safety needs, as well as the social-emotional needs, of their students, families, and staff. Schools
and districts will need to coordinate with their local health departments and community stakeholders
to ensure adherence to all health and safety protocols, especially if their regional health status changes
and they are required to develop contingency plans. Identifying a site/district health/resource monitor
can help LEAs to ensure compliance with State and local health and safety requirements.
New York is a large and diverse state – so, there will be no “one size fits all” model for reopening
schools. Each LEA will have unique challenges and issues to be addressed within its reopening plan.
These are unprecedented times and it is imperative that school leaders and their communities take
this opportunity to build upon the educational opportunities provided to students. This guidance
document is intended to help make the return to school in 2020-21 a safe and successful one for all.
QUESTIONS REGARDING THIS GUIDANCE CAN BE DIRECTED TO REOPENINGGUIDANCE@NYSED.GOV
SUBMISSION OF REOPENING PLANS
As Reopening Plans are developed, LEAs must ensure that the mandatory elements outlined in this
guidance document and in the guidance released by NYS Department of Health (DOH) on July
13, 2020 are included.
Once finalized, Re-Opening Plans must be posted on the LEA’s public website in a location that is
easily located by students, parents, teachers, administrators, and other community
stakeholders. Re-Opening Plans for each school may be posted on individual school websites
or centrally on one district-wide page. All efforts should be made to make the plans available
in the dominant languages spoken by the school community.
On or around July 17, 2020 NYSED will issue a survey through the SED Monitoring and Vendor
Reporting System (“the Portal”) to collect essential information about the comprehensive Re-
Opening Plans developed for the 2020-21 school year. 1 Specifically, by July 31, 2020 LEAs must
complete the survey to provide NYSED with:
• A link to the public website where each school plan has been publicly posted; and
• A set of mandatory assurances completed by the Chief Executive Officer affirming that the
LEA will address, in each re-opening plan, all of the mandatory elements outlined in this
guidance document.
Within the Portal survey, assurances related to the mandatory elements will be addressed in the
same order as they appear in this guidance document.
Please note that unlike the previous processes used to collect Continuity of Learning, Child Care,
and Child Nutrition plans, the information submitted through the Portal will not include detailed
1 LEAs not able to submit through the Portal will be required to submit through alternate means developed by
NYSED.
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narratives or descriptions of specific actions to be taken by a school or district as part of their Re-
Opening Plan. Instead, those details must be articulated in the materials that are publicly posted on
the school/district website. This approach will allow schools to develop plans in their preferred
format, to rapidly address changes that may be needed based on local needs, and to update their
plan materials on a regular basis throughout the school.
Once LEAs have completed and submitted their survey within the Portal, a confirmation notice
indicating that the completed survey has been received by NYSED will be generated and sent to the
Chief Executive Office. Plans should be implemented with fidelity upon submission and should be
considered as approved unless the LEA is notified that modifications are necessary to ensure
compliance with this guidance.
As a final step, by July 31, 2020, LEAs must complete a short companion Department of Health
survey. LEAs are encouraged to provide weblinks to the publicly posted plans within the “Plan
Description” portion of the DOH survey.
COMMUNICATION/FAMILY AND COMMUNITY ENGAGEMENT
Regular and frequent communication between schools, families, and the wider community has
always been an essential element of effective family and community engagement. With all the
uncertainty surrounding COVID’s spread and its impact on local communities, communication
and family engagement will be more important than ever this year. When families, schools, and
communities work together and keep each other informed, students are more successful, and
everyone benefits.
As plans for reopening schools are being
developed, districts must work together
with families to foster trust and instill
confidence. Building these strong
relationships takes regular, frequent, and
transparent two-way communications.
These communications should be clear
and consistent, and families should be
encouraged to engage in the process.
NYS Communication Requirements
On July 13, 2020, New York State, the Reimagine Education Advisory Council, and the NYS
Department of Health released finalized guidance and
guiding principles for reopening schools. Pursuant to this guidance, a school, district, or other
party responsible for developing the school’s reopening plan must sign an assurance that its
plan includes provisions to meet the following communication requirements:
• Responsible Parties must engage with school stakeholders and community members (e.g.,
administrators, faculty, staff, students, parents/legal guardians of students, local health
departments, local health care providers, and affiliated organizations, such as unions,
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alumni, and/or community-based groups) when developing reopening plans. Plans for
reopening should identify the groups of people involved and engaged throughout the
planning process.
• Responsible Parties must develop a communications plan for students, parents or legal
guardians of students, staff, and visitors that includes applicable instructions, training,
signage, and a consistent means to provide individuals with information. Responsible
Parties may consider developing webpages, text and email groups, and/or social media
groups or posts.
• Responsible Parties must ensure all students are taught or trained how to follow new
COVID-19 protocols safely and correctly, including but not limited to hand hygiene, proper
face covering wearing, social distancing, and respiratory hygiene.
• Responsible Parties must encourage all students, faculty, staff, and visitors through verbal
and written communication (e.g., signage) to adhere to CDC and DOH guidance regarding
the use of PPE, specifically acceptable face coverings, when a social distance cannot be
maintained.”
Additionally, communications must be
provided in the language(s) spoken at
home among families and throughout the
school community. Written plans must be
accessible to those with visual and/or
hearing impairments.
Additional Considerations for Effective
Communications and Family Engagement
• Districts should provide regular updates
about health and safety, scheduling, and all
other information families should be aware of.
When distributing plans and information, schools should make clear the ways that families
can provide feedback.
• As suggested by the DOH guidance, schools should present information through a wide
array of platforms, including, for example, traditional mail, email, telephone calls, texting,
social media, news media, and website postings. It will be important for schools and
districts to develop a hot-line and website for parents and families to access the latest
information and updates.
• All families should have access to technology and there should be supports in place to help
operate and maintain the equipment.
Additionally, the DOH guidance recommends that responsible parties “should designate a
coordinator or other point(s) of contact to be the main contact upon the identification of positive
COVID-19 cases and to be responsible for subsequent communication. Coordinators should be
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responsible for answering questions from students, faculty, staff, and parents or legal guardians of
students regarding the COVID-19 public health emergency and plans implemented by the school.”
Resources
• The Dual-Capacity Framework for Family-School Partnerships - Karen L. Mapp & Eyal
Bergman
HEALTH AND SAFETY
The health and safety of the children and adults in our schools is paramount. Health and safety
considerations must always come first in every decision made and every action taken by our
schools and districts.
Whether instruction is provided in-person, remotely, or through some combination of the two,
schools have an important role to play in educating and communicating with school
communities about the everyday preventive actions they can take to prevent the spread of
COVID-19. Prevention is accomplished by following the recommendations of health authorities
in the following areas:
• Health Checks;
• Healthy Hygiene Practices;
• Social Distancing;
• Personal Protective Equipment (PPE) and Cloth Face Coverings; • Management of Ill
Persons; and
• Cleaning and Disinfection.
In each of these categories, schools should note those recommendations that are essential as
they represent the minimum standards. Additional considerations are based on best practice or
recommendations from the Centers for Disease Control and Prevention (CDC) and the New
York State Department of Health (NYSDOH) and should also be reviewed and included as
feasible in reopening plans. Schools and districts must continually monitor the CDC and DOH
websites to keep current with the latest COVID information and guidance.
Reopening Plan Mandatory Requirements
Districts/schools must review and consider the number of students and staff allowed to
return in person. These factors should be considered when determining resumption of
in person instruction:
Ability to maintain appropriate social distance
PPE and cloth face mask availability
Availability of safe transportation
Local hospital capacity – consult your local department of health.
Districts/schools must engage with school stakeholders and community members (e.g.,
administrators, faculty, staff, students, parents/legal guardians of students, local health
departments, local health care providers, and affiliated organizations, such as unions,
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alumni, and/or community-based groups) when developing health and safety
reopening plans. District/school plan should identify the groups of people involved and
engaged throughout the planning process.
District/school plan must include a communications plan for students,
parents/guardians, staff, and visitors that includes applicable instructions, training,
signage, and a consistent means to provide individuals with information.
District/school plan has a written protocol developed in collaboration with the district
or school’s director of school health services to instruct staff to observe for signs of
illness in students and staff and requires symptomatic persons to be sent to the school
nurse or other designated personnel.
District/school plan has a written protocol for daily temperature screenings of all
students and staff, along with a daily screening questionnaire for faculty and staff and
periodic use of the questionnaire for students.
District/school plan requires that ill students and staff be assessed by the school nurse
(registered professional nurse, RN) or medical director and that if a school nurse or
medical director is not available, ill students and staff will be sent home for follow up
with a healthcare provider.
District/school plan has written protocol requiring students or staff with a
temperature, signs of illness, and/or a positive response to the questionnaire to be
sent directly to a dedicated isolation area where students are supervised, prior to being
picked up or otherwise sent home.
District/school plan has written protocol to address visitors, guests, contractors, and
vendors to the school which includes health screening.
District/school plan has a written protocol to instruct parents/guardians to observe for
signs of illness in their child that require staying home from school.
District/school plan has written protocol and appropriate signage to instruct staff and
students in correct hand and respiratory hygiene.
District/school plan has written protocol to ensure all persons in school buildings keep
social distance of at least 6 feet whenever possible.
District/school plan has written protocol detailing how the district/school will provide
accommodations to all students and staff who are at high risk or live with a person at
high risk.
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District/school plan has written protocol requiring all employees, adult visitors, and
students to wear a cloth face covering whenever social distancing cannot be
maintained.
District/school plan has written protocol regarding students taking mask breaks.
District/school has plan for obtaining and maintaining adequate supplies of cloth face
coverings for school staff, students who forget their masks, and PPE for use by school
health professionals.
District/school plan has written protocol for actions to be taken if there is a confirmed
case of COVID-19 in the school.
District/school plan has written protocol that complies with CDC guidance for the
return to school of students and staff following illness or diagnosis of confirmed case of
COVID-19 or following quarantine due to contact with a confirmed case of COVID-19.
Return to school will be coordinated with the local health department.
District/school plan has written protocol to clean and disinfect schools following CDC
guidance.
District/school plan has written protocol to conduct required school safety drills with
modifications ensuring social distancing between persons.
District/school has written plan for district/school run before and aftercare programs.
District/school must designate a COVID-19 safety coordinator (administrator) whose
responsibilities include continuous compliance with all aspects of the school’s
reopening plan, as well as any phased-in reopening activities necessary to allow for
operational issues to be resolved before activities return to normal or “new normal”
levels.
Considerations for Reopening
• District/school has designated a COVID-19 resource person(s) to assist each school
building and the community.
• District/School plan should be translated into any additional languages spoken in the
school community.
• District/school should consider limiting the number of visitors on school grounds or in
school facilities.
• District/school plan should include steps that will be taken to instruct parents/guardians
in screening students at home for signs of illness by multiple means which may include
written communication, short videos and parent forums.
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• District/school plans which rely on parent/guardian screening before school should take
into account the parent/guardian’s ability to access internet or complete a written
check list accessible in the language spoken by the family.
• Alternatively, district/school plan should include written protocols to screen students
before entering school. Such protocols should meet CDC requirements for PPE and
social distancing, have sufficient supplies to conduct screenings, along with ensuring
waiting students are supervised.
• District/school plan encourages students to wear a cloth face covering at all times,
unless otherwise inadvisable.
• District/school plan includes a requirement that school health personnel wear PPE when
assessing ill persons or conducting certain respiratory treatments.
• District/school plan will designate 2 rooms if available for school health service
personnel. One room will be for healthy students to obtain medications and nursing
treatments. The second room will be for isolating ill persons.
• District/school will use disposable equipment and supplies in the health office as much
as practicable.
• District/school plan includes providing PPE to custodial and other personnel cleaning
and engaging in disinfection at the school if required by the manufacturer of the agent
being used.
• District/school plan includes a daily checklist for school personnel to inspect their area
and ensure they have sufficient supplies each day (e.g., face covering, tissues, hand
hygiene supplies, cleaning supplies, etc.)
• It is recommended that all districts/schools designate a staff member to be the COVID-
19 resource person. Considerations include:
o Resource person has a health background such as the school nurse or the
district or schools’s director of school health services (a.k.a. medical director). If
such person is not available, school administrator(s) familiar with the district
plan may act as the resource person
o Be the main contact upon the identification of positive COVID-19 cases and to
be responsible for subsequent communication
o Information on how to contact the resource person should be readily available
to the entire school community
o Schools are strongly encouraged to include the resource person, the medical
director if not the resource person, and other school health professionals in
their reopening plan development
• Policies regarding district/school run before and aftercare programs, should consider
social distancing, PPE usage, cleaning and disinfection requirements, as well as risk of
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COVID-19 transmission. Policies should consider how to maintain cohorts, if applicable,
or group members of the same household.
Health Checks
Parents/guardians and staff members must be provided resources to educate them regarding
the careful observation of symptoms of COVID-19 and health screening that must be conducted
each morning before coming to school. Parents/guardians and school staff must be instructed
that any student or staff member with a fever of 100°F 2 or greater and/or symptoms of possible
COVID-19 virus infection should not be present in school. The Centers for Disease Control and
Prevention (CDC) keep an up to date list of symptoms of Coronavirus on its website. This list is
not all inclusive as some individuals may display other symptoms or none at all. As of
7/13/2020, the following are listed as the most common symptoms of COVID-19:
• Fever or chills (100°F or greater);
• Cough;
• Shortness of breath or difficulty breathing;
• Fatigue;
• Muscle or body aches;
• Headache;
• New loss of taste or smell;
• Sore throat;
• Congestion or runny nose;
• Nausea or vomiting; and/or • Diarrhea.
It is strongly recommended that all staff are educated to observe students or other staff
members for signs of any type of illness such as:
• Flushed cheeks;
• Rapid or difficulty breathing (without recent physical activity);
• Fatigue, and/or irritability; and
• Frequent use of the bathroom.
2 Centers for Disease Control and Prevention, Stay Home When You Are Sick. https://www.cdc.gov/flu/business/stay-
home-
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Students and staff exhibiting these signs with no other explanation for them should be sent to
the school health office for an assessment by the school nurse. If a school nurse is not
available, the school should contact the parent/guardian to come pick up their ill child or send
the staff member home. Health screenings including daily temperature checks and completion
of a screening questionnaire are required for staff, contractors, vendors, and visitors. Students
are required to have a daily temperature check and periodic completion of a screening
questionnaire. Anyone who has a temperature of 100°F or greater or has a positive response
on the screening questionnaire must be isolated from others and sent home immediately.
Students should be supervised in the isolated area while awaiting transport home. Schools
should refer such persons to a healthcare provider and provide resources on COVID-19 testing.
Students and staff are required to notify the school when they develop symptoms or if their
answers to the questionnaire change during or outside school hours. Schools are advised to
set up a means to collect this information such as a dedicated email or telephone line.
Schools should encourage staff to complete required screenings prior to arrival at school and
encourage parents/guardians to screen their child before sending them to school. Screening by
the parent/ guardian prior to school is preferred in lieu of temperature checks and symptom
screening being performed after arrival to school. Screening of students includes a daily
temperature check and periodic completion of a screening questionnaire.
A screening questionnaire determines whether the individual has:
● knowingly been in close or proximate contact in the past 14 days with anyone who has
tested positive through a diagnostic test for COVID-19 or who has or had symptoms of
COVID-19;
● tested positive through a diagnostic test for COVID-19 in the past 14 days;
● has experienced any symptoms of COVID-19, including a temperature of greater than
100.0°F in the past 14 days: and/or
● has traveled internationally or from a state with widespread community transmission of
COVID-19 per the New York State Travel Advisory in the past 14 days.
Per NYSDOH, schools are prohibited from keeping records of student, faculty, staff, and visitor
health data (e.g., the specific temperature data of an individual), but are permitted to maintain
records that confirm individuals were screened and the result of such screening (e.g., pass/fail,
cleared/not cleared).
Schools should consider providing staff and parents/guardians periodic reminders of the
requirement. This may be accomplished by:
• Providing weekly or daily reminders - such as an automated telephone message,
email, or text; and
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• Weekly written notices to homes in the parent/guardian’s native language where it is
known that families cannot access the information through the other methods.
Schools may collect screening information from staff and parents/guardian using:
• Texting apps;
• Phone systems;
• Online reporting; and/or
• Paper checklists.
Schools should have a designated staff person (administrative assistant, attendance person, or
school nurse - only if they can handle this additional duty with other job duties) to review the
incoming reports of screening by staff and parent/guardians and attesting that they are
completed. This person may also be the contact for staff or students to inform if they later
experience COVID-19 symptoms.
Procedures which require the parent/guardian to report the results of such screening rely on
the parent/guardian to complete the report. If the parent/guardian symptom screen evaluation
is done at home the school must:
• Ensure all students are treated equally; and
• Ensure students whose parent/guardian did not complete the screening are not
singled out.
Remember, it may not be possible for some families to conduct screenings at home for the
following reasons:
• The family may not have access to use of an online system or phone app;
• The information may not be in their primary language;
• The home environment may not be conducive to this process each morning; and/or
• The family may not remember to complete the screening.
Schools must take steps to ensure that any process has multiple avenues of completion and is
not used as a basis to exclude students from school. Students who may require screening to be
completed at school must be treated in a confidential manner and must have the screening
completed as quickly as possible to minimize time away from class.
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Screenings
Temperature
In some cases, it will not be practical for temperature checks to be performed prior to students
arriving at school. 3 Therefore schools will need to develop plans for checking temperatures of
students whose parent/guardian did not perform the screening. Schools should also implement
screenings for unscheduled visitors.
Schools conducting temperature screenings should have:
● Staff members to supervise students who are waiting their turn. While waiting,
students must be socially distanced;
● Trained staff members to perform temperature screenings;
● Sufficient supplies for taking temperatures such as disposable thermometer probes;
and
● PPE or barriers for staff members conducting the screening. Depending on the
availability of trained staff and supplies, the following methods are recommended by
the CDC 4 for conducting temperature screenings5.
Reliance on Social Distancing
• Ask parents/guardians to take their child’s temperature either before coming to the
facility or upon arrival at the facility. Upon their arrival, stand at least 6 feet away from
the parent/guardian and child.
• Ask the parent/guardian to confirm that the child does not have fever, shortness of
breath or cough.
• Make a visual inspection of the child for signs of illness which could include flushed
cheeks, rapid breathing or difficulty breathing (without recent physical activity), fatigue,
or extreme fussiness.
3 American Academy of Pediatrics, COVID-19 Planning Considerations: Guidance for School Re-entry.
https://services.aap.org/ en/pages/2019-novel-coronavirus-covid-19-infections/clinical-guidance/covid-19-planning-
considerations-return-to-in-person-educationin-schools/. Accessed 6/30/2020.
4 Centers for Disease Control and Prevention, Guidance for Childcare Programs that Remain Open. Updated
April 21, 2020. https://www.cdc.gov/coronavirus/2019-ncov/community/schools-childcare/guidance-for-
childcare.html#ScreenChildren. Accessed 6/30/2020.
5 Centers for Disease Control and Prevention, Guidance for Childcare Programs that Remain Open. Updated
April 21, 2020. https://www.cdc.gov/coronavirus/2019-ncov/community/schools-childcare/guidance-for-
childcare.html#ScreenChildren. Accessed 6/30/2020.
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Use of Barriers/Partition Controls for conducting temperature screenings:
• Stand behind a physical barrier, such as a glass or plastic window or partition that can
serve to protect the staff member’s face and mucous membranes from respiratory
droplets that may be produced if the child being screened sneezes, coughs, or talks;
• Perform hand hygiene;
• Wash your hands with soap and water for 20 seconds. If soap and water are not
available, use a hand sanitizer with at least 60% alcohol;
• Put on disposable gloves;
• Check the child’s temperature, reaching around the partition or through the window;
• Make sure your face stays behind the barrier at all times during the screening;
• If performing a temperature check on multiple individuals, ensure that you use a clean
pair of gloves for each child and clean the thermometer thoroughly between each
check;
• If disposable or non-contact (temporal or infrared) thermometers are used and there
was no physical contact with the child, you do not need to change gloves before the
next check; and
• If non-contact thermometers are used, clean them with an alcohol wipe (or isopropyl
alcohol on a cotton swab) between each student. You can reuse the same wipe if it
remains wet.
Use of Personal Protective Equipment when Barriers/Partition Controls are not available
If social distancing or barrier/partition controls cannot be implemented during screening,
personal protective equipment (PPE) can be used when within 6 feet of a child. However,
reliance on PPE alone is a less effective control and more difficult to implement, given PPE
shortages and training requirements.
• Upon arrival, wash your hands and put on a facemask, eye protection (goggles or
disposable face shield that fully covers the front and sides of the face), and a single
pair of disposable gloves. A gown could be considered if extensive contact with a child
is occurring;
• Take the child’s temperature;
• If performing a temperature check on multiple individuals, ensure that you use a clean
pair of gloves for each child and clean the thermometer thoroughly between each
check;
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• If disposable or non-contact (temporal or infrared) thermometers are used and there
was no physical contact with an individual, you do not need to change gloves before
the next check.
• If you use non-contact thermometers, clean them with an alcohol wipe (or isopropyl
alcohol on a cotton swab) between each client. You can reuse the same wipe if it
remains wet;
• After each screening, remove and discard gloves; and
• Use an alcohol-based hand sanitizer that contains at least 60% alcohol or wash hands
with soap and water for at least 20 seconds.
Healthy Hygiene Practices
Healthy hygiene practices should be taught and re-taught in school settings for both students
and staff. Schools are strongly encouraged to provide instruction to the school community in
hand and respiratory hygiene, along with providing adequate supplies and time to allow for
frequent hand hygiene. Additionally, schools must post signs throughout the school and should
regularly share messages with the school community. Signage should be used to remind
individuals to:
• Stay home if they feel sick.
• Cover their nose and mouth with an acceptable face covering when unable to
maintain social distance from others or in accordance with any stricter policy
implemented by the school.
• Properly store and, when necessary, discard PPE.
• Adhere to social distancing instructions.
• Report symptoms of, or exposure to, COVID-19.
• Follow hand hygiene, and cleaning and disinfection guidelines.
• Follow respiratory hygiene and cough etiquette.
Teaching healthy hygiene practices can be accomplished in person, by videos, announcements,
and posters or signs. Schools must post signage in highly visible areas such as:
● Entrances
● Restrooms
● Cafeteria or other dining areas
● Classrooms
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● Administrative offices
● Auditorium
● Janitorial staff areas
The CDC provides sample announcements on reducing the spread of COVID-19, videos about
behaviors that prevent the spread of COVID-19, and print and digital resources on CDC’s
communications resources main page, along with the NYSDOH COVID-19 signage.
Hand Hygiene
Students and staff must practice good hand hygiene to help reduce the spread of COVID-19.
Schools should plan time in the school day schedule to allow for hand hygiene. Hand hygiene
includes:
• Traditional hand washing (with soap and warm water, lathering for a minimum of 20
seconds), which is the preferred method;
• Use of alcohol-based hand sanitizers (60% alcohol or greater) when soap and water are
not available, and hands are not visibly dirty. NYSED’s Memo: Handwashing
Recommendations and Alcohol-based Hand Sanitizer Use in Schools provides
information to schools regarding the use of alcohol-based hand sanitizers;
• Provide hand sanitizer throughout common areas (e.g. entrances, cafeteria), near high
touch surfaces, and use touch free dispensers when able;
• Signage should be placed near hand sanitizer indicating visibly soiled hands should be
washed with soap and water; and
• Some students or staff may be unable to use alcohol-based hand sanitizers for health
reasons therefore they must be permitted to wash their hands with soap and water.
As noted in prior NYSED memos, hand sanitizers contain alcohol and are flammable. Alcohol-
based hand sanitizer dispensers are permitted to be installed in rooms and corridors in limited
quantities in accordance with FCNYS 2020 Section 5705.5.
The CDC guidance on when and how to wash your hands provides information on when
handwashing should occur, how to wash hands correctly, and how to correctly use alcohol-
based hand sanitizers. Schools should provide the following:
• Adequate facilities and supplies for hand washing including soap and water;
• Paper towels or touch free paper towel dispensers where feasible (hand dryers are not
recommended as they can aerosolize germs);
• No-touch/foot pedal trash can;
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• Alcohol based hand sanitizers with at least 60% alcohol or disinfectant hand wipes;
• Time in the schedule to allow for frequent hand washing; and
• Promotion of proper hand washing before meals, after recess or physical education,
before and after removing PPE, and other times, as appropriate.
Portable sinks may be an option for schools to increase access to soap and water. At a
minimum, students and staff should wash hands, as follows:
• Upon entering the building and each classroom;
• After using shared objects or surfaces (e.g. electronic devices, musical instruments,
writing utensils, tools, toys, desks or table tops);
• Before and after snacks and lunch;
• After using the bathroom;
• After helping a student with toileting;
• After sneezing, wiping or blowing nose, or coughing into hands;
• Upon coming in from outdoors; and
• Anytime hands are visibly soiled.
Respiratory Hygiene
Processes and procedures for respiratory hygiene must be included in reopening plans.
The COVID-19 virus spreads from person to person in droplets produced by coughs and
sneezes. Therefore, it is important that students and staff cover their mouths or noses with
a tissue when coughing or sneezing and dispose of the tissue appropriately.
A supply of tissues and no touch/floor pedal trash cans should be available in each room when
feasible. If no tissue is available, using the inside of the elbow (or shirtsleeve) to cover the
mouth or nose is preferable to using the hands. Always perform hand hygiene after sneezing,
coughing and handling dirty tissues or other soiled material.
Social Distancing
Social Distancing also called “physical distancing” means keeping a six foot space between
yourself and others. Schools are to develop, implement, and enforce social distancing in all
school facilities and on school grounds, including transportation.
Ensure that student groupings are as static as possible by having the same group/cohort of
students stay together. Additionally,
• It is recommended that the size of groups/cohorts of students be determined by the
number of students who can be in each classroom while maintaining 6 feet social
distancing.
• Stagger arrival and/or dismissal times to allow increased social distancing on buses as well
as in classrooms. Consider dividing up student entry points rather than funneling all
students through the same entry space, to limit the amount of close contact between
students in high-traffic situations and times.
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• Schools should follow all safety requirements when considering the use of other entrances
and ensure that all entrances are monitored and are locked after use.
• Making arrival schedule changes for students who walk or are dropped off at school by a
parent or caregiver is another possibility;
• Establish designated areas for student drop-off and pick-up, limiting contact and entry of
parents/ guardians into the building, to the greatest extent possible.
• Reduce in-school movement where possible by keeping students within a defined area or
classroom and modifying class schedules or class transitions using these
recommendations:
o If possible, have the same cohort of students with the same teacher each day
o Special area teachers (e.g., music, art, physical education) may go to
individual classrooms versus rotating all students through a shared space that
is not able to be cleaned with each new use. Whenever possible, hold physical
education and music classes outside and encourage students to spread out
o Stagger the use of restrooms, allowing use at other times when necessary.
Bathrooms may be monitored by staff to ensure social distancing, that it is
clean, and students are washing hands after use.
• Turn desks (including teachers) to face in the same direction rather than facing each other
to reduce transmission caused by virus-containing droplets (e.g., from talking, coughing,
sneezing);
• Open windows to improve ventilation. Do not open windows if there is a health or safety
risk (e.g., allergies, or potential fall);
• Keep individual student belongings separated. Limit use of shared supplies to one group of
students, clean between use by cohorts of students;
• Consider using visual aids (e.g., painter’s tape, stickers, posters, cones etc.) to illustrate
traffic flow and appropriate spacing to support social distancing;
• Explore the use of alternate spaces (e.g., classroom) for eating lunch and breakfast. If
alternate spaces are not available, ensure classroom groups are together in lunchrooms
while adhering to the social distancing rules;
• Restrict the use of classrooms and other places where students, faculty, and staff gather
(e.g., lockers, cubbies, entryways, hallways), so that individuals can be socially distanced.
Assign lockers or other student storage areas by cohort or eliminate their use – however,
students should not carry an unreasonable number of books or materials throughout the
day;
• Limit gathering in small spaces (e.g., elevators, faculty offices) by more than one individual
at a time, unless all individuals in such space are wearing acceptable face coverings;
• Playgrounds may continue to be used when proper safeguards are in place. In elementary
school settings, consider staggering playground use rather than allowing multiple classes
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to play together. Limit other activities where multiple groups interact. Wash hands before
and after touching play structures and keep 6 feet of space from other children as much as
possible. When possible, build in visual cues that demonstrate physical spacing;
• Ensure that a distance of twelve feet in all directions is maintained between individuals
while participating in activities requires projecting the voice (e.g., singing), playing a wind
instrument, or aerobic activity.
• Cancel/limit student assemblies, athletic events/practices, performances, school-wide
parent meetings. Consider transitioning field trips to free virtual opportunities. Consider
changing in-school events to a virtual format; and
• Limit visitors to school buildings. Consider using online meetings with parents and other
persons when feasible.
The Kentucky Department of Education (KDE) has released a classroom capacity calculator to assist
schools. The link to this calculator is
https://education.ky.gov/comm/Documents/RoomCapacityCalculator. xlsx.
Medically Vulnerable/High-Risk Groups
The following groups are at increased risk for complications from COVID-19 and may need
added or alternative provisions for social distancing. Students who have family members who
are in high risk groups may also need to attend school remotely. Schools will need to make
accommodations and be able to accommodate the needs of these students in the school
community.
Persons in these groups should consult with their healthcare provider regarding prevention:
• Individuals age 65 or older;
• Pregnant individuals;
• Individuals with underlying health conditions including, but not limited to:
o chronic lung disease or moderate to severe
asthma
o serious heart conditions
o immunocompromised
o severe obesity (body mass index [BMI] of 30
or higher)
o diabetes
o chronic kidney disease undergoing dialysis
o liver disease
o sickle cell anemia
o children who are medically complex, who
have neurologic, genetic, metabolic
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conditions, or who have congenital heart
disease are at higher risk for severe illness
from COVID-19 than other children.
Students with special needs or students who are medically fragile may not be able to
maintain social distancing, hand or respiratory hygiene, or wear a face covering or mask. It is
important for parents/ guardians to work with their child’s healthcare providers so that an
informed decision can be made on how best to meet the child’s needs at school while
protecting their health and safety. Transitioning these students back to school requires:
• Planning and coordination of:
o school health
services personnel
o special education
personnel
o pupil personnel
services and
o administration.
• Being aware that such families are already under significant stress and COVID-19 has
made their situations more critical.
Alternate plans created in consultation with school health personnel on how to meet the needs
of the child while keeping social distancing may include:
• Additional PPE for staff caring for such students;
• Assigning only one staff member to care for the student; and/or
• Decreased students in a classroom, alternating schedules, and provision of related
services to an individual instead of group setting.
Finally, if the parents/guardians choose not to send their child back to school, schools will need
to provide instruction remotely. Please see the section on Special Education for more details.
Personal Protective Equipment (PPE)
Schools should review the OSHA COVID-19 guidance for information on how to protect staff
from potential exposures, according to their exposure risk pursuant to their Exposure Control
Plan . The OSHA guidance also sets forth when PPE is needed by staff pursuant to the OSHA
standards.
The CDC recommends that school-based health personnel use Healthcare Facilities: Managing
Operations During COVID19 Pandemic Updated June 29, 2020 guidance when providing care to
ill persons as part of infection control protocols:
• Licensed healthcare professionals must utilize standard precautions at all times;
• Transmission- based precautions should be used when assessing persons suspected of
having COVID-19;
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• Schools should ensure they have adequate supplies of PPE for use by school health
professionals to assess and care for ill students and staff members;
• Such PPE includes, but is not limited to:
o face masks
(disposable
surgical masks)
o respirators
(N95) masks that
are fit tested
o eye protection
or face shields
o gloves
o disposable
gowns.
For optimal protection, when worn, the face shield must be used with a face mask and:
• Extend below the chin anteriorly;
• To the ears laterally;
• There should be no exposed gap between the forehead and the shield’s headpiece;
• Only be worn one person per shield;
• Be cleaned between use; and
• The wearer should wash their hands after removing the shield and before putting it on.
Obtaining PPE may be difficult due to high demand. To assist schools in meeting these
requirements they are encouraged to consult their BOCES or County or City Emergency
Manager and use a tool to calculate how much PPE is needed. One available tool was
developed by the Massachusetts Department of Education.
DISPOSABLE MASKS
Initial recommended quantities per 100 individuals per group per school
Quan- 12-week 12-week 12-week
tity per Supply at Supply at Supply at
Group 100 per 100% 50% 25% Assumptions
group Attendance Attendance Attendance
1 disposable mask per week
per student (to supplement
Students 100 masks
1,200 600 300 the cloth masks provided by
per week parent/guardian).
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Teachers 5 disposable masks per
and other 500 6,000 3,000 1,500 week per teacher.
staff
School 10 disposable masks per
nurses and week per school nurse.
health 1,000 12,000 6,000 3,000
providers
MATERIALS FOR STAFF MEMBERS WILL WHO MAY BE IN HIGH-INTENSITY
CONTACT WITH STUDENTS OR HANDLING WASTE MATERIALS
Initial recommended quantities calculated per 1 staff (e.g. nurses, custodians, and some
special education teachers and other staff)
1-week
Supply for 12-week
Item 1 Staff Assumptions
Supply
10 pairs disposable nitrile
Disposable Nitrile Gloves 10 120 gloves per week, per staff.
10 disposable gowns per week,
Disposable Gowns 10 120 per staff.
2 re-usable eye protection per
Eye Protection 2 n/a staff total.
2 reusable face shields per
Face Shields 2 n/a staff total.
Waste Disposal Medium 1 n/a 1 unit per staff total.
N-95 Ventilating Masks*
Note: N-95 masks are recommended
only if staff will be in contact with a
suspected COVID-19 positive case 10 N-95 masks per week, per
10 120
and/or performing aerosol- staff.
generating procedures
PPE is recommended when performing aerosolized treatments, assessing and caring for a
person who is suspected of having COVID-19. Health care professionals should review the
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CDC guidance on the correct use of PPE. Face shields worn without other face coverings are
not considered adequate protection against COVID-19 and should not be used alone.
Aerosol Generating Procedures
Respiratory treatments administered by nurses generally result in aerosolization of respiratory
secretions. These aerosol generating procedures (AGPs) potentially put healthcare personnel
and others at an increased risk for pathogen exposure and infection. The CDC recommends PPE
use when administering AGPs. PPE consists of:
● Gloves;
● N95 or surgical facemask;
● In lieu of N95 - a surgical mask with face shield;
● Eye protection; and
● A gown (if necessary).
PPE should be used when:
● Suctioning;
● Administering nebulizer treatments; or
● Using peak flow meters with students who have respiratory conditions.
Treatments such as nebulized medication treatments and oral or tracheostomy suctioning
should be conducted in a room separate from others with nursing personnel wearing
appropriate PPE. For nebulizer treatments, if developmentally appropriate, the nurse could
leave the room and return when the nebulizer treatment is finished. Due to limited availability
of data, it is uncertain whether aerosols generated by nebulizer treatments are potentially
infectious.6 Cleaning of the room should occur between use and cleaning of the equipment
should be done following manufacturer’s instructions after each use. The CDC recommends7
during the COVID-19 pandemic that respiratory medications utilizing metered dose inhalers
(MDI) with a spacer or valved holding chamber be used over nebulizer treatments whenever
possible. Based on limited data, use of MDIs (with or without spacers or valved holding
chambers) is not considered an aerosol-generating procedure. Nebulizer treatments at school
should be reserved for children who cannot use an MDI (with or without spacer or valved
holding chamber). Use of peak flow meters, including in the school setting, includes forceful
exhalation. Based on limited available data, forceful exhalation is not considered an aerosol-
generating procedure associated with increased risk of transmitting the virus that causes
6 Centers for Disease Control and Prevention- Healthcare Infection Prevention and Control FAQs for COVID-19
https://www.cdc. gov/coronavirus/2019-ncov/hcp/infection-control-faq.html. Accessed 6/20/2020.
7 Centers for Disease Control and Prevention- K-12 Schools and Child Care Programs FAQs for Administrators,
Teachers, and Parents.https://www.cdc.gov/coronavirus/2019-ncov/community/schools-childcare/schools-faq.html.
Accessed 6/30/2020.
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COVID-19. However, for some people with asthma, using a peak flow meter can trigger
coughing.
Cloth Face Coverings
Cloth face coverings are meant to protect other people in case the wearer is unknowingly
infected but does not have symptoms. Cloth face coverings are not surgical masks, respirators,
or other medical personal protective equipment. All individuals in school facilities and on
school grounds must be prepared to put on a face covering if another person unexpectedly
cannot socially distance. All students and staff members must wear cloth face coverings:
• Whenever they are within 6 feet of someone;
• In hallways;
• In restrooms; and
• In other congregate settings, including buses.
Schools must provide acceptable face covering to employees (and students if they forget their
own) and have an adequate supply in case of need for replacement per Executive Order
202.16. Schools should allow an employee to wear their own acceptable face covering but may
not require they supply their own face coverings. Employees with healthcare provider
documentation stating they are not medically able to tolerate face covering cannot be required
to do so.
Face coverings may be challenging for students (especially younger students) to wear in all-day
settings such as school, so scheduling mask breaks is important. Face coverings should not be
placed on:
• Children younger than 2 years old;
• Students where such covering would impair their health or mental health, or where
such covering would present a challenge, distraction, or obstruction to education
services and instruction;
• Anyone who has trouble breathing or is unconscious; or
• Anyone who is incapacitated or otherwise unable to remove the cloth face covering
without assistance.
Schools should instruct students, parents/guardians and staff, contractors and vendors on:
• The proper way to wear face coverings;
• Washing hands before putting on and after removing their face covering;
• Proper way to discard disposable face coverings;
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• The importance of routine cleaning of reusable face coverings; and
• Face coverings are for individual use only and should not be shared.
Information and resources to assist schools in instructing on the proper use and cleaning of
facemasks are on the CDC webpage on cloth face coverings.
Students and staff may use alternate PPE (i.e., face coverings that are transparent at or around
the mouth) for instruction or interventions that require visualization of the movement of the
lips and/or mouths (e.g., speech therapy). These alternate coverings may also be used for certain
students (e.g., hearing impaired) who benefit from being able to see more of the face of the
staff member.
Management of Ill Persons
Students and staff with symptoms of illness must be sent to the health office. Ideally a
school nurse (Registered Professional Nurse, RN) is available to assess individuals as chronic
conditions such as asthma and allergies or chronic gastrointestinal conditions may present
the same symptoms as COVID-19 but are neither contagious nor pose a public health
threat.
If a school nurse is not available, schools will have to isolate and dismiss any student or staff
member who has a fever or other symptoms of COVID-19 that are not explained by a chronic
health condition for follow up with a health care provider. Administrators should work
collaboratively with school nurses to determine if additional staff is needed to assist with non-
nursing tasks such as:
• Student supervision;
• Telephone calls, text, or emails to parent/guardians; and
• Assistance with completing any required paperwork other than nursing documentation.
If Students or Staff become Ill with Symptoms of COVID-19 at School
Schools should follow Education Law § 906, which provides [w]henever…a student
in the public schools shows symptoms of any communicable or infectious
disease reportable under the public health law that imposes a significant risk of
infection of others in the school, he or she shall be excluded from the school
and sent home immediately, in a safe and proper conveyance. The director of
school health services shall immediately notify a local public health agency of
any disease reportable under the public health law 8. The director of school
health services, or other health professionals acting upon direction or referral
of such director, may make such evaluations of teachers and any other school
8 Effective February 1, 2020, the 2019-Novel Coronavirus was added to the Public Health Law as a significant threat
to the public health, and the NYS Commissioner of Health designated 2019-Novel Coronavirus as a communicable
disease under 10 NYCRR Section 2.1.
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employees, school buildings and premises as, in their discretion, they may
deem necessary to protect the health of the students and staff.
School staff must immediately report any illness of students or staff to the school nurse or
other designated school staff. Such reports should be made in compliance with FERPA, and
Education Law 2-d. If nurses choose to go to classrooms to make assessments of students, this
also should be done in a manner that protects the student’s confidentiality. If there are
several students waiting to see the school nurse, arrangements should be made to have
students wait at least 6 feet apart. Ideally schools should have two rooms for school health
personnel - one room for healthy students who have injuries or need their medications or
nursing treatments, and another room for assessing and caring for ill students and staff. Both
rooms require a supervising adult to be present and should have easy access to a bathroom
and sink with hand hygiene supplies. School nurses and other school health professionals
assessing or providing care to ill students and staff should follow Transmission- based
precautions which includes the use of appropriate PPE (see section on PPE).
Students suspected of having COVID-19 awaiting transport home by the parent/guardian must
be isolated in a room or area separate from others, with a supervising adult present utilizing
appropriate PPE. Multiple students suspected of COVID-19 may be in this isolation room if they
can be separated by at least 6 feet
The CDC and NYSDOH recommend:
• Closing off areas used by a sick person and not using these areas until after cleaning
and disinfection has occurred;
• Opening outside doors and windows to increase air circulation in the area.
• Waiting at least 24 hours before cleaning and disinfection. If waiting 24 hours is not
feasible, wait as long as possible;
• Clean and disinfect all areas used by the person suspected or confirmed to have
COVID-19, such as offices, classrooms, bathrooms, lockers, and common areas.
Once the area has been appropriately cleaned and
disinfected it can be reopened for use.
Individuals without close or proximate contact with
the person suspected or confirmed to have COVID-
19 can return to the area and resume school
activities immediately after cleaning and
disinfection.
Refer to DOH’s “Interim Guidance for Public and
Private Employees Returning to Work Following
COVID-19 Infection or
Exposure” for information on “close and proximate” contacts.
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• If more than seven days have passed since the person who is suspected or confirmed
to have COVID-19 visited or used the facility, additional cleaning and disinfection is not
necessary, but routine cleaning and disinfection should continue.
If a separate room is not available, keep at least a 6-foot distance between ill students and
other persons. If they cannot be isolated in a separate room from others, it is recommended
that a facemask (e.g., cloth or surgical mask) be provided to the student if the ill person can
tolerate wearing it and does not have difficulty breathing, to prevent the possible transmission
of the virus to others while waiting for transportation home. It is recommended that:
• Students should be escorted from isolation area to the parent/guardian;
• The parent or guardian be instructed to call their health care provider, or if they do not
have a health care provider, to follow up with a local clinic or urgent care center;
• Symptomatic students or staff members follow CDC’s Stay Home When You Are Sick
guidance unless otherwise directed by a healthcare provider or the local department of
health. If the student or staff member has emergency warning signs such as trouble
breathing, persistent pain or pressure in the chest, new confusion, inability to arouse,
bluish lips or face, call 911 and notify the operator that the person may have COVID-19;
• School staff be aware of the symptoms of Multisystem Inflammatory Syndrome in
Children (MIS-C) associated with COVID-19 which is a serious condition associated with
COVID-19 in children and youth. Schools should notify the parent/guardian if their child
shows any of the following symptoms and recommend the child be referred for
immediate follow up with a healthcare provider:
o fever o abdominal
pain o vomiting o
diarrhea o neck pain o
rash o bloodshot eyes
o feeling extra tired
• Schools must call for emergency transport (911) following district policies, for any
student showing any of these emergency warning signs of MIS-C or other concerning
signs:
o trouble breathing o
pain or pressure in the
chest that does not go
away o new confusion
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o inability to wake or
stay awake o bluish
lips or face o severe
abdominal pain
• If a student or staff member reports having tested positive for COVID-19, school
administrators or his/her designee should notify the local health department to
determine what steps are needed for the school community.
Return to School after Illness
Schools must follow CDC guidance for allowing a student or staff member to return to school
after exhibiting symptoms of COVID-19. If a person is not diagnosed by a healthcare provider
(physician, nurse practitioner, or physician assistant) with COVID-19 they can return to school:
• Once there is no fever, without the use of fever reducing medicines, and they have felt
well for 24 hours;
• If they have been diagnosed with another condition and has a healthcare provider
written note stating they are clear to return to school.
If a person is diagnosed with COVID-19 by a healthcare provider based on a test or their
symptoms or does not get a COVID-19 test but has had symptoms, they should not be at school
and should stay at home until:
• It has been at least ten days since the individual first had symptoms;
• It has been at least three days since the individual has had a fever (without using fever
reducing medicine); and
• It has been at least three days since the individual’s symptoms improved, including
cough and shortness of breath.
The CDC provides specific guidance for individuals who are on home isolation regarding when
the isolation may end.Discontinuation of Isolation for Persons with COVID-19 Not in Healthcare
Settings. CDC recommendations for discontinuing isolation in persons known to be infected
with COVID-19 could, in some circumstances, appear to conflict with recommendations on
when to discontinue quarantine for persons known to have been exposed to COVID-19. CDC
recommends 14 days of quarantine after exposure based on the time it may take to develop
illness if infected. Thus, it is possible that a person known to be infected could leave isolation
earlier than a person who is quarantined because of the possibility they are infected.
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COVID-19 Testing
It is strongly recommended that schools comply with CDC guidance and not conduct COVID-19
testing or require testing or antibody testing of students or staff members. The decision of
whether a test needs to be conducted should be determined by a healthcare provider or the
local department of health. CDC Interim Considerations for K-12 School Administrators for
SARS-CoV-2 Testing
Schools should identify who in the community is responsible for referring, sourcing, and
administering testing (e.g., local health department testing site, physician offices, hospital
system) particularly in the event that large-scale testing at the school is needed. Schools
wanting to perform COVID-19 testing must apply and be approved as a limited service
laboratory (LSL). Please refer to the instructions and application materials, and if applicable,
the worksheet for multiple locations.
Contact Tracing
Contact tracing is a public health function performed by local public health departments to
trace all persons who had contact with a confirmed case of COVID-19. This allows public health
officials to put in place isolation or other measures to limit the spread of the virus. Schools
must cooperate with state and local health department contact tracing. Schools can assist
public health departments in knowing who may have had contact at school with a confirmed
case by:
• keeping accurate attendance records of students and staff members;
• ensuring student schedules are up to date;
• keeping a log of any visitors which includes date, time and where in the school they
visited; and
• Assist local health departments in tracing all contacts of the individual at school in
accordance with the protocol, training, and tools provided through the New York State
Contact Tracing Program. This does not mean schools are required to have staff
members take the contract tracing program. Questions should be directed to the local
health department.
Confidentiality must be maintained as required by federal and state laws and regulations.
School staff should not try to determine who is to be excluded from school based on contact
without guidance and direction from the local department of health.
School Closures
Schools must collaborate with their local health department to determine the parameters,
conditions or metrics (e.g., increased absenteeism or increased illness in school community)
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that will serve as early warning signs that positive COVID-19 cases may be increasing beyond an
acceptable level.
School administrators should consider closing school if absentee rates impact the ability of the
school to operate safely. Schools may choose to modify operations prior to closing to help
mitigate a rise in cases. Schools should consult their medical director and/or the local
department of health when making such decisions.
Cleaning and Disinfection
The CDC provides Reopening Guidance for Cleaning and Disinfection with specific guidance for
schools along with the Cleaning and Disinfection Decision Tool to aid in determining what level
of cleaning and/or disinfection is necessary. School wide cleaning must include classrooms,
restrooms, cafeterias, libraries, playgrounds, and busses. The guidance provides a general
framework for cleaning and disinfection practices. The framework is based on doing the
following:
• Normal routine cleaning with soap and water will decrease how much of the virus is on
surfaces and objects, which reduces the risk of exposure;
• Disinfection using US Environmental Protection Agency (EPA)-approved disinfectants
against COVID-19. Where disinfectants are used, products should be registered with
EPA and the NYS Department of Environmental Conservation (DEC). Frequent
disinfection of surfaces and objects touched by multiple people is important;
• When EPA-approved disinfectants are not available, alternative disinfectants can be
used (e.g., 1/3 cup of bleach added to 1 gallon of water or 70% alcohol solutions). Do
not mix bleach or other cleaning and disinfection products together. This can cause
fumes that may be extremely dangerous to breathe in. Keep all disinfectants out of the
reach of children;
• Schools must identify cleaning and disinfection frequency for each facility and area
type; and
• Schools must maintain logs that include the date, time, and scope of cleaning and
disinfection in a facility or area.
Cleaning plans should include considerations regarding the safety of custodial staff and other
people who are carrying out the cleaning or disinfection. In order to disinfect areas frequently,
additional staff may need to be trained. For more information on concerns related to cleaning
safety, including training staff, see the Occupational Safety and Health Administration’s website
on Control and Prevention.
High touch surfaces should be cleaned and disinfected frequently though out the day.
Examples of high touch surfaces include:
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• Tables;
• Doorknobs;
• Light switches;
• Countertops;
• Handles;
• Desks;
• Phones;
• Keyboards and tablets;
• Toilets and restrooms; and
• Faucets and sinks.
Students should not be present when disinfectants are in use and should not participate in
cleaning and/or disinfection activities.
• It is important to establish a schedule for cleaning and/or changing heating/air
conditioning system filters. Opening windows, if it can be done safely, and conducting
classes outdoors are other strategies to increase airflow;
• Follow the manufacturer’s instructions for cleaning and disinfection of electronic
devices such as laptops, iPads or Chromebooks, keyboards and computer mice, etc.,
between use. Consider the use of wipeable covers for electronics. If the manufacturer’s
guidance is unavailable, consider the use of alcohol-based wipes or spray having at
least 70% alcohol per CDC Guidance. Dry surfaces thoroughly to avoid the pooling of
liquids;
• Shared wind musical instruments should be cleaned between use per the
manufacturer’s directions;
• Playgrounds should be cleaned per CDC guidance:
o outdoor areas, like playgrounds in schools and parks generally require normal
routine cleaning, but do not require disinfection
o do not spray disinfectant on outdoor playgrounds- it is not an efficient use of
supplies and is not proven to reduce risk of COVID-19 to the public
o high touch surfaces made of plastic or metal, such as grab bars and railings should
be cleaned routinely
o cleaning and disinfection of wooden surfaces (play structures, benches, tables) or
groundcovers (mulch, sand) is not recommended
● sidewalks and roads should not be disinfected.
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● Shared athletic/gym equipment (e.g., balls, protective gear) should be cleaned
between use per manufacturer’s directions.
School Health Office Cleaning
School health office cleaning must occur after each use of:
• Cots;
• Bathroom; and
• Health office equipment (e.g. blood pressure cuffs, otoscopes, stethoscopes, etc.)
should be cleaned following manufacturer’s directions.
Disposable items should be used as much as possible including:
• Disposable pillow protectors; or
• Disposable thermometers, or disposable thermometer sheaths or probes, and
disposable otoscope specula.
More information on cleaning health office equipment is on the New York State Center for
School Health’s website under COVID-19.
Other Considerations
Health Physicals and Screenings
Due to the COVID-19 pandemic and the effect it is having on healthcare providers, the
Department released the memo Health Examinations in Light of COVID-19 Pandemic, which
provides direction to schools when students are delayed in obtaining required health physical
examinations, along with information on the required health exam form Required NYS School
Health Examination Form.
The memo states:
• Schools are to continue to accept proof of a health examination regardless of the form
it is completed on for exams conducted on or before January 31, 2021;
• Parents/guardians are provided with additional time to provide the completed health
exam to the school;
• Student athletes are able to participate in the fall 2020 sports season even if they do
not have a current health examination if they meet certain criteria;
• Beginning February 1, 2021 health examinations for schools are to be completed on
the NYS Required Health Examination Form or an electronic health record equivalent
form. This directive may change depending on the status of the COVID-19 pandemic in
the fall; and
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• Hearing, vision, and scoliosis screenings will be waived for the 2020-2021 school year
due to the COVID-19 crisis, unless such screening has otherwise been deemed
necessary, pursuant to an amendment to Commissioner’s Regulations section 136.3(e).
Safety Drills
Education Law § 807 requires that schools conduct 8 evacuation and 4 lockdown drills each
school year. When planning drills, consideration should be given to how a school may modify
their drill procedures to minimize risk of spreading infection. Conducting drills is an important
part of keeping students and staff safe in an emergency, however, steps should be taken to
minimize the risk of spreading infection while conducting drills. As such, it may be necessary for
schools to conduct drills in the 2020-21 school year using protocols that are different than they
are used to.
Regardless of the modification used when conducting a drill, students should be instructed that
if it was an actual emergency that required evacuation or lockdown, the most imminent
concern is to get to safety; maintaining social distancing in an actual emergency that requires
evacuation or lockdown may not be possible and should not be the first priority.
Modifications to evacuation drill protocols may include, but are not limited to:
• Conducting drills on a “staggered” schedule, where classrooms evacuate separately
rather than all at once, and appropriate distance is kept between students to the
evacuation site. Staggering by classroom, minimizes contact of students in hallways,
stairwells, and at the evacuation site. If conducting drills using a modified procedure, it
is required that the drill be conducted with all students in the school building on that
school day, it may be necessary to do so during a class period that is extended for this
purpose; and
• If schools re-open with a “hybrid” in-person model, such as one where students attend
school alternate school weeks to reduce the occupancy of the school building, schools
must be certain that all students are receiving instruction in emergency procedures,
and participating in drills
while they are in attendance in-person.
Modifications to Lockdown Drills may include, but are not limited to:
• Conduct lockdown drill in classroom setting while maintaining social distancing and
using masks;
• Conducting lockdown drills on a “staggered” schedule with smaller numbers of
students present to maintain social distancing, however schools must be certain that
all students are receiving instruction in emergency procedures and participating in
drills while they are in attendance in-person; and
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• Conduct lockdown drill in classroom without “hiding”/ “sheltering” but provide an
overview of how to shelter or hide in the classroom.
FACILITIES
When students and adults return to their school
buildings for in-person instruction, it will be vitally
important that the physical spaces they occupy
are configured and maintained in a way that
provides the maximum possible protection from
spreading the coronavirus.
School districts will follow health guidance related to
social distancing and other safety measures that
must be put in place to slow the spread of COVID-19. To meet the requirements of that
guidance, school districts or other applicable schools may need to rearrange or re-purpose
physical space within their buildings, expand buildings’ or districts’ footprints or alter existing
spaces through construction or changes in programming or operation. Several of these
alternatives have implications for fire code compliance and may require code review by the
New York State Education Department’s (NYSED’s) Office of Facilities Planning.
Many questions will arise as districts or other applicable schools balance fire safety and building
security needs with efforts to prevent the spread of COVID-19. NYSED’s team is in consultation
with other state agencies to ensure that all factors are fully considered, and the risks to building
occupants are minimized across the full range of potential concerns.
Reopening Mandatory Requirements
General Health and Safety Assurances
School districts or other applicable schools must follow all guidance related to health
and safety. This will include meeting social distancing requirements and cleaning
frequently touched spaces regularly to prevent spread of infection. These
requirements will be addressed in more detail in other parts of the NYSED Re-
Opening Guidance. The Facilities portion of the district’s, or other applicable
school’s, reopening plan will seek assurance that school districts or other applicable
schools will meet all requirements associated with building space related changes
that they may elect to make.
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Fire Code Compliance
Changes or additions to facilities require review by the Office of Facilities Planning
(OFP), since all spaces to be occupied by public school students and staff must
meet the requirements of the 2020 New York State Uniform Fire Prevention and
Building Code (BC) and the State Energy Conservation Code. In their plans, districts
or other applicable schools will provide assurances that, should alterations be
made, districts and other applicable schools will submit the proposed changes to
the OFP for review and approval - just as with any other project.
Doorways
Many stairs and corridor doors have closers with automatic hold opens. These doors
are normally held in the open position and are automatically released by the fire
alarm system. The function, position, and operation of those doors must remain
unchanged. Fortunately, they need not be touched during normal use.
Emergency Drills
Districts or other applicable schools shall conduct standard operations and
procedures to the best of their abilities without deviating from current
requirements. Fire (evacuation) Drills and Lockdown Drills are required by Education
Law and regulation and the Fire Code and they must be conducted without
exceptions. Fire Code Section 404 requires that schools maintain Fire Safety,
Evacuation, and Lockdown Plans and these plans include how lockdown and
evacuation drills are conducted. Methods to promote and provide for social
distancing during the evacuation drills are ultimately the district’s or other
applicable school’s decision and responsibility. Those changes must be included in
the Fire Safety plans.
Inspections
Statute has not been changed to provide an extension to the submission deadline
for the Building Condition Survey or Visual Inspections. These deadlines must be
met.
Lead Testing due in 2020
At present, the statutory requirement that lead testing occur in 2020 continues.
NYS DOH regulation 67-4, Lead-In-Water Testing, DOH requires lead-in-water testing
to be conducted when the building is “normally occupied.” Sampling should not be
conducted when the building is vacant or has been vacant for an extended period due
to COVID-19 closure. Simulation of “normally occupied operation” for the purpose of
lead-in-water testing is not permitted. NYS DOH advises that schools follow
recommended procedures to the extent possible to provide clean and safe drinking
water upon reopening.
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Considerations for Reopening Plans
Means to Control Infection
These are arrangements that can be considered to reduce transmission of infection:
• Time Management: School leaders should manage time and schedules to reduce
student use of the corridors. The traditional practice of changing classes between periods
results in congested hallways and creates challenges to precludes social distancing.
• Leave Doors Open: To reduce the spread of the virus from touching door levers and
knobs, doors may be fixed in the open position. This is only permitted at doors without
door closers and doors which are not fire rated.
• Plastic Separators: The use of light-transmitting plastics is recommended in locations
where social distance or mask requirements cannot be complied with or easily regulated.
For example, to separate individual lavatory sinks from each other. Light-transmitting
plastics must comply with 2020 BCNYS Section 2606 to mitigate the negative impact of life
and safety features of a school.
• Alcohol-based Hand Rub Dispensers: Districts or other applicable schools should
assess each building’s capacity to provide adequate hand washing facilities and determine
if the use of alcohol-based hand rub dispensers is required. Alcohol-based Hand-Rub
Dispensers are permitted to be installed in rooms and corridor in limited quantities in
accordance with FCNYS 2020 Section 5705.
• Dividers at doors and other points of congregation: It may be advisable to use
dividers at queue lines and other areas subject to overcrowding to control the groups.
These dividers must be approved by the OFP. Consult your architect and submit floor plans
to OFP for approval. This review is required because improperly placed dividers could
obstruct escape during an emergency.
Required Square Footage
While recommendations on social distancing suggest that maintaining a six-foot distance from
others is optimal, the building code itself does not mandate a minimum square footage per
person on which districts or other applicable schools must base the number of students and
staff in a building. Code sets standards for individual rooms and it varies on room function. If
contemplating a change in class size use 20 square foot (SF) per person for a classroom, 15 SF
per person for cafeterias, 50 SF Vocational, Tech and Special Ed., 150 SF for offices, 5-15 SF at
gymnasiums.
Contact an architect at the OFP with questions pertaining to change of room use and occupant
load or if a proposed change in occupancy of a space results in an occupant count greater than
49. A higher expected number of occupants may change the requirements for exits.
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Facility Alterations and Acquisition
Districts or other applicable schools may choose to ease social distancing by changing the way
they use space in their existing buildings or by acquiring additional space. All spaces to be
occupied by school students and staff must meet the requirements of the 2020 New York State
Uniform Fire Prevention and Building Code and the State Energy Conservation Code.
Changes to Space Utilization and/or Alterations
Alterations Mandatory Requirements
If districts/schools expect to make space alterations to the physical space or the building, these
items will be required:
Alterations to the configuration of existing classrooms or spaces or the introduction of
temporary and/or movable partitions, the change must be submitted to OFP, the local
municipality and/or code enforcement officials for review.
Means of egress, fire alarm system, ventilation, and lighting may be affected and must be
indicated on all submitted plans.
Consult your architect and submit floor plans to OFP for approval.
COVID-19 Projects shall be indicated as “COVID-19 Reopening” when submitted to the
OFP. This will allow NYSED to expedite those reviews.
The installation of movable partitions (gym, cafeteria, Library classroom dividers) and
queue barricades shall require an abbreviated submission consistent with the Form FP-AU
Request for Approval of Use of a Facility.
Use of Cafeterias, Libraries, Auditoriums and Gymnasiums: A floor plan of the entire room
showing the furniture layout with egress aisles shall be submitted to OFP for approval.
Lighting, ventilation, means of egress, and fire alarm coverage must be indicated.
Districts or other applicable schools can utilize available space in the cafeteria, gyms,
auditorium, and libraries (or sections thereof), as classroom space. Minor alterations and the
use of space dividers may be utilized in existing classrooms. The need for social distancing may
be enhanced by alterations to a lobby or corridor and /or interior spaces/rooms.
Space Expansion
Space Expansion Mandatory Requirements
If districts or other applicable schools choose to expand their square footage in order to enable
improved social distancing (e.g. building additions, lease space, transportable classroom units
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or spaces such as tents) the following requirements apply for all spaces to be occupied by
school district staff and students:
Code Review: Per statute, NYSED’s Office of Facilities Planning must review and
approve the above types of projects to ensure that the proposed spaces meet the
fire code.
Offsite Lease Requirements: For offsite facilities, the district or other applicable
schools must contact their project manager at NYSED Office of Facilities Planning
(OFP) and submit a Temporary Quarters (TQ) Project submission.
To ensure that these sites meet all requirements, TQ submissions require submission of:
OFP Form FP_AU-Request for Approval of Use of a Facility;
architectural quality floor plan;
site plan;
AHERA Plan;
Fire Safety Report;
Confirmation of Americans with Disabilities Act compliance;
Local Code Authority Certificate of Occupancy; and
Approval of use of space.
Please note – if a Change of Occupancy in the Existing Building Code applies (e.g.
office or B-occupancy to E-occupancy) code requirements such as rescue windows;
accessibility; fire protection systems such as sprinkler or emergency voice alarm
communication systems; ventilation – may make it infeasible.
Districts or other applicable schools should identify COVID-19 Projects as “COVID-
19 Reopening” when required materials are submitted to OFP for review.
Consult with OFP for a preliminary evaluation of all facilities under consideration
for leasing. All leased facilities must be submitted to OFP for review and approval.
Please consult with your architect/engineer of record.
Districts or other applicable schools should identify COVID-19 Projects as “COVID-19
Reopening” when required materials are submitted to OFP for review.
Tents for Additional Space
Tents for Additional Space Mandatory Requirements
If tents are used as alternate spaces, then the following requirements apply:
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Tents, both temporary and permanent are regulated by code and must be submitted for a
building permit.
Temporary structures and tents are those erected for 180 days or less. The Building Code Section
3103.1 indicates, “tents and membrane structures erected for a period of less than 180 days shall
comply with the Fire Code of NYS”.
The Fire Code (FC) Chapter 31 contains extensive requirements for Tents and Other Membrane
Structures. FC Section 3103.2 indicates that a permit and approval of temporary tents is required.
FC Section 3103 contains requirements for temporary tents and Section 3104 has requirements for
permanent tents. They include requirements for construction documents, access roads, location,
seating plans, means of egress, illumination, exit signs, construction, use.
Permanent tents are considered a membrane structure and are regulated by Building Code Section
3102 and other applicable sections.
Districts or other applicable schools must consult their design professional to prepare
submission drawings for approval by OFP.
The following information must be shown on the drawings: Dimensions, Minimum
separation distance to other structures, Tent sides (yes) (no), Duration of use, Type of
use/activity, Anchorage, Number of Exits, Width of each exit, Table/Chair/Contents,
layout, Fire extinguisher Location, Occupant load, Heating or Cooking equipment, Utilities,
Exit signs, NFPA 701 testing/label/certification.
If the tent is used for E-occupancy, consult with local municipalities and/or code enforcers
provide code-compliant design for mechanical heat and ventilation; lighting; emergency
lighting; power; fire alarm; plumbing; etc. as required.
Districts or other applicable schools must consult their architect and submit to OFP for
approval. The district, or other applicable school, must provide an architectural quality
floor plan, which clearly indicates existing and proposed use of space showing the
furniture layout with egress aisles. Lighting, ventilation, means of egress, and fire alarm
coverage must be indicated.
Plumbing Facilities and Fixtures
Toilet and Sink Fixtures: Districts or other applicable schools may consider reducing the
number of toilet fixtures in a building in order to facilitate frequent cleaning. However, the
minimum number of toilet fixtures that must be available for use in a building is established in
the building code.
The usual minimum requirement may be reduced by certain circumstances that may be
relevant: (1) the building’s aggregate number of toilet fixtures already exceeds the minimum
amount required by the Building Code or (2) the building occupancy is reduced using partial
remote learning or reductions.
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Reminder: frequent handwashing is a key component to avoiding the spread of COVID-19, so
sinks and soap must be available to building occupants at all times.
Plumbing Facilities and Fixtures Mandatory Requirements
The number of toilet and sink fixtures must meet the minimum standards of the New York
State Building Code. In order to ensure compliance, a design professional should be
consulted prior to any modifications to layouts or number of fixtures.
All temporary facilities must be approved through the Office of Facilities Planning.
Drinking Water Facilities: Districts or other applicable schools may wish to reduce number
of drinking fountains available, in order to facilitate frequent cleaning. However, drinking
fountains are a code required plumbing fixture. One fountain is required for each one hundred
occupants.
In the event drinking fountains need to be taken out of service, the following should be
considered to provide potable drinking water to all occupants of the building:
• Drinking fountains may be replaced with units with bottle fillers.
• Supplying students with bottled drinking water or water in disposable cups at specified
locations is an acceptable alternative source.
The district or other applicable school may provide student with personal containers to fill at
home.
Ventilation
Ventilation Mandatory Requirements
Maintain adequate, code required ventilation (natural or mechanical) as designed.
If other air cleaning equipment is proposed, submit to OFP for review and approval.
Districts and schools are encouraged to increase the fresh air ventilation rate to the extent
possible to aid in maintaining a healthy indoor air quality. We recognize there are many
different types of ventilation systems, natural or mechanical, that may be limited for
increasing ventilation outside air due to available heat or fan/relief airflow capacity. Schools
may consider installing a higher efficiency filter. A higher efficiency filter may require a larger
filter housing and will create greater resistance to airflow, and the fan and HVAC system may
require rebalancing to maintain the code required ventilation rate.
New Technology
Some school leaders may have been contacted by vendors promoting new technology that
claims to purify air. Some of these systems may be proven over time to have merit, but the use
of new technologies in school facilities must be stringently reviewed prior to the installation
and issuance of permits for those technologies. Some of them could have a negative impact on
the building occupants’ health and safety. New technologies must be proven safe by
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independent and impartial studies by a nationally recognized governing body, and the
equipment must be listed/labeled for the intended use by a Nationally Recognized Testing
Laboratory.
NYSED Procedures
Projects that are labeled as “COVID-19 Reopening” will be expedited. Leased facilities, modular
buildings, tents, additions, and alterations require an LOI and typical project submission
requirements; prescreening will be waived. Questions can be directed to the OFP.
CHILD NUTRITION
A successful nutrition program is a key component to a successful educational environment.
Children cannot focus on learning when they are hungry. School meals boost learning, and
studies show that students perform best academically when they are well nourished. School
districts around the State did an incredible job, with tremendous community support, in
ensuring that students received nutritious meals while schools were closed this past year. No
child should ever go hungry, and school reopening plans must provide for the feeding of all
students who require food assistance.
As school food service operations transition from serving meals during unanticipated school
closures and summer meals to serving school meals, School Food Authorities (SFAs) will need to
consider
national, state, and local health and safety
guidelines. It is important that SFAs engage
school food service directors in district or
system wide discussions regarding plans for
reopening schools to ensure that students
participating in all learning models have
access to healthy meals.
SFAs will need to consider the resources and
flexibilities necessary to transition food
service operations to an onsite or off-site student meal delivery system or operate both at the
same time. This includes utilizing state or nationwide waivers and updating school policies,
standard operating procedures, and trainings to ensure compliance with Child Nutrition
Program requirements.
Reopening Plan Mandatory Requirements
District/School Plan must provide all students enrolled in the SFA with access to school
meals each school day. This must include:
students in attendance at school; and students learning remotely.
District/School Plan must address all applicable health and safety guidelines.
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District/School Plan must include measures to protect students with food allergies if
providing meals in spaces outside the cafeteria.
District/School Plan must include protocols and procedures for how students will perform
hand hygiene before and after eating, how appropriate hand hygiene will be promoted,
and how sharing of food and beverages will be discouraged.
District/School Plan must include protocols and procedures that require cleaning and
disinfection prior to the next group of students arriving for meals, if served in the same
common area.
District/School Plan must ensure compliance with Child Nutrition Program requirements.
District/School Plan must include protocols that describe communication with families
through multiple means in the languages spoken by families.
Considerations for Reopening Plans
The following considerations should be taken into account when developing the reopening
plan. These best practices are intended to highlight additional actions that the SFA may take to
communicate with and ensure families understand the processes to ensure access to meals as
needed:
• Follow SFA policies to communicate about school meal service, eligibility, options, and
changes in operations;
• During the public health emergency, meal benefits have been available to many students
that may not usually have access to free meals. As school returns, it will be important to
communicate to families that all meals may not be available at no cost to all children;
• Use a variety of communication methods (e.g., website, social media, emails, robocalls,
newsletters) and ensure communications are translated into the languages spoken by
families in the district;
• Identify a specific contact person(s) to receive and respond to communications from
families. The contact’s information should be included in all written materials that are
provided to families and to school staff;
• Assess areas where additional or clearer information may be needed to enhance
communication about the program. Provide links to directly access documents and
answers to frequently asked questions. Ensure that information is presented in a user-
friendly format including language translations where appropriate;
• Develop program-specific information that details program activities that affect families
such as:
o availability of
meals
o payment methods
o use of vending
machines
o a la carte sales
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o outside food
brought into the
building, and
o restrictions on
visitors during the meal
service.
• More families may now qualify for benefits than prior to the public health emergency due
to changes in the economy. Before school starts, remind families that they can submit a
new application for free or reduced-price meals right now and at any time during the
school year;
• Provide multiple opportunities for families to complete meal benefit applications;
• Assess if new technology may be needed in order to provide online household
applications, obtain electronic signatures or transfer protected student identifying
information;
• Provide meal benefit applications with summer meals;
• Make applications available online and at the front office of each school site; and
• Provide phone and in-person support to assist families in applying.
Safety and Sanitation
• Update standard operating procedures for sanitation of school kitchens, cafeterias, food
warehouses, and central production kitchens;
• Identify any additional equipment or supplies such as thermometers, alcohol wipes or other
equipment that may be needed to keep food, students, and staff safe;
• Consider the special feeding needs of students with severe disabilities whose safety and sanitation
needs at mealtimes may differ from those of their peers;
• Install barriers at the point of sale/point of pickup (see the Facilities Guidance section);
• Have adequate supplies of face masks, soap, hand sanitizer, and tissues in food service areas (see
the Health and Safety section);
• Routinely clean and disinfect high-touch surfaces including tables, chairs, carts used in
transportation, and point-of-service touch pads;
• Use timers for cleaning reminders;
• Wear single-use gloves when handling or delivering all foods;
• Wear a disposable apron when handling or delivering foods;
• Allow only program staff, custodial staff, and approved volunteers to enter program areas.
Food Service Staff
• Evaluate staffing and make any needed adjustments;
• Ensure staff are trained on district policies and protocols on health and safety;
• Review, and retrain staff as needed on standard operating procedures for food service;
• Consider cross-training program staff to perform essential activities in the event of key absences or
emergency situations.
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Contact Vendors and Suppliers
• The unexpected closures may have impacted food supply chains or availability of certain services
and it will be important to account for any of these changes prior to the start of operations; •
Work with food service vendors to determine the safest way to handle deliveries;
• Have supplies on hand for in person and grab and go meal delivery.
USDA Waivers approved for the National School Lunch Program and School Breakfast Program,
July 1, 2020 – June 30, 2021
• Notify the NYSED Office of Child Nutrition of the SFA’s plan to use any of the following
waivers necessary for operations:
o Non-Congregate Feeding o Meal Service Time Flexibility o
Bulk meals require both non-congregate and meal service time
waivers o Parent/Guardian Meal Pick Up o Meal Pattern
Flexibility o “Offer Versus Serve” Flexibility for Senior High
Schools.
Contact your NYSED Child Nutrition Program Representative to ensure operations are within waiver
allowances.
Meal Service
• Revise district, charter, and site food safety plans to include standard operating procedures for
meal service in classroom, additional meal service procedures in the cafeteria, social distancing
and PPE during meal prep and delivery, and receiving and storage;
• Ensure meals meet meal pattern requirements;
• Production records must be completed for each meal;
• Develop meal counting procedures for meals served outside of the cafeteria. Procedures will
depend on eligibility determinations – CEP, Provision 2, or Free/Reduced/Paid status;
• Consider how to handle transactions that normally would occur in a cafeteria line – how payments
will be collected, receipts issued, and money secured;
• Documented requests for children with special dietary needs (e.g., food allergies) must be
accommodated;
• Strongly encourage the use of the online school payment system;
• Rather than payment submitted by each child in the cafeteria line, consider cash or check payment
collected and sent to the cafeteria by classroom teachers.
Meals Consumed Onsite
• Assess where meals will be served (classroom, cafeteria, other);
• Remove or suspend the use of share tables, salad bars and other self-service refrigerators and
buffets for food and condiments;
• Discourage food sharing between students;
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• Coordinate with custodians to establish sanitation procedures;
• Clean and disinfect tables, chairs and other frequently touched hard surfaces between groups of
students;
• Consider increasing access points for providing meal service;
• Provide physical distancing guides in food service areas such as:
o tape on floors o signage
o increase table spacing, remove tables, mark tables as closed, or provide a physical
barrier between tables
• Plan for one class at a time to go through the cafeteria line and return to the classroom if meals
will be eaten in the classroom;
• Use pre-portioned condiments that cashiers & servers place on each tray;
• Place meals on a counter or tray line for quick pick up;
• Consider “Grab and Go” kiosks in hallways or gymnasiums;
• Consider whether teachers can take meal orders in classrooms and send orders to the kitchen via
email, Google Docs, SharePoint, etc;
• Consider student meal pick up at building entrances or security checkpoints;
• Coordinate with school personnel in order to meet the feeding safety needs of students with
disabilities;
• When students eat in classrooms: o train teachers on food allergies, including symptoms of
allergic reactions to food
o train all non-food service staff on any meal service-related activities they will be
responsible for o obtain or develop posters or other aids to assist non-food service
staff to implement meal service.
Meals Consumed Offsite (with election of waivers)
• Assess service methods (grab and go, curb-side pick-up, delivery, etc.);
• Determine if there are students who are unable to access school meal distribution sites and
identify ways to address these gaps;
• Bulk meals packaged in boxes or containers for multiple days of meals picked up/delivered at one
time;
• In hybrid situations, where students are attending in person and remotely, create an area with
cones or signs where families can easily pull in to receive foods away from where students will be
entering;
• Place meals for curb-side pick-up on a table or place in the trunk of the vehicle.
Additional Food Service Resources
• The NYSED Child Nutrition Office website
• USDA Food and Nutrition Service
• Institute of Child Nutrition
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• New York State Department of Health Food Saftey Guidance
• CDC Guidance for Schools
TRANSPORTATION
The school bus is an extension of the classroom;
therefore, many of the recommendations that
apply to school buildings (like social distancing
and frequent cleaning) should be applied to the
school bus, as well. Pupil transportation also
presents certain unique challenges, especially
with regard to the transportation of homeless
students, students in foster care, students in
nonpublic and charter schools, and students with
disabilities. So, it is critical that schools and
school districts must be sure to include Transportation Department staff in all school re-
opening planning.
School District Policies/Practices
Reopening Mandatory Requirements
School districts and other applicable schools are expected to fulfill existing mandates
regarding
the safe and effective transportation of students who are homeless (McKinney-Vento), in
foster care, have disabilities and attend non-public schools and charter schools. Although
meeting these obligations will certainly pose challenges, these expectations continue to be
in place. Districts and other applicable schools should plan accordingly.
The School Bus
School Bus Mandatory Requirements
Assurances of the following will be required when submitting the Reopening Plan:
Students who are able will be required to wear masks and social distance on the bus;
All buses (conforming and non-conforming to Federal Motor Carrier Safety Standards,
as well as type A, C or D) which are used every day by districts and contract carriers
must be cleaned/ disinfected once a day. High contact spots must be wiped down
after the am and pm run depending upon the disinfection schedule. (For example,
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some buses might be cleaned between the am and pm runs while other buses may be
cleaned/disinfected after the pm run);
School buses shall not be equipped with hand sanitizer due to its combustible
composition and potential liability to the carrier or district. School bus drivers,
monitors and attendants must not carry personal bottles of hand sanitizer with them
on school buses;
Wheelchair school buses must configure wheelchair placement to ensure social
distancing of 6 feet.
School Bus Considerations
Districts and other applicable schools may want to consider adding the following best practices
to their reopening plan:
• School bus companies may choose to install sneeze guards by the driver’s seat and in
between each seat to protect children and increase capacity. If installed, the sneeze
guards must be made of a material approved by the Department of Transportation.
Sneeze guards will need to be disinfected every day;
• Sneeze guards may be installed on wheelchair buses between securement stations
with the approval of the Department of Transportation;
• When temperatures are above 45 degrees, school buses should transport passengers
with roof hatches or windows slightly opened to provide air flow.
School Bus Staff
School Bus Staff Mandatory Requirements
School bus drivers, monitors, attendants and mechanics shall perform a self-health
assessment for symptoms of COVID-19 before arriving to work. If personnel are
experiencing any of the symptoms of COVID-19 they should notify their employer and
seek medical attention;
School bus drivers, monitors, attendants and mechanics must wear a face covering
along with an optional face shield;
Transportation staff (drivers, monitors, attendants, mechanics and cleaners) will be
trained and provided periodic refreshers on the proper use of personal protective
equipment and the signs and symptoms of COVID-19;
Transportation departments/carriers will need to provide Personal Protective
Equipment such as masks and gloves for drivers, monitors and attendants in buses as
well as hand sanitizer for all staff in their transportation locations such as dispatch
offices, employee lunch/break rooms and/or bus garages.
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Drivers, monitors and attendants who must have direct physical contact with a child
must wear gloves.
Considerations for Reopening Plans
Districts and other applicable schools may want to consider adding the following best practices
to their reopening plan:
• The driver, monitor, and attendant may wear gloves if they choose to do so but are not
required unless they must be in physical contact with students;
• Transportation staff should be encouraged to wash their hands with soap and water
before and after am and pm runs to keep healthy and prevent the spread of respiratory
and diarrheal infections from one person to the next. Germs can spread from other
people or surfaces when you:
o touch your eyes, nose, and mouth with unwashed hands o
touch a contaminated surface or objects
o blow your nose, cough, or sneeze into hands and then touch
other people’s hands or common objects
Students on Transportation
Students on Transportation Mandatory Requirements
As was outlined in the Health and Safety section of this guidance, all parents/guardians
will be required to ensure their child/children are not experiencing any signs and
symptoms of COVID-19 and do not have a fever of 100 degrees or more prior to them
boarding their method of transportation to school;
Students must wear a mask on a school bus if they are physically able. Students who are
unable to medically tolerate a face covering, including students where such covering
would impair their physical health or mental health are not subject to the required use
of a face covering;
Students must social distance (six feet seperation) on the bus;
Students who do not have a mask can NOT be denied transportation;
Students who do not have masks must be provide one by the district;
Students with a disability which would prevent them from wearing a mask will not be
forced to do so or denied transportation.
Students on Transportation Considerations
Districts and other applicable schools may want to consider adding the following best practices
to their reopening plan:
• Siblings or children who reside in the same household should be encouraged to sit
together.
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• A student without a mask may be provided a mask by the driver/monitor/attendant.
Students who are unable to medically tolerate a face covering, including students
where such covering would impair their physical health or mental health are not
subject to the required use of a face covering. In such a situation the seating will have
to be rearranged so the student without a mask is socially distanced from other
students.
• Students who are transported in a mobility device should use seating positions that
provide the required social distancing or have NYS-approved sneeze guards installed.
• Students should be reminded of the bus rules, like, to not eat or drink on the school
bus, which would require them to remove their mask.
• When students embark and disembark the bus, they should follow social distancing
protocols.
This will increase the time required to load and unload buses at stops.
Protocols Once Students Disembark from Transportation
Districts and other applicable schools may want to consider adding the following best practices
to their reopening plan:
• When students embark and disembark the bus, they should follow social distancing
protocols. This will increase the time required to load and unload buses at schools in
the morning and afternoon.
• Schools should consider staggered arrival and departure times to ensure social
distancing.
• Schools should reconfigure the loading and unloading locations for students who are
transported by bus, car or are pedestrians.
• Since hand sanitizer is not permitted on school buses, schools should consider policy to
dispense hand sanitizer when students enter the building or classroom.
Pupil Transportation Routing
Pupil Transportation Routing Mandatory Requirements
If the school district is in session remotely or otherwise, pupil transportation must be
provided to nonpublic, parochial, private, charter schools or students whose
Individualized Education Plans have placed them out of district whose schools are
meeting in in-person sessions when/ if the district is not;
All students are entitled to transportation by the district to the extent required by law.
Transportation departments do not have the ability or the right to deny
transportation for children who are in foster care, homeless or attend private or
charter schools. Parents who may have missed the due date to request out of district
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transportation due to a reasonable excuse may file a 310 appeal with the
Commissioner of Education.
Pupil Transportation Routing Considerations
Districts and other applicable schools may want to consider adding the following best practices
to their reopening plan:
• School districts and other applicable school transportation departments that use
contract transportation should consider the use of add and delete clauses to configure
their routing needs depending upon school scheduling, staggering start times and
virtual learning days. Districts or other applicable schools should submit addendums to
the Pupil Transportation Unit when the increased routing requires an increased cost in
a pupil transportation contract.
• School districts should pursue every avenue to provide transportation for their student
populations using creative means of district routing, municipal contracts, piggybacking
contracts, parent contracts or public transportation.
• Districts or other applicable entities which consider the use of mass transit to provide
pupil transportation may want to strongly suggest that students on these vehicles wear
masks and practice social distancing. If a mass transit vehicle is used solely for pupil
transportation routes
all the applicable mandatory requirements and considerations must be applied.
SOCIAL EMOTIONAL WELL-BEING
Communities and schools are facing
unprecedented challenges as they
respond to the compounded
difficulties of a global pandemic, an
economic recession, and civic unrest in
response to structural racism. But
these challenges also offer
unprecedented opportunities to re-
envision and renew the capacity of our
schools and communities to be
welcoming, supportive, inclusive, and
equitable environments.
To meet these challenges, individuals
must start with the inner work of
healing their own hearts and minds, finding the capacity within themselves to support healing
for students, families, peers, and
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communities. While district and school personnel cannot solve every problem, collectively they
are a powerful force in improving the well-being of themselves and those around them.
As district and school personnel adapt to environments that result in substantially reduced
time spent interacting in-person, ensuring intentional and meaningful inclusion of social
emotional learning (SEL) across all aspects of operating strategies is critical to supporting the
well-being and success of students, staff, and families. Along with physical health and well-
being, schools and districts must prioritize social emotional well-being -- not at the expense of
academics, but in order to create the mental, social, and emotional space for academic learning
to occur.
It is unrealistic to expect that students will return to instruction as they left it months ago.
Students have experienced an extremely stressful, and for many, traumatic experience while
isolated from school, friends, and community.
Some students have had positive experiences during school closures, learning, growing, and
discovering new identities as activists, caregivers, and leaders in their communities. Schools
should support and nurture new skills and mindsets.
Students known to be vulnerable, as well as those not previously on district and school radars,
may return to instruction anxious, fearful, withdrawn, grieving, and/or unprepared to self-
manage new or exacerbated negative behaviors. And some students have thrived in an on-line
environment, as school anxiety has lessened. Should additional periods of remote learning be
required, students who had an adult available to assist them previously may now be home
alone as adults return to work. Older students may be tasked with the care of younger family
members. Schools and districts must be prepared to meet students where they are, regardless
of the circumstances in which they find themselves.
During the Regional Task Force Meetings, stakeholders discussed the variety of student, family,
and school personnel needs that must be addressed during transitions back to school in the
fall, whether that is in-person, remote, or a hybrid. Overall, worry was expressed that many
students, families, and staff will return with fear or anxiety, and school and district staff will
need to balance physical safety with social and emotional needs.
Stakeholders expressed concern over local capacity to address increased social and emotional
needs with existing staff, and discussed opportunities to better position existing staff to build
capacity around student and family engagement, trauma-responsive practices, social emotional
learning, restorative practices, and fostering relationships, within both in-person and virtual
environments. They further expressed concerns about screen time for students should remote
or hybrid learning be necessary, and the ability of students and families to access resources
during periods of remote learning.
Stakeholders stressed the importance of clear communication with all stakeholders including
students, families, staff, and community, and considered how community partnerships could
be leveraged to increase capacity. They recommended that social and emotional well-being be
prioritized during transitions back to school and for as long as necessary to appropriately
support student needs; physical and emotional safety is necessary for the brain and body to be
ready to learn.
Finally, stakeholders stressed the critical need to address adults’ social and emotional needs
before the return to school and on an ongoing basis. Adults must have systems of support
including meaningful peer relationships, opportunities to connect, and resources to support
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self-care. Without these supports in place, adults will not have optimal capacity to support the
needs of students and families.
The following considerations are intended to assist in creating a welcoming and caring school
community that ensures its members are met with compassion and the support they need to
achieve and thrive. Academic learning cannot be effective until the basic human needs for
physical and emotional safety are met. This is an embodied practice. Breathe, notice, feel, and
be present.
Except where otherwise noted, the considerations outlined below are relevant regardless of
whether instruction is in-person, remote, or hybrid.
Reopening Plan Mandatory Requirements
Ensure that a district-wide and building-level comprehensive developmental school
counseling program plan, developed under the direction of certified school counselor(s),
is reviewed and updated to meet current needs.
Establish an advisory council, shared decision-making, school climate team, or other
collaborative working group comprised of families, students, members of the board of
education, school building and/or district/charter leaders, community-based service
providers, teachers, certified school counselors, and other pupil personnel service
providers including school social workers and/or school psychologists to inform the
comprehensive developmental school counseling program plan.
Address how the school/district will provide resources and referrals to address mental
health, behavioral, and emotional support services and programs.
Address professional development opportunities for faculty and staff on how to talk
with and support students during and after the ongoing COVID-19 public health
emergency, as well as provide supports for developing coping and resilience skills for
students, faculty, and staff.
Considerations for Reopening Plans
• Deepen your understanding of mental health, well-being, trauma-responsive and
restorative practices, and SEL through professional learning, and work collaboratively
with staff, students, and families to strengthen partnerships and plan for
implementation.
• Communicate social emotional well-being and learning as a priority and engage
members of the school community in implementation efforts.
• Identify or build a team that will lead your implementation. Decide how students, staff,
and family will contribute.
• Determine how you will build upon existing strengths as a foundation for growth.
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• Examine opportunities to leverage community school strategies to support and sustain
the work.
• Leverage mental health and social emotional well-being strategies to support and
sustain increased educational equity.
• Leverage collaborative community partnerships to strengthen your initiatives.
• Use data to identify SEL needs and incorporate strategies to meet those needs in the
district’s or school’s comprehensive school counseling plan.
• The district's or school's counseling/guidance program should be reviewed and revised
to plan, develop, and implement a Multi-Tiered System of Supports (MTSS).
• As part of an MTSS framework, SEL, mental health, and well-being supports offered at
all levels should reflect school-wide implementation of effective, efficient, and
evidence-based practices and strategies that all students can access.
• Pupil personnel staff should develop or adopt a screening tool that, administered with
parental consent and student assent, can assist the district or school with identifying the
needs of returning students.
• Once student needs are broadly and individually identified, tier 1, 2 and 3 activities and
services can be developed or adopted to address those needs.
Mental Health and Trauma-Responsive Practices
Adverse childhood experiences (ACEs) and trauma can have a negative impact on young
people’s social emotional well-being, and consequently, their capacity to learn. Students and
adults are grappling with new and exacerbated traumas that can have far-reaching impacts on
health and educational outcomes. In addition, anxiety and depression may present or worsen
in response to these additional stressors and traumas.
Trauma-responsive practices help shift negative reactions to inappropriate student behavior to
thoughtful responses that consider the root causes of behavior and help to support individual
student needs to address those causes.
Multi-Tiered Systems of Support (MTSS)
MTSS is an evidence-based approach to comprehensive program delivery that addresses
academic and behavioral challenges including proactive activities for all students (universal
interventions), targeted activities for students identified at-risk (secondary interventions) and
intensive activities for students identified at high risk (tertiary interventions). MTSS is
grounded in the belief that all students can learn, and all school professionals must be
responsive to the academic and behavioral needs of all students. MTSS focuses on evidence-
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based practices, relies on student progress data to inform instructional decisions, and ensures
that each student, based on their unique needs, receives the level and type of support
necessary to be successful. It is an important means of addressing equity and most
importantly, ensures that all young people are provided with the support they need to thrive.
A strong set of universal interventions designed to support social emotional well-being will be
crucial to our collective success as students and adults return to instruction and the school
environment with increased needs. The supports represented in the universal tier are
foundational to secondary and tertiary supports. In general, universal interventions should be
effective for most students, but targeted and intensive supports will be needed to address
student needs that could not be met with universal interventions. A strong foundational tier
helps ensure that schools are not overidentifying students and adults for tier 2 and 3 supports,
which allows them to more strategically allocate resources for the higher tiers. An example of
aligned social emotional well-being supports in chart format is included on page 42 of Social
Emotional Learning: Essential for Learning, Essential for Life.
Pupil Personnel Services (PPS) Roles within MTSS
Pupil personnel service (PPS) staff, which include school counselors, school social workers,
school psychologists, mental health counselors and school nurses are uniquely poised to be the
primary source of expertise upon which the entire school community can draw. These
professionals have overlapping skills, such as counseling, assessment, consulting, collaboration,
parent/school liaison, professional development for faculty and staff, and crisis response. They
share in facilitating social emotional and physical well-being, strengthening family, school, and
community partnerships, increasing access to instruction and promoting a positive school
climate.
A key function of the school counselor’s
Tier 1 role is to promote a safe and
supportive learning environment for
everyone in the school community. School
counselors utilize their specialized
knowledge of curriculum and child and
adolescent development to design and
implement comprehensive programs to
help all students build fundamental
academic, career development, and social
emotional skills. School counseling
programs are most effective when there is collaboration among the school counselor, other
PPS staff, teachers, administrators, and families to promote a school climate that facilitates
student achievement, student engagement, and equitable access to educational opportunities
so that all students can reach their full potential in school and beyond.
At the secondary and tertiary levels, supports become increasingly targeted to meet students’
specific needs. At the Tier 2 level, some of these supports may be provided by school
counselors but are often referred to school social workers and school psychologists and are
targeted to students identified as vulnerable due to academic, social emotional, and mental
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health challenges. At the Tier 3 level, school social workers, school psychologists, and licensed
mental health
counselors address a smaller number of high need students who require more specialized
individual interventions and/or referral to community-based counseling and resources. It
should be noted that specific roles can become overburdened when the full complement of
PPS professionals are not available in a school. For example, if a school does not have the
services of a certified school social worker, the school counselor and psychologist must then
compensate for the missing service provider.
Social Emotional Learning (SEL) and
Transformative SEL
The Collaborative for Academic, Social,
and Emotional Learning (CASEL) defines
SEL as, “the process through which
children and adults understand and
manage emotions, set and achieve
positive goals, feel and show empathy for
others, establish and maintain positive
relationships, and make responsible
decisions.” 9 By developing core intra- and
inter-personal competencies, including self-awareness, self-management, social awareness,
relationship skills, and responsible decision-making, students and adults build
capacity to thrive by building a variety of protective factors, including increased resilience,
stronger empathy, heightened self-efficacy and agency, and more. SEL is not synonymous with
mental health, but it does provide a foundational set of competencies that serve as tools to
navigate challenges in healthy, productive ways.
SEL must be culturally and linguistically responsive and sustaining to equitably meet the needs
of our young people and adults. Transformative SEL elaborates on the core competencies from
an educational equity lens and envisions their operationalization to better prepare young
people and adults for critical, active citizenship, and considers the roles and implications of
culture, identity, agency, belonging, and engagement.10 Youth Participatory Action Research
(YPAR) and Project-Based Learning (PBL) offer opportunities for young people to shape their
own learning and can support transformative SEL.
A variety of resources for understanding SEL, including developmentally appropriate
benchmarks and a whole school implementation guide are available on NYSED’s SEL web page.
9 Collaborative for Academic, Social, and Emotional Learning. (2020) What is SEL?
10 Jagers, R., Rivas-Drake, D. & Williams, B. (2019) Transformative Social and Emotional Learning (SEL): Toward SEL in Service
of Educational Equity and Excellence, Educational Psychologist, 54:3, 162-184.
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Restorative Practices
Considering implementation of restorative practices within your school community invites an
opportunity to reflect on school culture, discipline policies, practices, and disparities, and how
policies and practices may contribute to the school to prison pipeline.
Addressing behavior that is inappropriate from a whole child perspective requires students’ and
adults’ acquisition of, and practice in using, all five SEL core competencies, and is strengthened
by an understanding of and sensitivity toward Adverse Childhood Experiences (ACEs) and
trauma-informed practices.
Restorative practices are processes and approaches designed to build community and
meaningful relationships, develop shared values, help students better understand their
behavior, how it impacts themselves and others, and ultimately to use that self- and social
awareness to repair damage caused to relationships as a result of inappropriate behavior. It
focuses on strategies and skills such as understanding and managing one’s emotions and
behavior, negotiating conflict constructively, building empathy, making constructive decisions
about personal behavior, and realistically evaluating the consequences of one’s behavior.
Replacing traditional discipline with restorative alternatives offers opportunities for youth to
learn from mistakes and may reduce disciplinary disparities and negative outcomes.
Planning and Capacity Building
Central to a school or district’s effective reopening or re-envisioning strategy is clear
prioritization of mental health, well-being, and SEL that is communicated clearly and
consistently to staff, students, family, and community. Whether the district or school has
established SEL and well-being initiatives or are just beginning to formalize strategies, you can
find areas of strength to build on.
Developing the comprehensive school counseling plan and reviewing it annually with
stakeholder input is an appropriate vehicle for districts or charter schools to coordinate their
efforts around ensuring a positive school climate and the social emotional well-being of
students returning to school in the fall. To help schools and districts achieve these important
expectations, a variety of resources are offered in this guidance, such as Guidance Programs
and Comprehensive Developmental School Counseling/Guidance Programs Commissioner’s
Regulation §100.2(j).
It is important that an annual process of gathering, reviewing, and responding to data is
established allowing for ongoing program development that is directly responsive to student
need. With students returning in the fall, no matter which method is adopted, assessing
student needs is the first objective that should be met, followed by being prepared to meet
those needs. Pupil personnel staff should be utilized to develop or adopt a screening tool
that, administered with parental consent and student assent, can assist the district or charter
school with identifying the needs of returning students. Once needs are broadly and
individually identified, tier 1, 2 and 3 activities and services can be developed or adopted to
address those needs.
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Consider the following recommendations to engage staff, students, families, and community as
you address the foundational learning that needs to happen and the work that needs to be
done.
Resources
• Social Emotional Learning: A Guide to Systemic Whole School Implementation and other Social
Emotional Learning Benchmarks, Guidance, and Resources from the New York State Education
Department
-NYSED
• Reunite, Renew, and Thrive: Social and Emotional Learning Roadmap for Reopening School -
CASEL
• Visit our companion webpage for additional social emotional well-being resources to support
this guidance.
Adult SEL & Well-Being
Adults in our school communities must take care of themselves and our peers, both for their
own well-being and so that they may be better able to help young people heal. Adults in the
school community have experienced stress, anxiety, grief, and trauma. It is important to
consider the impact this will have on their return to an in-person or virtual school environment.
Additionally, adults need access to professional learning opportunities that can better prepare
them to support their own well-being as well as the well-being of the students and families
they serve.
For students, investing in strong tier one social emotional supports for adults will reduce
reliance on more resource-intensive tier 2 and 3 supports. Before school reopens, and
throughout the school year, consider the following:
• School leadership is faced with overwhelming challenges. Consider district/school-level
supports for school leaders, especially those new to their roles, to provide mentorship.
• Build school community structures that encourage human connection, and that
acknowledge it is necessary for us to take care of our physical and emotional safety and
comfort before we can effectively teach and learn. Offer ongoing embedded
opportunities for adults to develop and strengthen their own social and emotional
competencies.
• Offer all staff opportunities to heal together, to build strong, mutually supportive
relationships, and to process their own emotions, including bus drivers, cafeteria
workers, office workers, nurses, pupil personnel services staff, and administrators.
• Offer professional learning opportunities to all staff. Address critical topics related to
personal, student, and community well-being, including trauma-responsive practices,
social emotional learning, restorative practices, mental health education, culturally and
linguistically responsive-sustaining practices, implicit bias and structural racism, and
facilitating difficult conversations about race.
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• Prior to the re-entry of students, invite the staff into the building to talk about
differences, losses, and newness of preparation for teaching and learning.
• Survey staff regularly. Ask about their needs. Do not wait for people to come to you. Be
prepared to respond with assistance or referrals.
• Support access to mental health and trauma supports for adults in the school
community.
• Leverage Transformative SEL to support the work of adult anti-racism and anti-bias
work. Nurture SEL competencies to improve cultural and linguistic responsiveness and
sustainability.
Resources
• Advancing Adult Compassion Resilience: A Toolkit for Schools - WISE Wisconsin and
Rogers InHealth
• SEL Online Learning Module: Creating a Well-Rounded Educational Experience:
American Institutes for Research
• Visit our companion webpage for additional social emotional well-being resources to
support this guidance.
Student SEL and Well-Being
Improving school climate promotes critical conditions for learning, including an engaged school
community responsive to culture, race, ethnicity, language, and socio-economic status; safe
and inclusive academic environments that recognize and value the languages and cultures of all
students; caring connections, trust, respect, and activities and curricula that engage and
challenge young people. All these conditions are improved by socially and emotionally
competent adults and young people in the school community. Schools may wish to:
• Consider a prolonged orientation or transition period to support the social and
emotional well-being and resiliency of students before beginning to phase in academic
content. Encourage connection, healing, and relationship-building.
• Use community-building circles to ensure all voices can be heard.
• Foster increased resiliency for students to help prepare them for the possibility of
additional transitions between in-person and remote learning.
• Create safe, supportive, engaging learning environments that nurture students’ social
and emotional learning.
• Consider how community school strategies might be leveraged for greater impact.
Community Schools are public schools that emphasize family and community
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engagement, collaborative leadership, expanded learning, and integrated student
supports. These areas of emphasis comprise the context for effective SEL competency
development, and stronger SEL competencies increase the effectiveness of community
school initiatives.
• Nurture adult-student relationships to ensure that every student has a trusted adult at
their school, and that the adult checks in on the student regularly, regardless of the
mode of instruction.
• Offer opportunities for movement and physical activity to the extent possible. Social
emotional and physical well-being are interconnected.
• Survey students regularly. Ask about their needs. Do not wait for them to come to you.
Be prepared to respond with assistance or referrals.
• Leverage transformative SEL to support the work of anti-racism and anti-bias.
• Support access to mental health and trauma supports for students.
• Leverage the expertise of all school community members, including pupil personnel
services staff, to support students. Gather input from staff delivering or distributing
meals. They can provide valuable insights about what they have seen and heard.
• Provide professional learning to support all staff in developing a deeper understanding
of their role in supporting student social emotional competencies and well-being.
• Scaffold SEL to best support the developmental needs of students at all grade levels,
from Pre-K through high school.
• Implement explicit SEL lessons and embed opportunities to develop and practice SEL
competencies within academic lessons.
• Embed SEL and trauma-responsive practices in restorative discipline policies.
• Consider ways to mitigate the absence of school social activities, like sports or clubs,
with socially distanced or online replacements.
• Consider teaching teams that work with the same cohort of students, with teacher
teams meeting and communicating regularly. Consider a case-management style of
checking in on students in the cohort.
• Collaborate with community partners such as afterschool program providers, tapping
into their expertise to provide additional support services, to increase the school’s
capacity to meet student needs and know students and families, including their
strengths, needs, and aspirations.
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Using Data for Continuous Improvement
Data collection for continuous improvement and reflection means data is used to
understand what is happening, to identify challenges or roadblocks, and to figure out what
is working. Districts must assess immediate needs but recognize the need to continue to
reassess regularly as circumstances are likely to change frequently in this tumultuous time.
Continuing to collect data to ensure accurate understandings of need is necessary to
continue providing the most effective and efficient response. Districts may want to:
• Consider first why they are collecting data and what they want to learn from it;
• Collect and use data to support deeper relationships and improved supports for
students, staff, and families;
• Engage stakeholders in the collection and review of data; and
• Support staff in reflecting upon data to inform continuous improvement.
A more thorough overview of issues surrounding social and emotional data collection and use is
available on pages 44-47 of Social Emotional Learning: A Guide to Systemic Whole School
Implementation.
Resources
• NYS Mental Health Education Resource & Training Center
• NYS Safe and Supportive Schools Technical Assistance Centers
• Mental Health Education Literacy in Schools: Linking to a Continuum of Well-Being
Comprehensive Guide - New York State Education Department
• Guidance Programs and Comprehensive Developmental School Counseling/Guidance
Programs Commissioner’s Regulation §100.2(j) - New York State Education Department
● Visit our companion webpage for additional social emotional well-being resources to
support this guidance.
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SCHOOL SCHEDULES
COVID-19 required schools to
make critical adjustments to
their instructional model in
March 2020 with little or no
time to plan. As schools devise
their re-opening plans for the
2020-21 school year, plans must
address resuming in-person
instruction. However,
scheduling decisions must be
informed by health and safety
standards and the most up to
date guidance from the New
York State Department of
Health.
Consideration must also be given to the needs of students, families, and staff as well as the
realities of available space and student enrollment in each unique school and
district. Schools are given the ability to restructure their programs using flexible scheduling
models— taking advantage of in-person, remote, or hybrid learning models—and to provide
synchronous and/or asynchronous instruction.
Per the New York State Department of Health guidance, plans should address a combination of
in-person instruction and remote learning to facilitate a phased-in approach or hybrid model,
which may be necessary at various times throughout the 2020-2021 school year. In cases where
in-person instruction is not feasible, phased-in and hybrid models of education will need to
consider if certain students will be prioritized for in-person instruction first or more frequently
based on educational or other needs (e.g., early grades, students with disabilities, English
language learners), and must balance this with equity, capacity, social distancing, PPE,
feasibility, and learning considerations. These priorities if applicable shall be determined at the
individual school or district level based upon the needs of student populations within such
schools or districts.
If COVID-19 cases develop, schools/districts may consider restricting access within school
facilities and across school grounds, particularly in affected areas to avoid full school closures.
In such instances, schools/districts may choose to temporarily move classes where an individual
has tested positive for COVID-19 to remote/virtual format until all contacts can be identified,
notified, tested, and cleared. To maximize in-person instruction, Schools/districts should
consider measures that can be implemented to decrease density and congregation in school
facilities and on school grounds, when possible, such as:
• finding alternative spaces in the community to allow for more in-person
instruction;
• adjusting class or work hours, where appropriate and possible;
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• limiting in-person presence to only those staff who are necessary to be at the
school during normal school hours;
• maintaining or increasing remote workforce (e.g., administrative staff) to
accommodate social distancing guidelines;
• staggering schedules and allowing more time between classes to reduce
congestion in hallways, walkways, and buildings; and/or
• shifting design of class schedules to accommodate social distancing
guidelines, including cohorts (e.g., alternative classroom schedules, full-time
in-person learning for younger students, and part-time distance learning for
older students).
Schools/districts should collaborate with stakeholders including, but not limited to, teachers,
staff members, parents, and community groups when considering alternate schedules. Plans
must include how schedules will be shared and made available to the school community.
Schools should share their scheduling plans with students, families, and staff as soon as
possible before the start of the school year and anytime a change is required in order to allow
families to plan childcare and work arrangements. If schools/districts begin to implement in-
person and hybrid learning models, they must also be prepared to shift back to fully remote
learning models should circumstances change and school buildings are required to close.
Regardless of the instructional model implemented, equity and access must be the priority for
all students including, but not limited to, students with disabilities, English language learners,
and students experiencing homelessness.
BUDGET AND FISCAL MATTERS
Economic Overview
Both the national economy and New York State’s economy have been dramatically impacted
by the COVID-19 crisis and the various mitigation efforts that have been undertaken since
March 2020. What is still unknown is the extent to which the impact will improve or worsen,
how long it will last, and which sectors of the state economy will be most severely impacted.
It is important to understand the fundamentals of education finance policy in New York State to
develop the most responsible—and flexible—budget plans for reopening schools. The
economic demographics of school districts across the state vary widely, from some of the
wealthiest districts in the country to some of the poorest. The various state aid formulas work
to complement that reality, with the wealthiest district receiving less state aid and the districts
with less local fiscal capacity receiving more.
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New York State government operations are funded through a blend of many revenue sources,
including the personal income tax, sales tax, corporate taxes, user fees, and federal grants and
entitlements. Each of these sources is impacted in different ways by the changes in economic
activity in the state due to COVID-19.
School District Fiscal Preparedness
Another major factor in the fiscal outlook for school districts is the availability of undesignated
reserve funds, which districts set aside for times of fiscal hardship. Again, the individual district
circumstance can vary widely. According to the most recent data available to the Department,
overall unexpended fund balances total 13.83 percent of all school spending outside the big
five city school districts, 11 but the level available in individual districts ranged from 0.04 percent
to 86.19 percent.
These reserves are approximately two thirds capital, retirement, and employee benefit accrued
liability reserve (EBALR) reserves. Unrestricted reserves total approximately 4.5% of total
proposed spending, again excluding the five dependent city school districts. Relaxing rules
around withdrawals from certain purpose driven reserves would provide districts additional
flexibility in budgeting for the upcoming years with a diminished prospect of increases in state
aid, but such changes would require enactment of legislation.
When districts consider how much of those reserve funds should be tapped into during any
single school year or crisis, they should remember that this situation has the potential to be
long-lasting.
2020-21 Enacted State Budget
Governor Cuomo’s Executive Budget proposal in January 2020 initially called for a statewide
increase in school aid for the 2020-21 school year of $825 million, or 3 percent. As the COVID-
19 crisis emerged prior to the enactment of the final budget, that planned increase did not
materialize, resulting in a school aid apportionment that held unrestricted funds flat for
districts and maintained reimbursements at statutory levels. A reduction in state-funded aid
was partially offset by an increase in emergency federal funds.
Pandemic Adjustment and CARES Act Funds
State Aid was reduced in the 2020-21 school year by a total of $1.13 billion through a
“Pandemic Adjustment”, which reduced school district aid allocations at their bottom line,
commensurate with the amount of federal Coronavirus Aid, Relief and Economic Security
(CARES Act) funds each district was projected to receive. Districts were then allocated an
amount of federal funding through the combination of the CARES Act Elementary and
Secondary School Emergency Relief Fund (ESSERF) and the Governors Emergency Education
Relief Fund (GEERF). As a result, school districts will experience a decrease in state aid
payments but will be eligible to apply for an amount from these federal grants. However, it
11 Source: PTRC balance divided by budgets
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should be noted that the CARES Act requires a portion of the funds to be used to provide
equitable services to non-public schools.
Potential Further Aid Reductions
The 2020-21 Enacted Budget also included provisions that will allow the Director of the Budget,
subject to amendment by the Legislature, to reduce appropriations across any and all program
areas of the state budget should actual revenues come in at levels that are below the
assumptions made in the Executive Budget. As of April 2020, this projected total shortfall was
$13.3 billion for the 2020-21 state fiscal year. The actions noted above reduced this gap by
nearly $1.2 billion.11 Combined with other budget actions, the remaining gap was projected to
be $8.2 billion. Absent additional federal support, the Division of Budget has stated that further
reductions to school aid, Medicaid, social services, and transportation might be necessary to
eliminate that projected budget gap.
180 Day Calendar and Attendance Reporting for State Aid Purposes
School districts report certain enrollment, attendance, and school calendar information
through the State Aid Management System (SAMS). While this data submission process differs
from other procedures, the underlying data provided should be consistent with all other
attendance reporting and requirements.
The minimum annual instructional hour requirement and 180 days of session requirement are
also both reported through SAMS. For both the 2019-20 and 2020-21 school years, school
districts will be required to continue the same information, based on the schedule provided
for the average student, rather than reporting for each individual student. Under regulatory
changes adopted as an emergency rule by the Board of Regents on July 13, 2020, school
districts may be eligible to apply for a waiver from the minimum instructional hour
requirement for both the 2019-20 and 2020-21 school years
11 See: https://www.budget.ny.gov/pubs/archive/fy21/enac/fy21-enacted-fp.pdf page 14
to the extent that “the district is unable to meet such requirement as a result of an Executive
Order(s) of the Governor pursuant to the State of emergency declared for the COVID-19 crisis,
or pursuant to Education Law §3604(8), as amended by Chapter 107 of the Laws of 2020, or
reopening procedures implemented as a result of the COVID-19 crisis”. Successful application
of the waiver will shield school districts from a reduction in aid for failure to meet the minimum
instructional hour requirement. However, the 180 days of session requirement is in statute,
and for the 2020-21 school year there are currently no statutory provisions that would allow a
school district to provide fewer than 180 days of instruction over the course of the full school
year.
Impact of Low Attendance on State Aid
School districts have expressed concerns about the impact that students choosing to stay home
during the pandemic will have on their state aid calculations. State Aid formulas use multiple
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attendance counts in the calculation of aid apportionments for school districts. Statewide over
70 percent, largely in Foundation Aid, is based on Average Daily Membership or district
enrollment, which is a measure of student registration in the district and does not take
attendance into account. These aid formulas should not be impacted by attendance rates.
Some formulas use Average Daily Attendance in the calculation of reimbursement rates, and
Education Law §3602(1)(d)(2) provides for the commissioner to exclude from that calculation
“days on which school attendance was adversely affected because of an epidemic...”. NYSED
plans to advance a proposed COVID-specific change to such regulations in September for
consideration by the Board of Regents.
Flexibility in Non-NYSED-Governed Activities
While budget and fiscal matters have implications in nearly all operational and instructional
program areas, the laws, regulations, and business rules are largely outside of the discretion of
the State Education Department. Below are a few areas where recommendations have been
made to NYSED staff that deserve further consideration by state policymakers:
• Reserve funds: consideration for providing temporary flexibility in the immediate use of
designated or restricted reserve funds, and requirements to repay funds over a set
period of time;
• Transportation issue: as mentioned in the Transportation section of this guidance,
providing flexibility on the adoption of contracts with providers and pursuing a
streamlined bus driver licensing process with the Department of Motor Vehicles to ease
the burden of hiring new bus drivers;
• Personal Protective Equipment (PPE) and technology purchases: provide more avenues
for shared service agreements and ease burdens on BOCES to expanding service in this
area.
Flexibility for Budgetary Transfers
It is anticipated that there may be costs in 2020-21 that districts did not budget for in necessarily
the correct account codes. In particular, the need for additional equipment has been noted
above. Flexibility for budget transfers in the 2020-21 school year only for additional equipment
needed (associated with re-opening and the maintaining of buildings primarily) would help
school districts in that position. Historically, school districts have been advised that money
cannot be transferred into an equipment account code because equipment is considered a non-
contingent expense (generally) and transfers into non-contingent line items are prohibited. This
determination appears to be based primarily on Formal Opinion of Counsel No. 213
(www.p12.nysed.gov/mgtserv/budgeting/handbook/appendixg.html).
In addition, school districts are encouraged to maximize their state-aided hardware in order to
ensure that all necessary equipment is being purchased.
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Tax Collection
School districts that rely on banks or other outside entities, such as a town, to collect school
taxes, could face an issue of capacity for in-person collection. Limited staffing or hours may
make it more difficult for taxes to be paid in the period without penalty. In addition, at least
one instance of a bank not wanting to have citizens coming in to pay taxes and bank staff having
to handle all of that paper has resulted in a district needing to have to come up with a new
process. Having to change to a collection process that is all in-district may not be feasible, either
due to costs or staffing.
Districts should be reviewing their tax collection process to try and anticipate any issues or
problems that they may face based on the ability of residents to pay taxes in person and
without penalty.
Other Considerations
All existing state aid reporting requirements and deadlines must be maintained; the content of
data submissions will largely remain consistent with past practice, except where modified by
law, regulation, or executive order.
Additional costs for PPE, transportation, food service, and other mitigation needs will likely be
necessary. Districts should not assume additional state or federal support will be available
beyond what has already been budgeted for the 2020-21 school year and should plan those
needs accordingly.
Charter Schools
District schools should continue to process charter school per pupil invoices as required by
Education Law § 2856 and Commissioner’s Regulation §119.1. Although many of the
considerations above are applicable to all schools, charter schools should consult with the
school’s authorizer regarding specific budgetary requirements.
All existing state aid reporting requirements and deadlines must be maintained; the content of
data submissions will largely remain consistent with past practice, except where modified by law,
regulation, or executive order.
Additional costs for PPE, transportation, food service, and other mitigation needs will likely be
necessary. Districts should not assume additional state or federal support will be available
beyond what has already been budgeted for the 2020-21 school year and should plan those
needs accordingly.
Resources
Flexibility in Maximizing Instructional Materials Aid, including Hardware Aid
Smart Schools Bond Act
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ATTENDANCE AND CHRONIC ABSENTEEISM
As described in the Technology and Connectivity section of this guidance, remote learning did
not work for everyone during the spring 2020 school closures. In many schools and districts,
large numbers of students did not log on or otherwise participate in online learning
opportunities. It is therefore critical for schools to use a variety of creative methods to reach
out to students and their families who did not engage in distance learning. School policies and
procedures must focus on the academic consequences of lost instructional time and address
absences before students fall behind in their learning. Initiating an educational neglect or
Person in Need of Supervision (PINS) proceeding should be a last resort; schools and districts
should work with their local departments of social services prior to bringing any legal action
against students or their families.
Attendance for Instructional Purposes
Reopening Mandatory Requirements
Schools are responsible for developing a mechanism to collect and report daily teacher/student
engagement or attendance regardless of the instructional setting.
Attendance Considerations
Certain hybrid models may not lend themselves to every content teacher connecting with every
student enrolled in their class every day. This is true especially in departmentalized settings. Schools
may wish to assign each homeroom teacher or advisory teacher as the daily point of contact for
attendance purposes;
• Flexibility should be considered when monitoring attendance in a remote model. Parent
schedules, availability of technology or other barriers may preclude students from connecting
with teachers at a certain time;
• When in the remote mode of a hybrid in-person/remote learning model, districts should to the
greatest extent possible record students’ attendance in mandated units of English as a New
Language and Bilingual Education.
Attendance for Reporting Purposes
Reopening Mandatory Requirements
Attendance of any school-age student of compulsory age, who resides in the district or
is placed by a parent/guardian in another public school district, a charter school, or is
placed by a district administrator or the CSE of the school district in educational
programs outside the district (such as, another school district, BOCES, approved private
in-State or out-of-State school, and State supported school) must be reported in SIRS.
To date, the reporting of daily attendance of Prekindergarten students is not required;
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Attendance must be reported by any reporting entity that is required to take
attendance;
Resident students of compulsory age who were not in attendance in a public school,
including charter schools, nonpublic school, or approved home schooling program in
the current school year must be reported until they exceed compulsory school age,
they no longer reside in the district, or the district has documentation that the student
has entered another educational program leading to a high school diploma;
Students who drop out while still of compulsory school age must be kept on the school
attendance register until they exceed compulsory school age or move out of the
district.
Attendance for State Aid Purposes
School districts report certain enrollment, attendance, and school calendar information
through the State Aid Management System (SAMS). While this data submission process differs
from other procedures, the underlying data provided should be consistent with all other
attendance reporting and requirements.
As discussed in the Budget and Fiscal Matters section of this guidance, the minimum annual
instructional hour requirement and 180 days of session requirement are also both reported
through SAMS. For both the 2019-20 and 2020-21 school years, school districts will be required
to continue to submit the same information through SAMS that has been required in previous
years, namely aggregate instructional days and hours, as well as daily calendars. Under
regulatory changes adopted as an emergency rule by the Board of Regents on July 13, 2020,
school districts may be eligible to apply for a waiver from the minimum instructional hour
requirement for both the 2019-20 and 2020-21 school years to the extent that “the district is
unable to meet such requirement as a result of an Executive Order(s) of the Governor pursuant
to the State of emergency declared for the COVID-19 crisis, or pursuant to Education Law
§3604(8), as amended by Chapter 107 of the Laws of 2020, or reopening procedures
implemented as a result of the COVID-19 crisis”. Successful application of the waiver will shield
school districts from a reduction in aid for failure to meet the minimum instructional hour
requirement. However, the 180 days of session requirement is in statute, and for the 2020-21
school year there are currently no statutory provisions that would allow a school district to
provide fewer than 180 days of instruction over the course of the full school year.
For charter schools, instructional time requirements are set forth in Education Law Section
2851(2)(n) and Commissioner’s Regulation Section 175.5. These requirements were effectively
waived as stated above. See the Budget and Fiscal Matters section of this guidance for additional
details.
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Chronic Absenteeism
Extensive research indicates that missing ten percent of school days tends to be the “tipping
point” when student achievement declines.12 Chronic absence, or absenteeism, is defined as
missing at least ten percent of enrolled school days, which in New York State is eighteen days
per school year, or two days per month.
• Chronic absence includes all absences from instruction, both excused and unexcused. Instead of
school policies and procedures focusing on truancy, it is essential for school attendance policies
to focus on the academic consequences of lost instructional time and for the school procedures
to address absences before students fall behind in school.
• During these challenging times, the development of positive school relationships may be a
lifeline for students disconnected from school.
• Although flexibility is recommended when monitoring attendance in a remote instructional
model, for students who have not engaged in remote learning and school staff outreach to
parents/guardians has been unsuccessful, districts and other schools should explore a variety of
methods for reaching out such as:
o phone calls to families are often the simplest solution and provide an immediate
opportunity to offer resources and assess student and family needs
o where families do not respond to phone calls, texting may offer a lower-stress
alternative and a subsequent phone call can be arranged
o seeking out adults in the school who have established a connection with the student
and/or family may yield improved results. Counselors, coaches, social workers, and
psychologists are often logical choices, in addition to teaching staff. Social media
contact or using friends to reach out can also be effective strategies.
• Assign each student an “ally” – an adult who is responsible to check in on the student every
day, whether instruction is in-person, remote, or online.
School districts and other school entities have the responsibility to provide translation for
families who speak a language other than English in the home. Once contact is made, emphasis
should be on addressing the student’s or family’s barriers to “attendance” or engagement with
instruction.
Educational Neglect
An allegation of educational neglect may be warranted when a custodial parent or guardian
fails to ensure a child’s prompt and regular attendance in school or keeps the child out of
school for impermissible reasons resulting in an adverse effect on the child’s educational
progress, or imminent danger of such an adverse effect. Educational neglect should not be
considered where the parent/guardian has kept their child home because they believe it is
unsafe for their child to attend school in person during the pandemic, and the child is
participating in remote learning opportunities.
12 Balfanz, Robert & Byrnes, Vaughan, Chronic Absenteeism: Summarizing What We Know from Nationally Available
Data, John Hopkins University Center for Social organization of Schools, May 2010.
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Schools and districts are urged to reach out to their local departments of Social Services (LDSS)
with any questions or concerns related to child welfare. The LDSS point of contact (POC) for
your area may be found through the following link: LDSS POCS. The Statewide Central Register
of Child Abuse and Neglect, the hotline to report child abuse and neglect, should be contacted
only as a last resort, after you have exhausted all other strategies to connect with students and
families.
Reporting and investigation of suspected cases of educational neglect present a range of
complex issues and challenges for local social services districts and school districts. It is in the
best interest of these agencies, school districts, and the families they serve, to collaborate in
addressing their concerns. From the process of reporting - a school responsibility - and
throughout the process of investigation, which is the purview of Child Protective Services (CPS),
there will be numerous opportunities for timely intervention and collaboration involving
students, parents, school officials, and CPS staff. This collaborative approach should lessen the
need for Family Court referral and proceedings.
Persons in Need of Supervision (PINS)
Under the Family Court Act Article 7, a PINS proceeding may, in certain circumstances, be
initiated to have a person under eighteen years of age, who does not attend school, is
incorrigible, ungovernable, habitually disobedient and beyond the lawful control of a parent,
or other person legally responsible for such child’s care, or appears to be a sexually exploited
child, adjudicated by the Family Court as a PINS.
Before taking such drastic action, outreach to the appropriate LDSS may provide the student
and family access to additional services designed to prevent a young person from being
adjudicated a PINS. Family Support Services programs have been established to provide
comprehensive services to children and families. The LDSS point of contact (POC) for your area
may be found through the following link: LDSS POCS.
Resources
Attendance Playbook: Smart Solutions for Reducing Chronic Absenteeism in the COVID Era
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TECHNOLOGY AND CONNECTIVITY
For New York State students to
lead productive and successful
lives upon graduation, they must
understand and know how to
use digital technologies.
Technology knowledge and skills
are vital for full participation in
21st Century life, work, and
citizenship. Sufficient access to
computing devices and high-
speed internet are essential for
educational equity. Even before
the COVID-19 pandemic, the
inequitable access to technology
and internet services in students’ places of residence was a priority to be addressed. The
closure of New York schools and subsequent shift to remote learning only highlighted this
urgent need. The
period of remote learning due to school closures presented significant challenges, especially
due to the digital divide, but also unprecedented opportunity for schools, students, and
families to leverage technology to support instruction, learning, communication, and
meaningful connections. The effective use of digital technology can assist educators in
differentiating and personalizing learning; provide flexibility in scheduling and pace; and
provide multiple entry points for students to engage in learning. As schools plan for reopening,
technology and connectivity must remain essential areas of focus.
Regardless of whether in-person, remote, or hybrid models are utilized, schools should seek to
provide students and teachers, for use in their places of residence, with access, to the extent
practicable, to:
• A computing device, such as a laptop, desktop, Chromebook, iPad, or full-size tablet,
for their exclusive use; and
• Consistent, reliable access to high-speed internet at a sufficient level to fully participate
in remote/online learning (e.g., a hotspot).
In alignment with the Board of Regents’ vision for teaching and learning, as articulated in the
USNY Statewide Learning Technology Plan (2010), NYSED is committed to working with schools
and partners to help ensure students have “all the time, everywhere” access to devices and
high-speed internet, both at school and at their places of residence. NYSED is aware that in
specific, limited areas of the state, high-speed internet is not yet available. Students’ places of
residence may not be connected to fiber, and/or cellular service may not be available. In these
limited cases, assisting students in obtaining access to high-speed internet may not be possible
at the school or district level at this time.
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In the limited cases where students may still lack internet access in their places of residence,
despite best efforts, districts and schools must ensure that all efforts are being made to provide
some form of internet access availability, such as by boosting WIFI signals to parking lots.
Reopening Plan Mandatory Requirements
School and District Reopening Plans must include information on how the school will:
Have knowledge of the level of access to devices and highspeed broadband all students
and teachers have in their places of residence;
To the extent practicable, address the need to provide devices and internet access to
students and teachers who currently do not have sufficient access; and
Provide multiple ways for students to participate in learning and demonstrate mastery
of Learning Standards in remote or blended models, especially if all students do not yet
have sufficient access to devices and/or high-speed internet.
While the mandatory shift to remote learning in Spring 2020 has highlighted the work that
must be done to ensure all New York State students have equitable access to technology, it also
revealed a significant capacity for innovation. Districts and schools are encouraged to reflect
on lessons learned during remote learning, and to assess the effectiveness of digital tools,
platforms, and resources utilized.
Considerations for Reopening Plans
The following recommendations should be considered as schools develop reopening plans:
• Survey parents and guardians to determine the level of access to computing devices
and highspeed internet to which students have access in their places of residence.
• Ensure surveys are crafted to gather useful data.
o An indication of “access” to a device in the home, in many circumstances, does
not ensure the student is able to access the device at the specific times and/or
for the length of time necessary to be successful in a remote or online setting.
In many families, “access” could mean multiple children sharing a single device,
sometimes with one or more adults who themselves are attempting to work
remotely.
o Similarly, craft questions about internet access to produce usable data. Merely
asking whether a not a student has “access” would not provide useful context
for informing decisions on instruction. Many students are in situations where
multiple household members are connecting to the internet through a prepaid
cell phone with a limited data plan, or the student has to drive fifteen miles to a
parking lot where WIFI is free.
• Provide professional development for leaders and educators on designing effective
remote/online learning experiences and best practices for instruction in remote/online
settings.
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• Provide instruction to students to build digital fluency.
• Adjust Information Technology (IT) Support as necessary to support teachers, students,
and families. The following innovative strategies identified by NYS educators may be
possible considerations for increasing IT support:
o Tech-Savvy Staff: Designate staff members to provide ongoing support with
technology to students, teachers and families. Consider developing a schedule
and assigning a technology point person to teachers by grade level or content
area.
o Student Technology Support: Several schools across NY have student
technology support programs. The May 2018 Edition of NYSED’s Ed Tech
Innovators Newsletter highlighted several examples.
o Video Library: Create a video library on tech tutorials for student, teacher, and
family technology use.
• Ensure student data privacy and security will be maintained and that the school and/or
district are in compliance with Federal and State laws related to student technology
use, including NY Education Law 2-d and Part 121 of the Commissioner’s Regulations.
• Consider streamlining the number of different tools that students will be expected to
utilize
after an assessment of the effectiveness of digital tools, platforms, and resources
utilized during school closures.
• Provide both support and flexibility to students when designing
remote/blended/online learning experiences.
o Work with colleagues, students, and families to identify multiple effective
structures and supports. Open deadlines, ambiguous expectations, and/or lack
of direct support from a qualified educator are difficult conditions for students
and families. Students who participated in the Regents’ Reopening Task Force
Meetings indicated that students who felt supported by their teachers and
schools were more likely to have increased levels of engagement during remote
learning.
Examples of structures and supports could include, but are not limited to,
consistent methods of communication and times that communications
are sent, predictable deadlines, and the provision of instruction in
multiple modalities (recorded video, recorded audio, written translation).
o Provide flexibility to decrease stress and increase equitable access for students
and families. Older students may be taking on responsibilities such as
caregiving or working outside of the home and may not be available during
traditional school hours. Younger students may not be supervised by a parent
or guardian during the school day, and their caregivers may not be in a position
to effectively guide remote/online instruction.
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One area requiring flexibility is printing. Many students do not have
access to a printer, especially if libraries are closed. Consider alternative
learning activities that do not require students to print.
Other examples of flexibility include, but are not limited to, weekly
instead of daily deadlines and choice boards with activities requiring
varied levels of technology access. For students with extremely limited
internet access, schools may wish to provide materials and assignments
on a flash drive or other file storage device.
Resources
• Aurora Institute (Formerly iNACOL) Continuity of Learning Resources
• CoSN Guidance and Resources
• ISTE Providing Effective and Equitable Digital Learning for all Students: Key
Considerations for Districts
• Joint Statement of Education and Civil Rights Organizations Concerning Equitable
Education During the COVID-19 Pandemic School Closures and Beyond
• NYSED: Funding Educational Technology
• SETDA E-Learning Coalition
TEACHING AND LEARNING
New York students are entitled
to a free public education, even
as we face the unprecedented
challenges presented by the
COVID-19 pandemic. All students
must have the opportunity to
feel safe, engaged, and excited
about their learning, whether in-
person, remote, or some
combination of the two. At the
heart of teaching and learning
are the relationships that
students have with their peers,
teachers, and school community
members. Students are searching for a return to their routines and a sense of normalcy, so all
efforts should acknowledge the importance of setting a positive routine and welcoming envi-
ronment that supports students during this unpredictable time. During the upcoming school
year, it is of the utmost importance that individual student needs and equity are put at the
center of all learning experiences. Flexibility is essential when planning for the fall, and schools
should be prepared to shift between in-person, remote learning, and a hybrid model in a way
that is least disruptive to students.
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All schools must provide 180 days of instruction each school year to their students.
Instructional days shall be counted for programs that are delivered in-person, remotely, or
through a hybrid model.
The following section includes information about the mandatory requirements and
recommended practices for schools as they prepare for the 2020-2021 school year, including
information about Prekindergarten, K-12 Programs, and Career and Technical Education.
Reopening Plan Mandatory Requirements 13
All schools must ensure that they have a continuity of learning plan for the 2020-2021
school year. Such plan must prepare for in-person, remote, and hybrid models of
instruction.
Instruction must be aligned with the outcomes in the New York State Learning
Standards.
Equity must be at the heart of all school instructional decisions. All instruction should
be developed so that whether delivered in-person, remotely, or through a hybrid
model due to a local or state school closure, there are clear opportunities for
instruction that are accessible to all students. Such opportunities must be aligned with
State standards and include routine scheduled times for students to interact and seek
feedback and support from their teachers.
Instruction aligned to the academic program must include regular and substantive
interaction with an appropriately certified teacher regardless of the delivery method
(e.g., in person, remote or hybrid).
Schools must create a clear communication plan for how students and their
families/caregivers can contact the school and teachers with questions about their
instruction and/or technology. This information needs to be accessible to all, available
in multiple languages based on district or charter school need, widely disseminated,
and include clear and multiple ways for students and families to contact schools and
teachers (e.g., email, online platform, and/or by phone).
Considerations for Reopening plans
• Develop instructional experiences that are inclusive, culturally responsive, consider
the needs of all students, and adhere to all established state regulations and
guidelines
(please see the Special Education and English Language Learner sections for more
specific guidance).
13 Charter schools are required to develop re-opening plans that adhere to the principles set forth in the school’s
charter. The charter school will be required to comply with authorizer specific requirements including, but not limited
to, authorizer approval or review of the school’s re-opening plan. Pursuant to Article 56 of the Education Law not all
Commissioner’s Regulations set forth in this guidance are applicable to charter schools and schools should confer
with their authorizer.
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• Develop a plan for how to support students who, due to the 2019-2020 school
closure, need additional social, emotional, or academic support to ensure success in
the 2020-2021 school year. Students and their families should be involved in the
planning for any remediation or support whenever practicable.
• Maintain a positive mindset about student learning loss during the 2020 school
closure. Allow ample time for students to re-adjust to the school setting. Before
students are assessed, spend time on socialization and creating a climate of safety,
comfort, and routine.
• Use a locally determined formative or diagnostic assessment to determine individual
student needs and target extra help to ensure both academic and social-emotional
needs are addressed.
• Provide opportunities for staff to meet prior to the start of school to discuss
individual student needs and share best practices with in-person, remote, or hybrid
models of learning.
• Identify any additional professional development needs for administrators, teachers,
and teaching assistants for the upcoming school year, particularly those needs related
to teaching remotely and the use of technology.
• Offer training and support for students and families/caregivers to ensure comfort and
ease with instructional programs and any technological platforms and devices used to
deliver instruction.
Early Learning
Prekindergarten
All children are capable of
learning, achieving, and making
developmental progress through
access to a high-quality
Prekindergarten program.
When planning for the
reopening of Prekindergarten
programs, care must be taken to
ensure that the needs of our
youngest learners are
addressed, whether instruction
is provided in- person, remotely,
or through a hybrid model. It is
essential that districts, schools,
and eligible agencies, including Community Based Organizations (CBOs), operating
Prekindergarten programs create a plan for providing continuity of instruction for in-person,
remote, and hybrid learning models.
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Reopening Plan Mandatory Requirements
Districts and schools operating Prekindergarten programs must include
Prekindergarten in the mandatory requirements outlined under Teaching and Learning
above.
All Prekindergarten programs that have a direct contract or a Memorandum of
Understanding (MoU) with NYSED must submit a Reopening Plan to the Office of Early
Learning. Additional information on the format and submission requirements will be
forthcoming.
Districts that contract with eligible agencies, including CBOs, to provide
Prekindergarten programs must attest that they have measures in place to ensure
eligible agencies with whom they contract will follow health and safety guidelines
outlined in this guidance and required by the New York State Department of Health.
The district must also ensure their eligible agencies have a Continuity of Learning plan
that addresses in-person, remote, and hybrid models of instruction.
Health and Safety Considerations
State-administered Prekindergarten Programs should follow all guidelines set forth by the New
York
State Department of Health when planning for 2020-21 Prekindergarten programming. The
following health and safety guidance should also be considered:
• Family style eating should not be practiced due to social distancing requirements and
for health and safety requirements.
• For classrooms without an interior bathroom, an adult should accompany each child to
and from the bathroom outside the classroom and ensure that proper handwashing
protocols are followed.
• Napping materials should be sanitized daily and, to the extent practicable, assigned to
individual students for the school year.
• Center-based and small group learning is a critical component of a Prekindergarten
instructional program. Districts, schools, and eligible agencies (including CBOs) should:
o avoid centers that include multiple students using it at one time, such as
water/sand tables, sensory tables, etc.; o provide students with individual sets
of materials to avoid sharing of common items; and
o follow proper sanitation guidelines from the Department of Health after
children have been at a learning center or in small groups.
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Instructional Practices and Programming Considerations
• While the Department recognizes the importance of teacher and student interaction
and peer interaction as part of the best practices of Early Learning, districts, schools and
eligible agencies (including CBOs) should refrain from strategies and practices that
encourage physical contact, such as hand-holding buddy systems.
• When developing remote learning plans, districts, schools and eligible agencies,
(including CBOs), should be cognizant of the amount of time young learners are
spending directly viewing screens. Time spent learning remotely can be devoted to
authentic learning activities at home. For suggestions on websites and activities, please
visit NYSED’s Continuity of Learning webpage.
Budget and Fiscal Considerations
• For Universal Prekindergarten (UPK) and Statewide Universal Full-Day Prekindergarten
(SUFDPK) programs that intend to operate in person, the maximum grant payable will
continue to be based on a system of 1.0 Full Time Equivalency (FTE) calculated by
combining the number of prekindergarten students in full-day and half-day
programming.
o If a program decides to convert Prekindergarten seats from full-day to half-day,
the
maximum grant payable would be proportionately reduced based on the
decreased FTE. o The FTE calculation and maximum grant payable will be
determined by the number of fullday and half-day students enrolled as of December
1, 2020, not on Basic Education Data System (BEDS) day only for the 2020-2021
school year.
• As set forth in Education Law 3602-e, districts receiving UPK funding will continue to be
required to set aside at least 10% of their allocation to collaborate with eligible
agencies, including CBOs, to deliver prekindergarten instruction. To make available as
many Prekindergarten seats as possible, while keeping social distancing factors in place
for in-person learning, districts should consider partnering with eligible agencies, as
defined in Education Law 3602-e, beyond the 10% minimum collaboration requirement.
• If a district or program decides that it is not feasible to operate a UPK or SUFDPK
program in the 2020-2021 school year, the UPK allocation/SUFDPK grant award will
remain available for the 2021-2022 school year unless action is taken by the legislature.
• Districts and schools that operate a full-day Prekindergarten must describe in their
reopening plan how they will provide Continuity of Learning in an in-person, hybrid, or
remote model that is aligned to the Prekindergarten standards. Regardless of the
instructional model chosen, districts can count such participating students as 1.0 FTE.
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o Eligible agencies, (including CBOs), that are running an in-person, full-day
program must submit to the district they contract with a Continuity of Learning
plan should they have to move to a hybrid or remote model in order to continue
to be paid for their services.
Staffing Regulatory Flexibilities
To provide flexibility for in-person Prekindergarten programs in the 2020-2021 school year, the
following will be allowable:
• Primary Instruction
o Primary instruction should be delivered by a certified
teacher as outlined in Education Law sections 3602-e and
3602-ee.
o For flexibility and to comply with social distancing
requirements for the 2020-21 school year, another staff
member can oversee students during learning centers in
an alternate learning space so the lead teacher can
provide primary instruction to students.
• Staffing Ratios o 8 NYCRR 151-1.3 requires that for classes with
18 or fewer students, 1 teacher and
1 paraprofessional are required to be in the classroom. For classes with
more than 18 students, but not exceeding 20 students, 1 teacher and 2
paraprofessionals are required to be in the classroom. To provide flexibility
and to maintain social distancing requirements, in the 2020-21 school year,
districts may choose to offer smaller Prekindergarten class sizes with only 1
certified teacher in the room.
For districts and programs outside of New York City:
• For 3-year-olds: 1 teacher in a classroom with up to 7 students
including, but not limited to, preschoolers with disabilities and
English Language learners.
• For 4-year-olds: 1 teacher in a classroom with up to 8 students
including, but not limited to, preschoolers with disabilities and
English Language learners.
• For districts and programs receiving UPK/SUFDPK funding, any
class size above 7 students for 3-year-olds or 8 students for 4-
year-olds must adhere to the staffing ratios required by 8 NYCRR
151-1.3 (as described above).
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For New York City:
• For 3-year-olds: 1 teacher in the classroom with up to 10 students
including, but not limited to, preschoolers with disabilities and
English Language learners to comply with New York City Health
Code 47.23.
• For 4-year-olds: 1 teacher in the classroom with up to 12 students
including, but not limited to, preschoolers with disabilities and
English Language learners, to comply with New York City Health
Code 47.23.
• For districts and programs receiving UPK/SUFDPK funding, any
class size above 10 students for 3-year-olds and 12 students for 4-
year-olds must adhere to the staffing ratios required by 8 NYCRR
151-1.3.
Cohorts Consideration
o To the extent practicable, districts, schools, and eligible agencies (including
CBOs), should “cohort” students to limit the potential exposure to the COVID-19
virus. For the younger students, this means that they are self-contained,
preassigned groups of students with reasonable group size limits.
Responsible parties should enact measures to prevent intermingling
between cohorts, to the extent possible and make reasonable efforts to
ensure that the cohorts are fixed – meaning containing the same
students – for the duration of the COVID-19 public health crisis.
Faculty may instruct more than one cohort so long as appropriate social
distancing is maintained.
Flexibility in Duration of Half-Day and Full Day Programs
• While many half-day programs operate two sessions for 3 hours a day, school districts
may consider operating their half-day Prekindergarten and Kindergarten classes for 2.5
hours of instructional time per day to allow for proper sanitization of the classroom
between sessions.
• While many full-day programs operate for 6 hours a day, these programs may operate
at a minimum of 5 hours of instructional time per day under existing regulations. For
information regarding the 180-day requirement please refer to [page #]
Prekindergarten/Kindergarten Screening Considerations and Flexibility
• Prekindergarten and Kindergarten screening should be done as soon as possible,
following guidance from the New York State Department of Health.
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• Under NYCRR 117.3(b), districts have until December 1, 2020 to complete screening of
new students. Students who were screened by the district as a Prekindergarten student,
under regulations, do not have to be screened in Kindergarten.
• To allow for flexibility, in the event schools are closed due to COVID-19, any student
entering New York State public schools for the first time or who are re-entering a New
York State public school with no prior screening record after December 1, 2020, should
be screened as soon as practicable.
• To the greatest extent possible, the Emergent Multilingual Learner language profile to
assess home language exposure should be administered to newly enrolled
Prekindergarten students as soon as practical.
Considerations for Volunteers, Visitors, and Service Providers
• Districts, schools, and eligible agencies (including CBOs) should limit the number of
volunteers and unnecessary visitors to Prekindergarten classrooms.
• Districts, schools, and eligible agencies (including CBOs) should communicate clearly to
volunteers and visitors any protocols that must be followed prior to entering
prekindergarten classrooms.
• While in prekindergarten classrooms, volunteers and visitors should follow all the health
guidance and protocols set forth by the Department of Health, districts, and eligible
agencies (including CBOs).
• Disability service providers for preschoolers should follow all health and safety protocols
set forth by the Department of Health, districts, and eligible agencies (including CBOs)
prior to entering the classroom.
Nursery Schools
Voluntary Registered Nursery Schools
and Kindergartens (VRNS/Ks)
• The maximum class size should
be no more than the number
determined by the New York State
Department of Health.
• Parent Cooperatives that are
VRNS/Ks should follow the New York
State Department of Health
guidelines for health and safety to
allow parents to continue to fulfill their commitment to the VRNS/Ks throughout
the school year.
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• For further guidance on volunteers and visitors in VRNS/Ks, please see the above
section.
Grades K-6
Per Commissioner’s regulations, all students shall receive instruction that is designed to
facilitate their attainment of the State learning standards. Schools must insure that students
receive high quality rigorous, standards based instruction that will meet their acadmicacademic
needs and allow them to attain the learning standards in all curricular areas.
There are no subject specific time requirements in grades K-6 for any subject with the
exception of physical education (PE) (see separate section on PE). Educational programs
delivered in these grades should employ the best available instructional practices and
resources and be mindful of maximizing instructional time and supports with these young
learners.
Schools must plan for the possible contingency of fully remote learning. Remaining connected
with a methodology in place to support student learning while at home must be considered in
a school’s reopening plan. All students should have access to and interaction with an
appropriately certified teacher on a regular basis. Understanding that there are challenges
with remote instruction that are particular to certain school communities as well as individual
students, schools should strive to ensure teachers have daily contact with students in some
format in order to support both their academic needs and social emotional wellbeing. Schools
are responsible for developing a reporting mechanism to track teacher/student contact
regardless of the instructional setting. (See Attendance section of this guide)
Grades 7–12 – Units of Study
Per Commissioner’s regulations
Part 100.4 and 100.5, all
students shall be provided
instruction designed to enable
them to achieve the State’s
learning standards. These
regulations outline specific time
(unit of study) requirements for
various subject areas. The unit of
study definition (180 minutes per
week or the equivalent) provides
a framework for the instructional
entitlement for our students in
these grades. The intention is to
provide a ma ndated minimum amount of instruction (contact hours) a school must provide in
order to give students the opportunity to master a body of content in a certain subject.
Under normal
circumstances, in a face-to-face, in-person teaching environment, the State requires that
school schedules for students be built in adherence to this time requirement.
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As a result of the COVID-19 pandemic, schools must plan for various contingencies that may
make it impossible for a specified amount of face-to-face contact between teachers and
students. In order for schools to plan for various types of instructional models, including
remote and hybrid models, schools should consider the time requirement of 180 minutes of
instruction/week as a benchmark for comparison when designing and delivering instruction
aligned to the intermediate and commencement level standards. It is important to ensure that
all students have equitable access to high quality rigorous instructional opportunities, and
experiences, provided by highly qualified, certified teaching professionals, competent in the
content or discipline of the course. The key question that districts should consider when
developing or adopting new modalities of instruction is the following:
Are the instructional experiences, when considered as a whole, comparable in rigor,
scope and magnitude to a traditionally delivered (180 minutes/week) unit of study?
Instructional experiences are not defined solely as a student’s time spent in front of a teacher
or in front of a screen, but time engaged in standards-based learning under the guidance and
direction of a teacher. These experiences might include, but are not limited to: completing
online modules or tasks; viewing instructional videos; responding to posts or instructor
questions; engaging with other class participants in an online or phone discussion; conducting
research; doing projects; or meeting with an instructor face to face, via an online platform or by
phone. Schools must ensure that the learning is supported, and students have access to
assistance from a qualified teacher when they need it.
The definition of a “unit of study” has been revised in Commissioner’s Rregulations to further
clarify what may be considered in the design of such units of study.
Unit of study means at least 180 minutes of instruction per week throughout the
school year, or the equivalent. Equivalent shall mean at least 180 minutes of
instructional time for instruction delivered in a traditional face to face model or
through alternative instructional experiences, including but not limited to through
digital technology or blended learning, that represents standards-based learning under
the guidance and direction of an appropriately certified teacher. Instructional
experiences shall include, but not be limited to: meaningful and frequent interaction
with an appropriately certified teacher; academic and other supports designed to meet
the needs of the individual student and instructional content that reflects consistent
academic expectations as in-person instruction. Any alternative instructional
experience must include meaningful feedback on student assignments and methods of
tracking student engagement.
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Units of Credit
The priority for the instruction should be that which best prepares students to meet the
learning outcomes for the course. The design of the course, the selection of the curriculum,
and the student expectations are set locally by the school or district. Any student who
achieves the learning outcomes for the course must be granted the unit of credit for such
course if applicable.
Science Laboratory Requirements
Per Commissioner’s Regulations, courses that
culminate in a Regents examination in science
must include 1200 minutes of laboratory
experiences. Due to the possibility of a hybrid
or fully remote model of instruction as a result
of COVID-19, the 1200-minute lab requirement
can be met through hands-on laboratory
experiences, virtual laboratory experiences, or
a combination of virtual and hands-on
laboratory experiences coupled with satisfactory lab reports for the 2020-21 school year.
This laboratory requirement
is in addition to the course requirement and entitles a student to admission to a culminating
Regents Exam. The school district is responsible for aligning laboratory experiences specific to
each science course; determining the mode or modes of instruction; and identifying a viable
vetted list of acceptable virtual labs or a combination of virtual and hands-on labs that a
student would need to complete for each science course that culminates in a Regents
examination. Schools must determine a method for students to record laboratory experiences
and satisfactory lab reports. In a virtual environment, emphasis should be placed on the
quality of the experience and the satisfactory completion of each laboratory experience rather
than the time spent in completing such laboratory experience. Any student who has
completed all laboratory experiences in accordance with teacher expectations shall be
deemed to have met the 1200-minute requirement.
Arts
Due to the hands-on nature of Arts instruction, additional considerations should be given to
both the managing of Arts instructional spaces, as well as the development of instructional
methods to teach the Arts via remote or hybrid models.
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In-person Instructional Model
• Consider what students have already
learned when designing curricula for next year.
What artistic processes have students focused on
during previous remote learning? What might need
to be emphasized in the 2020-2021 school year?
• Prepare possible remote lessons in advance
that enhance and align to classroom instruction to
prepare for possible future school closures.
• Arts classrooms, sinks, costumes, instruments, mirrors, props, and other shared
materials and surfaces should be cleaned following appropriate CDC State and local
guidelines. This includes drying racks, changing rooms, easels, stage/dance studio
floors, and music stands.
• As with speaking loudly, singing can transmit the virus. Consider taking extra
precautions such as having chorus outside and increasing the distance between
students.
• Consider asking students to maintain individual kits of “high touch” supplies such as
scissors, markers, pencils, erasers, etc. to limit sharing of supplies between students.
These supplies could also be taken home and used should schools or students return to
remote learning.
• Do not share instruments among students or staff.
• Responsible Parties should ensure that a distance of twelve feet in all directions is
maintained between individuals while participating in activities requires projecting the
voice (e.g., singing), playing a wind instrument.
• Consider limiting use of or alternatives for hard-to-clean supplies that are usually
recycled such as clay.
• Create visuals and markings on the floor to reinforce social distancing and manage the
flow of students in the classroom.
• Have hand hygiene supplies close to shared materials and surfaces.
• Increase transition time to account for time needed for cleaning.
Remote Instructional Model
• Prepare for remote learning by planning individualized projects that can connect and
reinforce in-person classroom learning.
• Consider in advance what materials might be suggested for students to have on hand at
home or create assignment that can be completed with items easily found at home.
• Create a plan for how to give students assignments, feedback, and track their progress.
• Consider combining synchronous and asynchronous learning opportunities to maintain
community and teacher access.
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• Develop digital and non-digital options for sharing student’s creative works within the
classroom community and with the broader school community.
Hybrid Instructional Model
• Organize curricular lessons according to which must be done in person and which might
be completed remotely to support in-person instruction.
• Anchor standards, Creating and Presenting lend themselves more so to in-person
instruction, while Responding and Connecting are standards that may be able to be
addressed in a remote instructional model.
• Determine methodologies to connect with students and support learning while students
are at home.
• During in-person instruction, prepare students with the skills and knowledge they will
need when working remotely (e.g., online platforms, tools, available resources, etc.).
• Use digital platforms and other methodologies that will enable students to collaborate
on group projects even if at home.
• Focus on personalized learning.
• Utilize resources such as digital field trips and online arts collections. Resources such as
these can be found on the Continuity of Learning Website.
Arts Resources
• COVID-19 instrument Cleaning Guidelines by National Federation of State High School
Associations, National Associations for Music Education, and the NAMM foundation.
• Guidance for Return to High School Marching Band from the National Federation of
State High School Associations Music Committee and Sports Medicine Advisory Council.
• School Bands Committee of the American Bandmasters Association has released
Considerations and Program Ideas for Band Teachers.
• National Art Education Association’s Preparing for the 2020-2021 School Year published
by the National Art Education Association
• Educational Theatre Associations Recommendations for Reopening School Theatre
Programs
• Dance USA Return to Dancing and Training Considerations due to Covid-19
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Physical Education
Participating in Physical Education (PE) is
important for our students’ health and
wellbeing. Not only do PE activities benefit
students’ physical health, but research
indicates regular physical activity improves
students’ mental health as well as contributes
to academic success. School re-opening plans
should ensure that whether in-person,
remote, or hybrid models are utilized,
students should be participating in physical
activity under the direction and supervision of a certified physical education teacher to the
extent prac-
ticable. Understanding that hybrid schedules may lim-it face-to-face class time with a certified
PE instructor, such
instructors should plan, to the best of their ability, a menu of learning activities for students to
engage in under the direction of their classroom teachers, other staff, or independently.
The Society of Health and Physical Educators (SHAPE) has released a website outlining school
reentry considerations for returning to school in the 2020-2021 school year. The website
provides a number of excellent resources including, but not limited to: equipment and safety;
personal hygiene; recess; classroom-based activity; social emotional learning; trauma-sensitive
learning environments; and student assessments. They also give suggestions for instructional
strategies for in-person, remote and hybrid models. Several considerations are listed below,
however, all resources can be found at the link above.
In-Person Learning
● Per New York State Health Department Guidelines districts and schools should ensure that
a dis tance of twelve feet in all directions is maintained between individuals while
participating in activi ties that require aerobic activity and result in heavy breathing
(e.g., participating in gym classes).
• Consider using a microphone and speaker when delivering instruction to students. The
use of face coverings and the need for students to spread out to accommodate physical
distancing may make it more difficult for teacher instructions to be heard.
• Focus more on individual pursuits or skills rather than traditional team sports or
activities (e.g., dance and rhythms, exercises without equipment, fitness, mindfulness,
outdoor pursuits, track and field, throwing underhand, kicking, and target games).
• Use games and activities that require no physical contact and do not require students to
be in close physical proximity to each other.
• Include opportunities for student choice and incorporate student-suggested activities
when appropriate.
• Ensure lessons are planned around the available space for instruction.
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Remote Learning
• Create opportunities for students to share and connect with one another.
• Review current curriculum and determine which lessons or activities can be repurposed
as at home work or completed online (depending on students’ access to technology).
• Consider if students can participate safely in the selected activities. (Will students have
enough space? Will an adult need to help or supervise the activity?)
• Consider if regular daily classroom routines and procedures can be translated into a
remote activities. This will help students feel a sense of familiarity while reinforcing the
sense of community for the class.
• Consider special events or activities that can be done remotely (e.g., At-Home Family
Field Day).
• Consider using videos or images demonstrating activities or skills.
Hybrid Model
• Consider assigning tasks for at-home completion and then have students apply the
knowledge gained in the school setting (i.e., have students practice a skill at home and
then apply it during a class activity).
• In school, have students participate in individual physical activities (e.g., dance, yoga,
track and field, fitness stations) that comply with physical distancing guidelines and
require little or no equipment. When students are at home, have them focus on
activities for motor skill development (e.g., underhand throwing, self-toss and catch,
catching with a parent or sibling).
• Consider a flipped classroom approach where students first learn about a topic at home
and then come prepared to learn more about it in class (e.g., students watch a video
about The Haka at home, then in school the teacher answers questions and teaches in
more depth).
• Consider switching from providing direct instruction to more of a student-directed
instruction approach (e.g., project-based learning or flipped classroom).
• Provide synchronous learning opportunities (distance learning that happens in real
time) with opportunities for asynchronous learning as much as possible; record lessons
to provide to students who may not have access in real time.
• Allow for optimal student choice and provide opportunities for students to engage with
teachers directly and often. This will be crucial to keep students motivated. Additionally,
students are more interested in seeing videos created by their own teachers than
shared videos created by other teachers.
Physical Education Resources
CDC Consideration for Youth Sports, Guidance as of June 12, 2020 from the CDC COVID-19
Youth Sports Web Page.
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CDC Cleaning and Disinfection Community Facilities, Guidance as of June 12, 2020 from the
CDC Covid-19 Cleaning and Disinfection Web Page.
SHAPE- K-12 Physical Education Health Education and Physical Activity Re-entry:
https://www.shapeamerica.org/advocacy/K-12_School_Re-entry_Considerations.aspx
CDC- Guidance as of 5/19/20: https://www.cdc.gov/coronavirus/2019-
ncov/community/schools-childcare/schools.html
CAREER AND TECHNICAL EDUCATION (CTE)
CTE Content and Delivery
While planning for CTE instruction, whether
through in-person, remote, or hybrid models,
school districts and BOCES must ensure that all
applicable NYS Learning Standards are met and
content that is critical for meeting these
standards as well as requirements for
applicable industry certifications or other
postsecondary credentialing is identified.
Additionally, for those programs in fields such
as health sciences, barbering, and appearance enhancement where specific curricula and/or
clinical hours are mandated by other state
agencies (Department of Health and Department of State respectively), consideration must be
given to ensuring requirements of the programs are met. All planning should be done within
the context of meeting NYS Department of Health guidelines for health and safety and social
distancing policies. CTE laboratory spaces should be set up to accommodate all such policies.
CTE coursework must continue to be taught by appropriately certified CTE teachers. Instructors
who are required to hold a NYS professional license for a particular content area (i.e., health
sciences, barbering, appearance enhancement) must maintain such license without lapse. All
CTE laboratory/clinical instruction and supervision must be delivered by the appropriately
certified CTE teacher. Flexibility is allowed for other staff (under the guidance of the CTE
teacher) to supervise student groups in a non-laboratory/clinical setting to better adhere to
social distancing guidelines. Considerations for CTE content and delivery include:
Modifying learning for social distancing and/or remote learning
• Identify content that takes precedence in the event instructional capabilities are
modified and/or changed throughout the year.
• Identify those activities that must take place in a classroom and those that can be
completed independently.
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• Determine what students need to complete all learning activities and how to provide
access to necessary materials.
• Consider providing individualized student “to go” kits to enable students to pivot to
remote learning if necessary. These kits could be assembled by learning module and
exchanged out as students complete each module.
• Utilize online platforms when teaching in person to build practice among students in
the event that districts may need to switch to remote learning.
• Create instructor videos demonstrating skills or teaching content for use both in and
outside of the classroom.
• Consider livestreaming video of what is taking place inside the classroom in the event
some students are home, and some are present.
• Consider opportunities for instructors to operate portable video cameras during
lessons. For example, when an instructor is providing a laboratory demonstration, he
or she can display to students in their seats instead of them standing closely watching
the demonstration.
• Consider modifications to laboratory skills or clinical days to reduce risk of transmission
(i.e., designated lab/clinical days)
• Determine procedures for sharing, disinfection, and decontaminating materials and
equipment
Keeping students engaged remotely
• Create a set schedule for class meeting times. Class meeting times should be used to
address large group instruction and/or issues impacting the whole class.
• Schedule small group and/or individual check-ins around full class meeting times.
• Consider incorporating current topics into the field of study to aid in interest and
engagement along with incorporating current industry safety and infection control
practices within curricula.
• Ensure a positive and respectful classroom culture exists to support students’ social-
emotional needs. (link to the SEL section)
Work-based Learning
School districts and BOCES will need to collaborate with all business and industry partners to
identify and ensure safe and healthy work-based learning opportunities. Students should be
provided opportunities to participate in work-based learning, either in-person or remotely to
the extent possible. In implementing work-based learning for the 2020-2021 school year,
consider the following:
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Supervision
• All registered work-based learning programs must be supervised by an
appropriately certified work-based learning coordinator.
• Refer to the work-based learning manual for guidelines on certification and how
frequently students should be supervised.
Work-Site Placements
• Depending on the region or industry, business and industry partners may have a
reduced ability to sponsor students for work-based learning experiences.
Priority for experiences should be given to those students who need work-based
learning hours to meet graduation or CDOS exit credential requirements. The
work-based learning coordinator should remain actively engaged with the needs
of business and industry as they may change rapidly.
Flexibility in Program Requirements
• Registered Internship Programs (CEIP, Co-op, GEWEP, and WECEP): Internship
hours for registered programs may be completed in a fully remote format where
practical. The work-based learning coordinator and other interested school
staff should determine, in collaboration with business and industry partners,
where remote and/or hybrid (some onsite, some remote) experiences are
practical given a student’s training plan.
• Non-Registered Work-Based Learning Experiences: Where practical, and when
supervised by school staff, non-registered work-based learning experiences may
be conducted in a remote or hybrid format.
• For those programs which require a minimum number of work-based learning
hours, schools should strive to provide comprehensive and thorough work-
based learning experiences that meet the needs of the students (may be
through remote or hybrid means, if practical). However, schools may exercise
discretion if a student is not able to meet the minimum hours requirement set
for the program and/or credential being sought.
• Health Sciences students are required to complete supervised clinical hours
under regulations set forth by the Department of Health. All regulations from
the Department of Health must be followed when planning and supervising
clinical experiences.
• Supervised clinical experiences for students in appearance enhancement
programs must meet all guidelines set forth by the Department of State.
• School-based enterprises must follow all NYS Department of Health guidelines
for cleaning and social distancing. Consider alternative methods of transactions
(e.g., direct deliveries, e-commerce, etc.).
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Considerations for Students with Disabilities
• The work-based learning coordinator, transition coordinator, and all other
service providers must work collaboratively to design work-based learning
experiences that are in line with students’ individualized education program
(IEP) goals.
• Where practical, remote or hybrid experiences may be used towards work-
based learning hours.
• Consider placements in the school building if participating outside businesses
are not able to meet students’ IEP requirements (job coaching, PPE, etc.).
• Additional guidance and best practices are available from the National
Technical Assistance Center on Transition
Business and Community Partnerships
A high quality CTE program is planned with input from business and community partners.
Consider the following for the 2020-2021 school year to continue business and community
partner engagement:
• Continue to have business and community participation in advisory council meetings.
Utilize videoconferencing if necessary.
• Establish and communicate clear safety protocols that will be expected prior to student
and instructor participation at internship or clinical sites. Determine who will provide
appropriate PPE for students and instructors.
• Incorporate industry partners into virtual student interactions, student career
development, and instruction to the extent possible.
• Seek legal counsel regarding potential changes and the implementation of those
changes into existing agreements and waivers, especially in light of COVID-19.
• Re-evaluate labor market needs with business and industry partners and adapt
curriculum and program offerings as appropriate.
Student Career Development
CTE programs of study should continue to provide high quality career advisement and
exploration opportunities to students through either an in-person, remote, or blended
instruction environment. Consider the following when planning student career development
experiences in the 2020-2021 school year:
• Using the CTE Career and Financial Management framework to enrich career
development if hands-on learning and skill practice may not be feasible in person.
• Using virtual options to facilitate career exploration including, but not limited to, job
shadowing; guest speakers; career fairs; interview skills; job training; professionalism
and proper use of virtual platforms; and other activities that allow safety guidelines to
be followed by all involved.
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• Utilizing school counselors and other school staff to facilitate and support career
development and advisement within the district or BOCES.
Career and Technical Student Organizations (CTSOs)
• Consult with the respective state and national organizations for each CTSO to determine
what their policies and procedures are for a COVID-19 impacted school year.
• Consider if conferences, meetings, service projects, programs of work, and events can
be conducted remotely if face to face meetings cannot take place. NYS Department of
Health guidelines regarding social distancing, equipment, and events must be followed
when planning CTSO events.
• Consult with local legal counsel regarding any concerns regarding EdLaw 2D and any
other questions regarding allowable platforms for teleconferencing.
• Consult the NYSED CTSO page for additional information as it becomes available.
Program Approval, Data Reporting, Perkins, and Civil Rights
Program Approval
• Program applications for reapproval and/or initial approval of CTE programs, work-
based learning programs, and health science operational approvals will continue to
follow established schedules and deadlines.
• Digital signatures and/or a PDF of a signed application(s) are acceptable for the initial
electronic submission of re-approval and initial approval forms. Original signatures
should be on the paper applications which still need to be mailed to the CTE Office.
• Any changes to NYSED-approved CTE programs will require a submission of a program
amendment form to the Office of CTE for approval.
CTE Data Reporting
• CTE data reported for the 2019-20 school year will be reported only for NYSED-
approved CTE programs using streamlined procedures found on the Office of CTE data
reporting page.
• CTE data will be reported to the SIRS by the program provider—the agency that
operates the NYSED-approved CTE program (i.e., BOCES will report on the programs
they deliver).
• BEDS Business/Employer/Community Involvement data collection for Grades 7 and 8
will be discontinued starting with the 2020-21 school year. Reporting of work-based
learning experiences for Grades 9-12 will continue.
Perkins
• Grant documentation submission deadlines are posted on the Office of CTE home page.
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• Amendments to submitted Comprehensive Local Needs Assessments (CLNA) will be
considered for COVID-19 related needs.
• Digital signatures and/or a PDF of a signed application are acceptable for the initial
electronic submission of the CLNA, CLNA Summary, and application with budget forms
FS-10 and FS-10A. Original signatures should be on the paper grant applications and
FS10s which still need to be mailed to the CTE Office.
Civil Rights
No flexibilities in the compliance with federal civil rights laws will be granted. Districts and
BOCES must continue to comply with federal civil rights requirements, including Title VI of the
Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the
Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act, and requirements
under the Individuals with Disabilities Education Act. It is New York’s responsibility to comply
with these civil rights requirements, including through the State’s Methods of Administration
State Plan under 34 C.F.R. Part 100, Appendix B.
Remote procedures will be utilized for civil rights monitoring.
Resources
High Quality CTE: Planning for a COVID-19 Impacted School Year, Association for Career and
Tecnical Education (ACTE)
CTE Technical Assistance Center of New York
Academic Intervention Services
Students in grades 3-8, including students with disabilities and English Language learners, who
are at risk of not achieving State Learning Standards in English Language Arts, Mathematics,
Social Studies, and or Science are entitled to receive Academic Intervention Services in
accordance with Commissioner’s Regulations section 100.2(ee). As the New York State
Assessments in grades 3-8 were not administered in the 2019-20 school year, districts shall use
a district developed procedure to be applied uniformly at each grade level for determining
which students are entitled to such services. Districts may consider students’ scores on multiple
measures of student performance, which include, but are not limited to, one or more of the
following measures:
• Developmental reading assessment
• Benchmark and lesson embedded assessments
• Common formative assessments
• Unit and lesson assessments
• Results of psychoeducational evaluations
• Diagnostic screening for vision, hearing, and physical disabilities as well as screening for
possible disabilities pursuant to Commissioners Regulations Part 117
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Grading
Determination of grading policies continues to be the purview of each local school or district.
Due to local control, these policies vary widely across the state. Given the flexible instructional
models, schools should develop grading policies applicable to each model that are clear and
transparent to students, parents, and caregivers. Such policies should align clearly to the
outcomes of the course and the State’s learning standards.
Assessment
As districts and charter schools develop instructional models under the three delivery methods
(in-person, remote and hybrid), attention must be paid to how students are assessed and
further, how student progress will be communicated to parents and caregivers.
The following are some criteria districts or charter schools may wish to consider when
developing their plan for assessments in the 2020-2021 school year:
• Focus on preassessment and embedded formative assessments to inform instruction
• Build in time and opportunities for educators to collaborate and plan for the creation of
preassessments
• Consider the testing accommodation needs of some students when planning the
approach to assessments.
• Determine a suite of assessment tools that can be utilized in various instructional
models, remote, hybrid and in-person
• Develop a strategy to determine those students who are in need of academic
intervention services (AIS) in accordance with the Department’s guidance and plan to
provide in-person, remotely, or in a hybrid model.
Libraries
School Libraries are an integral part of the learning ecosystem, and school library media
specialists play an essential role in helping students gain information, media, and digital fluency
skills. Schools and districts are encouraged to consider ways in which school library media
specialists can support high-quality instruction in hybrid and remote models.
Resources
The following websites may be of assistance as districts and charter schools plan for the re-
opening of schools:
• Prekindergarten and Early Learning Resources
• Content Area Learning Standards/Office of Curriculum and Instruction
• Career and Technical Education
• Culturally Responsive Sustaining Education
• Continuity of Learning Resource Page
• Bilingual Education and World Languages
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• Office of Special Education
ATHLETICS AND EXTRACURRICULAR ACTIVITIES
Interscholastic sports, and extracurricular activities are an important aspect of student life and
the school community. During the COVID shutdown students were unable to engage in and
enjoy these social activities that are part of the fabric of any school program. As schools plan
for reopening in September, attention should be paid to bringing back activities that can be
conducted in a safe environment with appropriate social distancing protocols. In addition,
schools might consider the creation of extracurricular activities that can be continued remotely
in the event of another shut down.
Per the reopening guidance issued by the NYS Department of Health, schools/districts must
develop policies regarding extracurricular programs including which activities will be allowed,
considering social distancing, PPE usage, and cleaning and disinfection, as well as risk of COVID-
19 transmission (e.g., interscholastic sports, assemblies, and other gatherings). Policies should
consider how to maintain cohorts, if applicable, or members of the same household.
Schools/districts should refer to DOH’s “Interim Guidance for Sports and Recreation During the
COVID-19 Public Health Emergency” to assist in development of these policies; however,
interscholastic sports are not permitted at the time of publication of this guidance, and
additional information on athletic activities is forthcoming.
Interscholastic Athletics
Per the NYDOH Guidance Interscholastic sports are not permitted at the time of publication of
this guidance, and additional information on athletic activities is forthcoming.
The New York State Public High School Athletic Association (NYPSPHSAA) has established a
COVID-19 Task Force comprised of NYSPHSAA member superintendents, principals, athletic
directors and executive directors in addition to representatives from New York State Athletic
Administrators Association and State Education Department. The Task Force will provide
guidance when New York high school student-athletes are allowed to return to athletics. The
task force is reviewing State and local health guidelines, as well as NYSED guidance, regarding
the 2020-2021 school year to determine, among other things, the extent to which changes may
be needed for each interscholastic sports season. The COVID-19 Task Force will continue to
review all aspects of the fall 2020 season and the 2020-2021 school year related to the COVID-
19 crisis, such as practice requirements; fan attendance; resocialization efforts; protocol;
procedures; transportation; etc. As more information becomes available it will be shared on
the NYSPHSAA website
Considerations for Athletics and Extracurricular Activities
• Restrict and/or limit use of school/district facilities to district or school sponsored
extracurricular activities and groups. If any external community organizations are
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permitted to use school/district facilities, schools/districts must ensure such
organizations follow State and locally developed guidance on health and safety
protocols.
• Maximize the use of technology and online resources to create or continue some
extracurricular activities that may not need or has limited person-to-person contact.
Extracurricular Activities and Use of Facilities Outside of School Hours
All extracurricular activities and external community organizations that use school facilities
must follow
State and local on health and safety protocols and must comply with applicable social
distancing requirements and hygiene protocol.
• Follow New York State Department of Health guidelines and CDC guidelines on wearing
of masks, handwashing and social distancing.
• For more information on cleaning and disinfection, review sanitation guidelines from
CDC at CDC Cleaning and Disinfection Community Facilities , CDC Reopening Guidance
on Cleaning and Disinfection Public Spaces Workplaces, Businesses Schools and Homes
SPECIAL EDUCATION
Students with disabilities were
particularly impacted by the closing
of schools in spring 2020. In some
cases, these students were unable
to fully access the programs and
services they needed to progress
academically, particularly those
programs and services that are best
delivered in person. School
reopening plans must always
consider the special needs and
requirements of students with
disabilities.
Special education programs and services provide equity and access for students with
disabilities to be involved in and to participate and progress in the general education
curriculum. School reopening plans must provide a framework to ensure that all students with
disabilities continue to have available to them a free appropriate public education (FAPE) that
emphasizes special education and related services designed to meet their unique needs and
prepare them for further education, employment, and independent living. In consideration of
the health, safety, and well-being of students, families, and staff, school reopening plans must
be designed to enable transitioning between in-person, remote, and hybrid learning
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environments to ensure the provision of FAPE consistent with the changing health and safety
conditions that exist.
NYSED’s Office of Special Education (OSE) has created guidance documents to address
frequently asked questions raised by parents, educators, administrators, and other key
stakeholders regarding the implementation of special education programs and services and the
provision of FAPE during this public health crisis. The OSE guidance is based on current
information released from the United States Department of Education (USDE) as well as
information contained in New York State Executive Orders and New York State Department of
Health guidance. For your reference, links to the relevant federal and NYS resources are
included at the end of this section.
Reopening Plan Mandatory Requirements
The school reopening plan, whether services are provided in-person, remote, and/or
through a hybrid model, must address the provision of FAPE consistent with the need
to protect the health and safety of students with disabilities and those providing special
education and services.
The school reopening plan must address meaningful parent engagement in the parent’s
preferred language or mode of communication regarding the provision of services to
his/her child to meet the requirements of the IDEA.
The school reopening plan must address collaboration between the committees on
preschool special education (CPSE) and committees on special education (CSE) and
program providers representing the variety of settings where students are served to
ensure there is an understanding of the provision of services consistent with the
recommendations on individualized education programs (IEPs), plans for monitoring
and communicating student progress, and commitment to sharing resources.
The school reopening plan must ensure access to the necessary accommodations,
modifications, supplementary aids and services, and technology (including assistive
technology) to meet the unique disability related needs of students.
The school reopening plan must address how it will document the programs and services
offered and provided to students with disabilities as well as communications with parents, in
their preferred language or mode of communication.
Considerations for Reopening Plans
• The school reopening plan encourages CPSEs/CSEs to prepare contingency plans to
address students’ remote learning needs in the event of potential future intermittent
or extended school closures.
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• The school reopening plan considers in-person services a priority for high-needs
students and preschool students with disabilities whenever possible.
Least Restrictive Environment (LRE)
Students with disabilities must have equal access to high-quality programs that are designed,
based on their individual needs and abilities, to enable them to achieve the desired learning
results established for all students. Schools are encouraged to be creative in ensuring that
students with disabilities have opportunities for instruction with students without disabilities to
the greatest extent possible consistent with their IEP. If providing in-person instruction,
schools must ensure that health and safety requirements do not result in the unnecessary
separation of students with disabilities from their non-disabled peers.
LRE Documentation
As schools plan to reopen and make determinations about how students with disabilities will
receive access to the LRE, they must consider how that process is documented, including who is
involved in making those determinations. Schools should consider how the parent voice in
making LRE considerations is documented.
IEP Implementation
Until schools return to normal operating conditions, the same flexibility with respect to IEP
implementation for delivery of services during school closures due to the COVID-19 outbreak
continues to apply to the programs and services whether delivered in-person and/or remotely
(e.g., flexibility with respect to the mode and/or manner; group or individual sessions; specific
group size for related services, frequency, duration and location of related services, and special
class size ratio etc.).
Provision of Services
Consistent with previously issued OSE guidance, school districts must ensure that, to the
greatest extent possible, each student with a disability can be provided the special education
and related services identified in the student’s IEP. During the 2020-21 school year, due to the
health and safety requirements that must be in place when schools resume, schools may not be
able to provide all services in the same mode and/or manner they are typically provided.
Schools will need to determine what methods of delivery of services will be utilized to deliver
special education programs and services to meet the needs of students with disabilities as they
plan for various types of instructional models including in-person and remote learning. When
providing remote services, schools should continue to use the information included in OSE’s
March 27, 2020 and April 27, 2020 guidance documents.
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Progress Monitoring
Teachers and service providers must continue to collect data, whether in-person or remotely,
and use these data to monitor each student’s progress toward the annual goals and to evaluate
the effectiveness of the student’s special education services. Determining student progress is
necessary for understanding the student’s present levels of academic achievement and
functional performance, and for determining whether, and to what extent, the school closures
may have disrupted the student’s learning. Reports of progress to parents may be made via
telephone or other electronic means if progress reporting procedures specified in the student’s
IEP cannot be met with reasonable efforts.
Best Practice for Contingency Plans
In March 2020, NYSED provided guidance in conformance with the federal Office of Special
Education Programs (OSEP) that IEPs did not need to be amended as schools converted to
online or virtual learning platforms. As the COVID-19 pandemic evolves, CPSE/CSE should
prepare for all contingencies and consider plans to address students’ remote learning needs in
the event of potential future intermittent or extended school closures.
Compensatory Services
Because schools were required to provide FAPE consistent with the need to protect health and
safety in the first instance, students may have experienced a loss of skills despite best
intentions, efforts and creative solutions when providing educational programs and services. In
these circumstances, CPSEs/ CSEs must make an individualized determination whether and to
what extent compensatory services are to be provided once school reopens; how those
services will be provided in conjunction with the school’s reopening plan and continue if the
school must close again over the next school year.
IEP Implementation Documentation
• Schools must determine how they will process and maintain the additional
documentation regarding changing student needs due to the period of remote
instruction and a return to a traditional classroom environment after a lengthy period
away from in-person instruction.
• Schools must determine how documentation will be maintained on the instruction and
services that were provided to each student so that it may be communicated to the
CPSE/CSE for consideration when making any individualized determinations of
subsequent student needs, including transition services.
• Schools must consider how formative assessment and ongoing monitoring of student
progress will be documented and maintained and how that documentation will be
available to the CPSE/ CSE and parents, in their preferred language or mode of
communication.
• Schools must maintain documentation of collaboration with parents to develop any
contingency remote learning plans that may be implemented during a school closure.
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• Schools must document the ongoing provision of compensatory services to individual
students upon the reopening of schools. Documentation will then be available to
parents, CPSE/CSE and other relevant parties, in their preferred language or mode of
communication.
Child Find
As schools reopen, it is important for school districts to remember their responsibilities under
IDEA to identify, locate, and evaluate all students with disabilities who are in need of special
education and related services while keeping in mind the impact that school closures may have
had on all students.
Referral
Before referring a student for special education, school districts should take into consideration
all factors that may have influenced the student’s progress during school closures due to
COVID-19. If the school district suspects a student of having a disability, it must refer the
student for an initial special education evaluation and obtain parent consent for the evaluation.
However, a referral may not be warranted if the reason for underperformance is due to school
closures and a change in the provision of education. All parent referrals and request for
referrals by school staff should be considered as usual per the procedures in Commissioner’s
Regulations section 200.4(a).
Initial Evaluation/Reevaluation
Reopening plans must ensure that special education evaluations (i.e., initial and
reevaluations) are conducted whether in-person or remotely within required timelines. The
use of technology should be considered to meet timelines for evaluations and reevaluations
that must be conducted remotely. CPSEs/CSEs should review records to determine which
students are due for an initial evaluation or reevaluation and have a plan to address any
backlog of evaluations. Schools should continue to follow OSE’s March 27, 2020 and April 27,
2020 guidance for conducting evaluations and reevaluations during the COVID-19 pandemic
to meet the special education timelines.
Eligibility Determination/Annual Review Meetings
School districts should develop clear procedures and expectations for CPSEs/CSEs to meet as
required including to make eligibility determinations following initial evaluations and to review
and, if appropriate, revise each student’s IEP at least annually. When conducting CPSE/CSE
meetings, the parent of a student with a disability and a school district may agree to use
alternative means of meeting participation requirements, such as video conferences and
teleconferences..
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Communication/Coordination
Ensuring clear, ongoing, and shared communication and collaboration is critical to ensuring
equitable access to special education programs and services and the continued offer of FAPE
for students with disabilities. School districts and approved programs serving students with
disabilities must collaborate with parents and families to ensure that students continue to be
provided FAPE consistent with the need to protect the health and safety of students and their
service providers.
Meaningful Outreach and Engagement with Parents of Students with Disabilities
In addition to the communication efforts schools make for all students, parents of students
with disabilities have a legal right to be informed regarding the identification, evaluation,
educational placement, and the provision of FAPE to their child. Whether special education
programs and services are provided in-person, remotely, or through a hybrid model, effective
communication between school personnel and parents includes the following:
• Working collaboratively and creatively to help ensure there is an understanding of the
school’s efforts to provide services consistent with the recommendations on the IEP
and monitor student progress; and
• Communicating with parents in their preferred language or mode of communication
and documenting outreach efforts.
Procedural Safeguards and Prior Written Notice Requirements
• School districts must continue to provide the procedural safeguards notice to parents.
• School districts must continue to provide parents with prior written notice in a
reasonable time before a change in the identification, evaluation, educational
placement or provision of FAPE to the student.
• The procedural safeguards notice, prior written notice, and CPSE/CSE meeting notice
may be provided to the parent by email if the parent elected to receive documents by
email.
• Prior written notice is not required if instruction or related services continue to be
provided remotely or through a hybrid model because remote learning and telepractice
is considered an alternate mode of instructional delivery and not considered a change
in the student’s educational placement. If, however, based on current circumstances,
revisions or additions to a student’s IEP need be made to continue to meet the
student’s needs while school is closed due to COVID-19, such changes must be made by
the CPSE/CSE at a meeting or through a written agreement with the parent to amend
the IEP without a meeting (with the expectation that parents must be provided a copy
of the document amending the IEP and prior written notice of the proposed changes to
the IEP).
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Partnership and Collaboration to Reflect All Settings Where Students are Served
The diverse educational needs of students with disabilities are reflected through the continuum
of services that are provided in a variety of settings. As school districts are ultimately
responsible for the provision of FAPE, frequent opportunities to interact with representatives
from all applicable school settings will best facilitate the collective review of effective service
delivery and student progress monitoring. For those students who are receiving special
education programs and services in a charter school, Board of Cooperative Educational Services
(BOCES) program, independent or religious school, approved school-age program serving
students with disabilities, or for approved preschool special education providers contracted by
the county, each school district must conduct outreach efforts to remain informed regarding
the planned activities for the nature and delivery of instruction and related services and to
identify shared resources, materials, and technology that may be available to students, as
appropriate.
For those special education programs and services delivered via a contract with a school district
or county, the provision of instruction and related services must continue to be documented by
the student’s contracting school district program, BOCES program, nonpublic school with an
approved special education program, Special Act school district, State-operated school, State-
supported school, preschool special class or preschool special class in an integrated setting
program, preschool special education itinerant service provider, or related service provider, as
applicable, so that these activities may be communicated to the school district responsible for
developing students’ IEPs. This documentation is necessary for consideration when making
individualized determinations as to whether changes to the IEP recommendation or
compensatory services are needed, under applicable standards and requirements. Successful
and continued partnerships between program providers and school districts will reflect
coordinated efforts necessary to best respond to student needs.
Accommodations and Modifications
Schools must review their instructional practices to plan for the necessary accommodations
and modifications for students with disabilities to progress in the general education curriculum.
Accommodations are alterations in the way tasks and/or assignments are presented.
Modifications are changes in what students are expected to learn. Both accommodations and
modifications ensure equity and access to the general education curriculum in consideration of
a student’s unique disability related needs.
Supplementary Aids and Services
Supplementary aides and services means aids, services, and other supports that are provided in
regular education classes, other education-related settings and in extracurricular and
nonacademic settings to enable students with disabilities to be educated with nondisabled
students to the maximum extent appropriate in accordance with the least restrictive
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environment. Schools must ensure students with disabilities have access to supplementary aids
and services to meet their unique instructional and social emotional needs.
Technology
Schools should be aware of the students with disabilities requiring assistive technology that is
used to increase, maintain, or improve their functional capabilities. Consideration needs to be
given to ensure students have access to their working technology and any accompanying
programs. Protocols detailing availability of an assistive technology service are necessary to
directly assist a student in the selection, acquisition or use of an assistive technology device.
Schools should consider providing parents and families with a list of individuals, including their
contact information, available to respond to questions and concerns regarding the assistive
technology device and/or service for their child(ren).
Budget and Finance Provisions for Approved Providers of Preschool and SchoolAge Programs
Serving Students with Disabilities
Preschool and School-Age approved programs receiving funding under Article 81 and/or Article
89 of the Education Law pursuant to tuition rate setting methodology are subject to specific
attendance and reimbursement rules. The Department remains committed to ensuring its
guidance is responsive to these essential programs and to the students they serve.
Attendance and Enrollment
All schools must follow the provisions outlined in the Attendance for Instructional Purposes
section of this report. For purposes of the tuition to be charged for nonpublic schools with
approved special education programs, State-supported Schools, State-operated Schools,
Special Act School Districts, preschool special class and special class in an integrated setting
programs, pursuant to NYS Education Regulation §175.6, a student with a disability is deemed
to be in attendance during the period of enrollment. The full-time equivalent (FTE) enrollment
starts on the first day students are physically present or legally absent from the approved
program. Student absences due to school closure per Governor Executive Order due to the
COVID-19 outbreak are considered legal absences per §175.6. Billing can occur the first week of
the student’s enrollment (physical presence or legal absence) after three consecutive days.
180-Day and 30-Day Requirement
• 8 NYCRR 200.7(b)(5) and 200.16(a)(6) provides that “[i]nstruction for not less than 180
days each year shall be provided for each student.” Emergency regulations adopted in
April 2020 further amended these regulations to waive the 180-day requirement in
accordance with the terms of Executive Order(s) of the Governor to close schools due to
the State of emergency for the COVID-19 crisis. The Division of the Budget has agreed to
provide 2019-20 reconciliation rate waivers via a streamlined approval process to hold
providers harmless for the impact of reduced care days due to the 10-month 2019-20
session operating less than 180 days as a result of COVID-19 closures, pursuant to the
terms of Executive Order(s) issued in response to the COVID-19 emergency.
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• For the purposes of the 2019-20 school year, consistent with the 180-day waiver,
regulatory amendment, and applicable Executive Orders, session days are the sum of the
following days:
o Those days in-person instruction was provided during the 2019-20 school year at the
approved school site per the student’s IEP;
o Those days the program was previously scheduled to be open but was closed prior to
March 18, 2020 at the direction of state or local health officials as a result of the
COVID-19 virus, or pursuant to a properly executed declaration of an emergency for
the COVID-19 crisis; o Those days the program was previously scheduled to be open
but was closed during the period of March 18, 2020 through March 31, 2020; and
o Those days during the period of April 1, 2020 through June 30, 2020 where continuity
of learning and IEP services were delivered remotely via distance learning and
telepractice.
• For the 2020-21 extended school year program, days where programs and services are
provided remotely count toward the 30 days of service requirement. Flexibility has also
been provided for the 2020-21 extended school year program to allow amended
calendars beginning at a later start date and/or operating less than five days of
instruction per week provided that amended calendars reflect as least six weeks of
instruction and will be funded for 30 days of programs and services. Prior approval from
NYSED is not required and the new start and end dates must be updated in the System to
Track and Account for Children (STAC).
• Further direction and authorization on how to satisfy session day requirements for the
2020-21 10-month program will be issued under separate cover.
Tuition Rate Setting
• During the Reopening Task Force meetings, stakeholders provided feedback that tuition
rate flexibility is needed to better respond and prepare for school reopening. Interim
tuition rates for the 2020-21 school year have been authorized and published on the RSU
website. To the extent additional funding is made available, the Department has
advocated that approved programs serving students with disabilities receive an amount
commensurate with the growth provided in state aid to school districts.
• The Department does not have unilateral authority to approve flexibility in
reimbursement methodology but has proposed changes to better respond to program
needs. In terms of flexibility to allow approved programs to retain short-term surpluses
to apply against short term deficits, and offer flexibility with the direct/non-direct
parameter, the Department recommended an approach to discontinuing the issuance of
annual reconciliation rates effective with the 2020-21 tuition rate year. The Department
is also recommending that the prospective tuition rates for years 2021-22 through 2024-
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25 be established based on the prior year’s prospective tuition rate plus approved annual
trend factors plus approved targeted funding initiatives. Pursuant to the proposal, at
the conclusion of the 5-year period 2020-21 through 2024-25, a reconciliation will be
performed for the 5-year period of the allowable expenses as compared to the provided
funding for the 5-year period. If allowable expenses are less than the provided funding
by more than 1%, the Department will calculate an adjustment to recoup the surplus
funding exceeding the 1% surplus. This proposal is not currently approved for
implementation and the Department will provide additional information when it is
available.
• The OSE and the Rate Setting Unit continue to have scheduled meetings with
stakeholders representing the approved programs serving students with disabilities to
obtain feedback and seek input regarding ongoing operational concerns. Any future
guidance will continue to reflect this essential communication.
Resources
Links to the relevant federal and NYS resources that are available to schools for the delivery of
special education programs and services:
Federal
• US Department of Education (USDE) COVID-19 (“Coronavirus”) Information and Resources
for Schools and School Personnel – Provides “Program Information: FAQs and Responses”
from OSEP and the Office of Civil Rights as well as resources for learning at home and remote
learning resources for educators, administrators, and related service providers.
• National Center for Systemic Improvement’s COVID-19 Resources for Supporting Students
with Disabilities – Designated by the USDE as resource hub for COVID-19 policy guidance,
remote learning and tele-practice/tele-therapy.
• Early Childhood Technical Assistance Center (ECTA): COVID-19 Resources and Information
Webpage – Designated by USDE as a resource hub for information for state’s early
intervention Part C and early childhood special education IDEA Part B Section 619 programs.
• OSEP Ideas that Work Continuity of Learning During COVID-19 – Provides information, tools,
and resources to help educators, parents and families, and related service providers meet the
educational, behavioral, and emotional needs of children and youth with disabilities through
remote and virtual learning. A searchable database is available to filter these resources by
age, audience and topic.
Office of Special Education
• Provision of Services to Students with Disabilities During Statewide School Closures Due to
Novel Coronavirus (COVID-19) Outbreak in New York State (March 27, 2020) – Provides
guidance regarding the provision of services to students with disabilities, including English
Language Learners with disabilities.
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• Supplement #1 (April 27, 2020) – Provides follow-up questions and answers to the March
2020 guidance.
• Supplement #2 (June 20, 2020) – Provides considerations for CPSEs and CSEs when making
recommendations for extended school year services; revisions to IEPs to ensure the
continued provision of a free appropriate public education due to a student’s changing needs;
and compensatory services.
• Supplement #3 (June 20, 2020) – Provides information regarding the Governor’s Executive
Order 202.37 which indicates that special education services and instruction required under
federal, State or local laws, rules, or regulations, may be provided in person for the summer
term in school districts.
BILINGUAL EDUCATION AND WORLD LANGUAGES
The spring 2020 COVID-19
crisis was extremely
challenging for all students,
but created particular
difficulties for our most
vulnerable students,
including English Language
Learners (ELLs)., These
challenges exacerbated
existing educational
inequities, like a lack of
access to technology and
reliable Wi-Fi needed for
remote learning. It is critical
that school reopening plans address the special needs of ELLs, and that all
communications with ELL students and their families be in their preferred language and
mode of communication.
As schools prepare to reopen schools in 2020-21, they must remain mindful of legal
requirements and proactively address inequities, including, to the greatest extent feasible,
providing support and instruction to all parents/
guardians regarding the use of technology in their preferred language of communication. ELLs
must be provided with the supports needed to close the potential learning loss that may have
been a result of the school closures due to COVID-19.
As schools design their reopening plans, ELLs must be afforded the opportunity for full and
equal participation whether it be through an in-person, remote, or hybrid model of instruction.
While many ELLs may have benefitted from learning through remote learning platforms, it is
important to consider their unique needs and to strengthen the home language and supports
necessary for English language development utilizing synchronous and asynchronous learning.
Schools are strongly encouraged to examine resources available on the NYSED Office of
Bilingual Education and World Languages website as they develop their plans, as their
curriculum is reviewed, as instructional plans are developed, and as educational materials are
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selected. Districts and schools should contact their Regional Bilingual Education Resource
Networks (RBERNs) if they need additional guidance/support during this process.
Mandatory Requirements for Reopening
Qualifying schools that reopen using in-person or hybrid instruction will be required to
complete the ELL identification process within 30 school days of the start of the school
year for all students who enrolled during COVID-19 school closures in 2019-20, as well
as all students who enroll during summer of 2020 and during the first 20 school days of
the 2020-21 school year. After this 20day flexibility period, identification of ELLs must
resume for all students within required 10 school days of initial enrollment as required
by Commissioner’s Regulations Part 154.
Provision of required instructional Units of Study must be provided to all ELLs based on
their most recently measured English language proficiency level during in-person or
hybrid instruction.
Maintain regular communication with the parents/guardians and other family
members of ELLs to ensure that they are engaged in their children’s education during
the reopening process Provide all communications for parents/guardians of ELLs in
their preferred language and mode of communication
Considerations For Reopening Plans
• Ensure that all teachers and administrators receive professional learning on topics related to
use of technology and hybrid or remote learning strategies in topics related to ELLs. Adopt
policies to meet the guidelines outlined in the Blueprint for English Language
Learner/Multilingual Learner Success in the delivery of remote and hybrid learning.
• Establish protocols that promote coordination among English as a New Language (ENL)
and content area teachers for the delivery of remote and hybrid learning.
• Adopt or develop progress monitoring tools to provide data that identifies gaps in
student learning towards English language proficiency and towards content area
proficiency in both English and students’ home languages.
• Resume and create programs to address the specific needs of Students with
Interrupted/Inconsistent Formal Education (SIFE), ELLs with IEPs, and other vulnerable
populations during the reopening process.
• Prioritize 12th grade students who were unable to complete requirements in 2019-2020
to continue work towards earning the New York State Seal of Biliteracy in 2020-2021.
• Continue to utilize educational technology when teaching ELLs in both in-person and
hybrid models to reinforce students’ familiarity with these tools.
• Provide Emergent Multilingual Learners enrolled in Prekindergarten programs with
instruction in their home languages during remote and hybrid learning.
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• Actively engage students on a regular basis to assess their need for Social Emotional
Well Being supports that address the unique experiences of ELLs and are delivered in
or interpreted into students’ home languages during remote or hybrid learning.
• To the greatest extent possible, districts are to ensure that all ELLs and other
vulnerable students can access technology and wi-fi needed for periods of remote
learning so they do not fall further behind as a result of COVID-19 closures and
remote/hybrid learning.
• Schools have the flexibility to provide additional units of study if they deem necessary
based
on student need. This flexibility could take the form of additional ENL programming to
address oral language development, writing and reading skills, and academic vocabulary
development to provide more access to content.
• Schools are advised to keep the unique needs of parents of ELLs/MLLs in mind and
provide support and guidance on the logistics and functionality of a remote or hybrid
learning model—including interpretation and translation needs as described above—to
ensure that they have equitable access to critical information about their children’s
education as they transition back to school in fall 2020.
• Implement the practices described in the Culturally Responsive-Sustaining Education
Framework during hybrid or remote learning.
Initial Identification of Potential ELLs
NYSED has approved temporary emergency regulatory changes to the ELL identification process
to address the backlog of newly enrolled students who need to complete the ELL identification
process mandated by Part 154- 2.3(a) at the commencement of the 2020-21 school year.
• Qualifying schools that reopen using in-person instruction or blended/hybrid instruction will be
required to complete the ELL identification process within 30 school days of the start of the
academic school year for all students who enrolled during COVID-19 school closures in 2019-20,
as well as all students who enroll during summer of 2020 and during the first 20 school days of
the 2020-21 academic school year. After this 20- day flexibility period, all schools that reopen
using in-person or hybrid instruction will be expected to complete identification of ELLs within
the required 10 school days of initial enrollment for all students pursuant to Commissioner’s
Regulations Part 154, including the ELL screening, identification, and placement processes. The
initial screening process should be followed in person for new entrants following the district’s
safety protocols to ensure compliance with the Governor’s Executive Orders and Center for
Disease Control (CDC) health and safety guidelines after commencement of regional reopening.
• Any new entrant enrolling in a school district, to the extent feasible, must be provisionally
placed in a Bilingual Education program while awaiting NYSITELL results, as this is the program
of default for districts which meet the enrollment threshold set forth under Section 154-2.3(d).
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Units of Study for English as a New Language (ENL) and Transitional Bilingual Education (BE)
Programs
All ELLs must be provided the required instructional Units of Study in their ENL or BE program
based on their most recently measured English language proficiency level as evidenced in their
most recent NYSESLAT or their NYSITELL assessment during in-person or hybrid learning.
Former ELLs at the
Commanding level of proficiency within two years of exiting ELL status are to continue
receiving Former
ELL services in the form of Integrated ENL or other Former ELL services approved by the
Commissioner under Part 154-2.3(h) during in-person or hybrid learning.
Districts and schools are encouraged to review the proficiency of students who are entering
their third year as a Former ELL at the Commanding level of proficiency in 2020-21 (students
who achieved Commanding on the 2018 administration of the NYSESLAT) and to provide these
students with supplemental Former ELLs services as they deem appropriate.
Communications and Language Access
All communications for parents/guardians of ELLs must be in their preferred language and
mode of communication. As discussed in previous guidance, language access obligations under
federal and state law – including but not limited to those pursuant to Part 154 – have remained
in effect throughout school closures, and schools continue to have the responsibility to ensure
that parents/guardians of ELLs/MLLS receive access and information available to other parents
in the language or mode of communication they best understand.
School districts should, to the greatest extent possible, provide interpretation and translation
through a qualified interpreter/translator in the languages most commonly spoken in the
district, and at a minimum in those languages spoken by a large number and percentage of
ELLs.
Professional Learning for Educators
As districts design professional learning opportunities for reopening, special consideration must
be given to promote an understanding of Bilingual Education, use of home language, and the
linguistically diverse needs of ELLs. In order to ensure that all NYS educators are aware of and
able to address ELL needs, all teachers and administrators must receive professional learning
related to serving ELLs as required by Commissioner’s Regulations Part 154. Districts must
adhere to professional learning requirements set forth under Section 154-2.3(k), pursuant to
which – unless the district is eligible for and NYSED has approved a waiver – 15% of all teachers’
professional learning hours, and 50% of all professional learning hours for Bilingual Education
and ENL teachers, must be targeted to the specific needs of ELLs.
In addition to continuing their usual course of ELL-focused professional learning, teachers of
ELLs (including ENL and Bilingual Education teachers, as well as content area teachers in non-
ELL specific classes in which ELLs are enrolled) may require focused professional learning to
strengthen their knowledge and skills to address new learning challenges that ELLs may face as
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a result of spring 2020 COVID-19 closures. In order to address these challenges, schools should
consider targeted professional learning focused on utilizing technology to promote student
independence and engagement, providing effective and meaningful feedback, and promoting
peer to peer interaction. For ELLs, collaboration or cooperative learning with peers who have
mastery in English or are non-ELLs is an impactful practice that should become a part of their
learning. OBEWL recommends that focused professional learning opportunities be offered in,
but not limited to, the following areas:
• Implementing collaborative models of instruction: co-planning, sharing best practices to
support standards-based curriculum accessibility for ELLs;
• Progress monitoring: analyzing and interpreting data to inform instructional decisions;
differentiating instruction; designing lessons that accelerate learning; and utilizing
formative and summative assessments to identify and address instructional gaps;
• Implementing language-based strategies in all four modalities and teaching language skills
across a standards-based curriculum;
• Utilizing digital tools that cultivate independent learning, critical thinking, and student
engagement; and
• Building positive relationships/rapport among teachers, students and parent/guardians.
The Regional Bilingual Education Resource Networks (RBERNs) are available to provide
technical assistance and resources and are in the process of identifying and developing
additional professional learning opportunities to address the needs of ELLs. Please see the
section on Special Education for information regarding the particular needs of ELLs with
disabilities.
Guiding Principles for Ensuring the Success of ELLs/MLLs
The Blueprint for English Language Learner/ Multilingual Learner Success is a statewide
framework that sets expectations for administrators, policymakers, and practitioners to
prepare ELLs/MLLs for academic success, beginning in prekindergarten, and to lay the
foundation for college, career, and civic readiness. The Blueprint sets forth eight principles of
ELL education within which mandates of the Every Student Succeeds Act (ESSA) and Part 154 of
the Regulations of the Commissioner are implemented. These principles provide guidance and
resources to districts, schools, and teachers as they promote a better understanding and
appreciation of Bilingual Education, English as a New Language (ENL), and World Language
studies (including the indigenous languages of NYS). As schools plan for reopening, it is
appropriate to build pedagogical best practices in which every teacher is prepared to design
units of study in their own content area capitalizing on the home language and the English
linguistic demands of ELLs. ELLs encounter many teachers and staff in school beyond the
language development instructors in ENL and BE programs, which is why the Blueprint for
ELL/MLL Success declares that “All teachers are teachers of ELLs/MLLs and must plan
accordingly.” Districts are expected to continue to apply the principles of the Blueprint in
planning for the reopening of schools in 2020-21.
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Progress Monitoring
With the cancelation of the 2020 NYSESLAT, schools must determine new methods to
measure the English language proficiency levels of their ELLs to ensure that these students
are receiving the appropriate level of instruction. Districts and schools are encouraged to
identify and adopt additional progress monitoring tools to track language skills progress
toward English Language Proficiency. Some options for schools to consider are provided
below.
• Local Progress Monitoring Assessment Tool: District leaders are encouraged to
formalize the use of their existing local informal progress monitoring tools, implement
tools that will allow the monitoring and collection of student performance data to
inform instruction, develop instructional goals for English and Home Language
development, and help accelerate the learning. These progress monitoring tools can
be used to plan, modify, and/or differentiate instruction. Refer to the Checklist for
Developing or Selecting an English Language Proficiency (ELP) Progress Monitoring
(Interim) Assessment provided by NYSED to guide the selection of progress monitoring
tools to measure English Language Proficiency.
• Multilingual Literacy SIFE (MLS) Screener: The MLS, which is generally used in NYS
for identification of SIFE, can also be administered for a general literacy evaluation.
The MLS is a multilingual screener that determines students’ home language literacy
and math skills to identify SIFE and design appropriate instruction. However, it can also
be used by districts to conduct a general literacy screening of any newly identified ELL
– even if they are not considered SIFE.
This tool will provide a baseline of their academic and literacy level in their home
language. Districts that use the MLS for this purpose are to use it to gain a snapshot of
a student’s initial literacy level when school resumes for 2020-21, but not as an
assessment of a student’s knowledge for the purpose of informing ongoing instruction.
A district that chooses to use the MLS as an initial literacy screener must take the following
steps to ensure that the analysis does not impact their SIFE recordkeeping and data (i.e., to
ensure that an ELL who undergoes the MLS for this purpose is not accidentally included in its
SIFE count). If a district has never administered the MLS, they must first create an account on
the MLS website and individually register each student (please see the MLS User Manual for
detailed instructions). When answering the question “Why is the school district administering
this test?” during registration of a student for an initial literacy screener, the district must
select “This is going to help NYSED collect data about the usage of the MLS and the correct
number of SIFE identified through the MLS” on the dropdown menu of four multiple choice
options.
Educational Technology
In order to help students prepare for potential future closures, and to familiarize them with
new technological trends in learning that will enhance their college, career, and civic readiness,
NYSED strongly suggests the continued use of technology, including online learning, and other
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educational digital tools, to not only address the needs of and build on ELLs’ knowledge, but to
help ELLs become digital learners.14 Strategically including online resources, digital tools, and
media in daily in-person or hybrid routines and lessons will facilitate a smoother transition into
any future school closure.
OBEWL has created a Resource Collection for ELLs and World Language Students to support
educators in adapting and developing lessons and units of study to meet the needs of ELLs at all
levels of proficiency and develop appropriate scaffolds for use in the virtual classroom. In
addition, the Regional Bilingual Education Resource Networks (RBERNs) have created a
repository of professional learning videos, known as RBERN on Demand, which includes a
section on technology integration for ELLs.
Students with Interrupted/Inconsistent Formal Education (SIFE)
SIFE15 are among the most vulnerable ELL subgroups, having already endured interruptions in
their education prior to their arrival in NYS. Many SIFE are refugees and others may have left
family and friends behind when they immigrated to the US. While school closures have been
difficult on all students, SIFE have been among those having the hardest time adjusting, and
many were not able to remain engaged with their learning. In response, NYSED has approved a
temporary emergency regulatory change that time out of school due to COVID closures do not
count toward the 12 months that SIFE may be enrolled in US schools prior to initial
identification as a SIFE pursuant to Part 154-2.2(y), regardless of whether they were engaged in
remote schooling during that time.
NYSED recognizes the complex additional educational needs of SIFE and has created and
provided numerous resources to guide and support educators in addressing the unique needs
of these students. Tools, resources, and strategies for supporting and scaffolding instruction for
SIFE identified in previous guidance for districts to utilize during COVID-19 closures remain
relevant and useful to support SIFE instructional needs during and after the transition to
reopen schools in 2020-21.
Emergent Multilingual Learners in Prekindergarten
As more children in New York State begin their education in prekindergarten, there is an
increasing
14 When using online tools, districts must be aware of their responsibility to ensure compliance with all applicable laws
and regulations, including student privacy laws such as the Family Educational Rights and Privacy Act (FERPA), the Children’s
Online Privacy Protection Act (COPPA), Education Law § 2-d, and Commissioner’s Regulations Part 121. Education Law § 2-d and
Commissioner’s Regulations Part 121 outline requirements for educational agencies related to the protection of the personally
identifiable information (PII) of students in the student’s records, as well as PII related to annual professional performance
reviews (APPR).
15 Under Section 154-2.2(y), SIFE are defined as ELLs “who have attended schools in the United States (the 50 States and
the District of Columbia) for less than twelve months and who, upon initial enrollment in such schools are two or more years
below grade level in literacy in their home language and/or two or more years below grade level in Math due to inconsistent or
interrupted schooling prior to arrival in the United States (the 50 States and the District of Columbia).”
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need to support children from families who speak a language other than English at home in
order to ensure that they have equitable access to these programs’ advantages. As
discussed in previous guidance, the Emergent Multilingual Learners (EMLLs), profile process
allows prekindergarten programs to assess the home language exposure of children in
Prekindergarten. EMLLs are identified by the Profile as having exposure to a language other
than English but are not assessed for English proficiency (which occurs in kindergarten when
the ELL identification process is conducted).
Prekindergarten programs are expected to continue to implement best practices to leverage
the home language in instruction, as well as to implement culturally responsive-sustaining
education, in accordance with NYSED’s Culturally Responsive-Sustaining Education Framework.
This practice will help set the foundation for positive self-identity and acceptance.
Family Partnerships and Communication
Stakeholders who participated in the Reopening Schools Taskforce consistently stressed the
need to provide information to families of ELLs in a language they understand in order to
ensure that they can actively participate in their children’s education. Also, as described above,
the obligation of districts to provide language access remains in effect throughout COVID-19
closures and during the school reopening process. Educators, administrators, and
parents/guardians must continue to work together to meet the needs of all ELLs/MLLs as
seamlessly as possible as schools reopen in the fall. Collaboration and communication with
parents/guardians and other family members must continue to be maintained and provided in
their language of preference, in accordance with federal and state language access obligations.
Schools are advised to continue to create and disseminate parent/guardian resources in the
language(s) most frequently spoken by a school’s ELL/MLL population on how to access
technology used in on-line education. Such resources should be posted on districts’ websites,
and/ or via social media platforms.
New York State English Language Learner Parent Hotline: Parents and students can
contact the NYS ELL/MLL Parent Hotline if they have questions or concerns related to language
access or other aspects of parents and students’ educational rights. This resource is operated
by the New York State Language RBERN and it serves as a way for parents of ELLs/MLLs and
persons in parental relation to inquire about their rights and the delivery of services for their
children based on state regulations. It is intended to allow parents/guardians and students to
inquire and receive responses in the top ten ELL/MLL home languages in NYS. The Parent
Hotline can be reached via phone at (800) 469-8224 or via email at
nysparenthotline@nyu.edu.
Culturally Responsive-Sustaining Education Framework
NYSED has created the Culturally Responsive-Sustaining (CR-S) Education Framework to help
educators create student-centered learning environments that affirm racial, linguistic and
cultural identities, prepare students for rigor and independent learning, develop students’
abilities to connect across lines of difference, elevate historically marginalized voices, and
empower students as agents of social change. The Framework provides guidelines that address
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contributions to be made by multiple stakeholders—including teachers, administrators,
students, and community partners—in developing a strong CR-S education. Districts are
encouraged, to the greatest extent possible, to continue to apply the principles of the CR-S
Framework in planning for the reopening of schools in 2020-21.
Documents and Resources
OBEWL and RBERNs resources are available to support ELLs/MLLs and World Language
students and their parents/guardians as schools transition from COVID-19 closures to the
reopening of schools in an in-person, remote, or hybrid model.
• OBEWL Home Page
• OBEWL ELL Resource Collection
• RBERN Contact Information
• The Blueprint For ELL/MLL Success
• Provision of Services to English Language Learners and World Languages Students During
Statewide
School Closures Due to the Novel Coronavirus (COVID-19) Outbreak in New York State
• Bridges SIFE Resources
• Interpretation and Translation Supports
• NYSESLAT Cancelation Parent Notification Letter
STAFFING
Among school-based factors, teaching and school leadership
are the two greatest influences on student learning. As LEAs
create their plans for the 2020-2021 school year, they: must
ensure that all teachers, school and district leaders, and pupil
personnel service professionals hold a valid and appropriate
certificate for their assignment; can continue to utilize
incidental teaching when determining how to staff their
classrooms; can also employ substitute teachers to address
staffing needs for the allowable number of days, given their
qualifications and teaching assignment; should work with
educator preparation programs to identify appropriate ways in
which student teachers can support classroom instruction; and
should consider whether their currently approved APPR plans may need to be revised to be
consistent with their plans for reopening, whether in-person, remote, or a combination of
the two.
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TEACHER AND PRINCIPAL EVALUATION SYSTEM (EDUCATION LAW
§3012-D/APPR)
Consistent with research and best practices, the Department believes that well-designed and
implemented teacher and principal evaluations (“Annual Professional Performance Review”;
“APPR”) are an important tool to help support educator growth and development. With this
goal in mind, the measures that are used as part of an annual evaluation should provide useful
information to district administrators and the educators who are being evaluated that helps
support educators and leverage their expertise. In turn, this helps ensure equitable access to
effective educators for all students so that students are given the skills to succeed.
In this unprecedented time of school closures, LEAs are facing new challenges in evaluating and
supporting their professional staff. Although LEAs should not penalize their educators as a
result of the challenges to learning presented by the COVID-19 crisis, they must still make sure
students are being taught as effectively as is practical to expect. Therefore, providing support
that teachers and school leaders require is critical at this time.
Providing feedback and support to educators through the evaluation process can both equip
them as they adjust their practice to distance learning, as well as guide focus areas for future
growth once students and teachers return to their physical classrooms.
The following section includes information about the mandatory requirements and
recommended practices for LEAs as they prepare for the 2020-2021 school year.
Reopening Plan Mandatory Requirements
Pursuant to Education Law 3012-d, each school district and BOCES must fully implement
its currently approved APPR plans in each school year 14.
Considerations for Reopening Plans
• Each educator’s evaluation must include at least one required student performance
measure
(SLOs for teachers; SLOs or an input model for principals). The Commissioner’s
regulations for
student performance measures are inherently flexible and are designed to encourage
educators to be systematic and strategic in their instructional decisions. These
measures are intended to increase the quality of discussions taking place in LEAs,
schools, and classrooms that focus on student growth and learning, provide clearer
indications of when and how to adjust instruction to meet students’ needs, and
support more targeted professional learning opportunities.
o LEAs should review their current systems for developing and implementing
student performance measures in light of their plans for teaching and learning.
Doing so can help to streamline the evaluation process by reducing unnecessary
paperwork or time taken away from instructional preparation.
14 Governor Andrew Cuomo’s Executive Order (202.39) related to APPR only suspended the requirement to complete APPRs for
the 2019-20 school year.
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o LEAs should also review the assessment(s) that were chosen as the evidence of
student growth in the approved APPR plan to ensure that these assessment(s)
are aligned with their instructional plans for the coming school year and do not
result in any testing of students that is not necessary to support teaching and
learning. Similarly, LEAs should review their processes for setting growth targets
and measuring student growth to ensure strong alignment to instructional
priorities.
Understanding that learning and demonstrating understanding during
the COVID-19 crisis has taken on new complexities, what is locally
determined to be a year’s worth of growth may look different from
previous years.
• The Observations/School Visits subcomponent for educators can also be adapted to
meet local needs depending on whether instruction happens in-person, remotely, or in
a hybrid model.
o Elements of the teacher and principal practice rubrics locally selected by the
LEA should be reviewed to determine the priority areas depending on the given
instructional model.
As a reminder, LEAs must designate the subcomponents of a rubric that
they deem to be observable. This may be all subcomponents in the
rubric, or a limited number of observable rubric subcomponents for
focus.
o LEAs should review the practice rubrics in collaboration with their educators to
determine the types of evidence that could be collected and used for evaluation
in each instructional model with the priority on collecting authentic evidence of
practice that can be used to provide feedback and support to educators.
• For those LEAs who desire greater flexibility when designing an evaluation system that
is responsive to local context, the most recent APPR regulations adopted by the Board
of Regents include an option for LEAs to submit an APPR Variance to develop and
implement a new and innovative evaluation plan.
o While some aspects of New York State’s evaluation system are prescribed by
the law, several key decisions are described in regulations. The variance process
allows an LEA to implement a system which varies from what is outlined in the
Commissioner’s regulations and through the Department’s guidance
documents, so long as it is still consistent with the minimum statutory
requirements. This additional flexibility may be especially important to LEAs as
they work to re-open schools.
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o LEAs may apply for an APPR variance through the NYSED Business Portal for one
or more of the requirements of APPR (e.g., student performance category,
observations) that meets the specific needs of the applicant 15.
Resources
Please visit the Office of Educator Quality and Professional Development’s website for further
information related to Teacher and Principal Evaluation, including:
• APPR Guidance
• SLO Guidance, Tools, and Resources
• Memos to the Field
CERTIFICATION, INCIDENTAL TEACHING, AND SUBSTITUTE TEACHING
The following section provides information regarding certification for prospective and
practicing educators as well as personnel who are involved with staffing at the school, district,
and/or BOCES levels.
Reopening Plan Mandatory Requirements
Pursuant to Education Law 3001, individuals employed to teach in New York State
public schools must hold a valid certificate. School districts, BOCES, and charter schools
can review the SIRS 329 Staff Certifications report, which is available in Cognos for
authorized users, to ensure that teachers hold the appropriate certificates for their
teaching assignments. This report is refreshed weekly and lists all valid certificates for
all staff identified in the school district, BOCES, or charter school Staff Snapshot.
Considerations for Reopening plans
• In response to the COVID-19 crisis, a superintendent of schools may assign certified
teachers to teach a subject not covered by their certificate (incidental teaching) for a
period not to exceed ten classroom hours a week during the 2020-2021 school year,
when no certified or qualified teacher is available after extensive and documented
recruitment. BOCES review and approve the requests for incidental teaching.
Additional information about incidental teaching is available on the Empoyment
Authorization webpage.
• Substitute teachers may be an important resource for schools during the COVID-19
crisis and currently fall into one of the three following categories.
o Substitute teachers with a valid teaching certificate can work in any capacity, for any
number of days. If they are employed for more than 40 days by a school district or
15 Subject to collective bargaining and approval by the Commissioner.
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BOCES in a school year, they must be employed in an area for which they are
certified.
o Substitute teachers without a valid certificate, but who are working towards
certification (taking college coursework) at a rate of not less than six semester hours
per year,can work in any capacity, for any number of days, in any number of school
districts. If they are employed for more than 40 days by a school district or BOCES in
a school year, they must be employed in the area for which they are seeking
certification.
o Substitute teachers who do not hold a valid teaching certificate and are not working
towards certification may work for no more than 40 days in a school district or
BOCES in a school year, except as described below.
During the 2020-2021 school year, due to the COVID-19 crisis, substitute
teachers who do not hold a valid teaching certificate and are not working
towards certification, but hold a high school diploma or its equivalent, may be
employed by the school district or BOCES beyond the 40-day limit, for up to an
additional 50 days (90 days total in a school year), if the district superintendent
(for BOCES’s and districts that are a component district of a BOCES) or the
superintendent (for school districts that are not a component district of a
BOCES) certifies that the district or BOCES, as applicable, has conducted a good
faith recruitment search for a properly certified candidate and there are no
available certified teachers that can perform the duties of such position. In rare
circumstances, a district or BOCES may hire a substitute teacher beyond the 90
days, if a district superintendent or superintendent attests that a good faith
recruitment search has been conducted and that there are still no available
certified teachers who can perform the duties of such position and that a
particular substitute teacher is needed to work with a specific class or group of
students until the end of the school year.
Resources
For information about certification, please see the Office of Teaching Initiatives (OTI) website
through the following link. The “Topics A-Z” and “Search Certification Requirements” web
pages may be particularly helpful. Updates about certification, including changes in response to
the COVID-19 crisis, are posted on the OTI website homepage.
• OTI website
• Topics A-Z
• Search Certification Requirements
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Contact Information
Prospective and practicing educators who have questions about certification, including their
certificate application, can contact OTI at tcert@nysed.gov.
STUDENT TEACHING
Commissioner’s Regulations Section 52.21(b)(1) (xvi) defines student teaching as follows:
Student teaching means a structured, college-supervised learning experience for a
student in a teacher education program in which the student teacher practices the
skills being learned in the teacher education program and gradually assumes
increased responsibility for instruction, classroom management, and other related
duties for a class of students in the area of the certificate sought. These skills are
practiced under the direct supervision of the certified teacher who has official
responsibility for the class.
Considerations for Reopening Plans
• The Board of Regents and State Education Department strongly encourage school
districts to continue to welcome student teachers into schools and classrooms,
whether in person or remote, during the 2020-2021 school year.
• Student teachers can play important roles in terms of bridging gaps related to
remote/online instruction, and in supporting the teachers of record and the students,
especially during these challenging times.
• School districts should work with the College/University Educator Preparation
Programs to identify appropriate ways in which student teachers can support
classroom instruction while ensuring that the student teacher is given the opportunity
to develop critical knowledge and skills.
o It is important to remember that a student teacher may not serve as the
teacher of record in a classroom and must be under the direct supervision of a
certified teacher who is the teacher of record.
Please visit the Office of College and University Evaluation’s web site for further information.
Contact the Office of College and University Evaluation at ocueinfo@nysed.gov.
GLOSSARY OF TERMS BY TOPIC
Bilingual Education and World Languages
Bilingual Education Program (BE): A research-based educational program comprised of
the following instructional components: 1) Language Arts, which includes Home and English
Language Arts; 2) English as a New Language; and 3) Bilingual content areas.
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Emergent Multilingual Learner (EMLL): Students who are identified by the Emergent
Multilingual
Learner Profile Process as prekindergarten students whose home or primary language is other
than
English. The English language proficiency of prekindergarten students is not assessed, and
therefore EMLLs may or may not be identified as ELLs when the ELL identification process is
conducted in kindergarten.
English As a New Language (ENL) Program: A research-based English language
development program comprised of two components: 1) Integrated ENL: Students receive core
content area and English language development instruction including home language supports
and appropriate ELL scaffolds; and 2) Stand-alone ENL: Students receive English language
development instruction taught by a New York State certified English for Speakers of Other
Languages (ESOL) teacher in order to acquire the English language needed for success in core
content areas.
English Language Learner: A student who, by foreign birth or ancestry, speaks or
understands a language other than English and who scores below a NYS designated level of
proficiency on the NYSITELL or the NYSESLAT. The federal Every Student Succeeds Act (ESSA)
refers to ELLs as “English Learners,” and ELLs are also sometimes referred to as Emergent
Bilinguals or Dual Language Learners.
Former ELL: Once an ELL has reached the Commanding level of English language proficiency,
that student is designated as a Former ELL and is entitled to receive two years of Former ELL
services in the form of a ½ unit of Integrated ENL or other services as approved by the
Commissioner.
Multilingual Learner: All students who speak or are learning one or more language(s) other
than
English, including: 1) current ELLs, 2) students who were once ELLs but have exited out ELL
status, 3) students who were never ELLs but are heritage speakers of a language other than
English, and 4) World Languages students.
Multilingual Literacy SIFE Screener (MLS): A state-wide diagnostic tool that was created
to determine SIFEs’ literacy levels in their home language in order to provide or to design
appropriate instruction for SIFE.
New York State English As a Second Language Achievement Test (NYSESLAT):
The New York State English As a Second Language Achievement Test is an assessment designed
to annually assess the English language proficiency of all ELLs enrolled in grades kindergarten
through 12th grade.
New York State English As a Second Language Identification Test for English
Language Learners (NYSITELL): An assessment that is administered once during the ELL
identification process (or during reentry after an absence of two or more years from NYS
schools). It is designed to determine if a student is an ELL at the time of the student’s
enrollment in the NYS public school system.
Students with Inconsistent or Interrupted Formal Education (SIFE): ELLs who have
attended schools in the U.S. for less than twelve months and who, upon initial enrollment in
schools are two or more years below grade level in literacy in their home language and/or two
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or more years below grade level in math due to inconsistent or interrupted schooling prior to
arrival in the U.S. (NYSED is currently pursuing regulatory flexibility in order that time spent in
remote learning during COVID-19 closures do not count toward the twelve months of
enrollment at the time of SIFE identification).
World Languages: Languages other than English, which are broken down into two
categories: modern languages and classical languages. Modern languages include any language
that has living, native speakers, such as Romance Languages (Spanish, French, Italian,
Portuguese, etc.), Germanic languages (German, etc.), Asian languages (Chinese, Japanese,
Korean, etc.), Indigenous languages (Mohawk, Seneca, Oneida, etc.), American Sign Language,
and many more. Modern languages are contrasted with classical languages, which no longer
have living, native speakers such as Latin, ancient Greek, ancient Hebrew, and others from
earlier time periods in human history.
Career and Technical Education
Career and Technical Education (CTE): A kindergarten through adult program area of
study that includes rigorous academic content closely aligned with career and technical subject
matter, using the State learning standards of career development and occupational studies as a
framework. It includes the specific disciplines of agricultural education, business and marketing
education, family and consumer sciences education, health sciences education, technology
education, and trade/technical education.
Career and Technical Student Organization: An organization for individuals enrolled in
a career and technical education program that engages in career and technical education
activities as an integral part of the instructional program.
Career Exploration Internship Program (CEIP): A registered work-based learning
program that offers unpaid career exploration experiences in the business setting. The focus is
on hands-on career exploration rather than on skill development. The experience assists
students in choosing courses that will help them to reach their college and career objectives. It
also assists students in understanding the linkages among school, work, and post-secondary
education. Students may earn ¼, ½, or 1 unit of elective or CTE sequence credit.
CDOS Credential: An exit credential that meets the definition under section 100.6(b) of
Commissioner’s Regulations
CDOS 4+1 Graduation Pathway: A Regents Diploma graduation pathway which allows a
student to graduate with a high school diploma if the student meets the graduation course
and credit requirements; passes four required Regents Exams or Department approved
alternative assessments (one in each of the following subjects: English, mathematics, science,
and social studies); and meets the requirements to earn the NYS CDOS Commencement
Credential.
Cooperative Career and Technical Education Work Experience (CO-OP): A
registered work-based learning program that provides an important link between the
classroom and the workplace for students age 16 and older. The CO-OP is essentially a
partnership that links school, community, and business/industry to provide a real-world
environment in which students have the opportunity to apply, and thereby augment, the
knowledge and skills obtained in the classroom.
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General Education Work Experience Program (GEWEP): A registered work-based
learning program open to any student 16-21 years of age who is enrolled in school. These work
experiences can be a paid or unpaid and must be registered with the NYSED Career and
Technical Education Team and be re-registered every five years.
NYSED-Approved CTE Program: An approved program of study that meets both the
requirements under Perkins V for a program of study as well as Section 100.5(d)(6) of
Commissioner’s Regulations. Approved programs may be utilized to meet the 4+1 CTE
graduation pathway.
Perkins Act: The primary Federal source of CTE funding to support CTE instruction and field
support. The act was reauthorized for the fifth time in 2018 as the Strengthening Career and
Technical Education for the 21st Century Act (Perkins V)
School-Based Enterprise: A school-based business enterprise exists within a school to
provide services for students, staff, and/or customers from the community. No additional
credit is awarded for participation in this experience; the credit exists within the related course.
Supervised Clinical Experience: Supervised clinical experience involves students
performing health care services in a work setting after having instruction and practice in a
supervised skills laboratory. The services must be performed under the supervision of an
instructor who holds the appropriate NYS license/certification in the health care discipline for
which the students are being prepared.
Training Plan: A document developed by the work-based learning coordinator in conjunction
with the student and other appropriate school personnel that outlines the tasks, goals, and
objectives to be accomplished during a student’s work-based learning experiences.
Work-Based Learning: Sustained interactions with industry or community professionals in
real workplace settings, to the extent practicable, or simulated environments at an educational
institution that foster in-depth, first-hand engagement with the tasks required in a given career
field that are aligned to curriculum and instruction.
Work Experience Career Exploration Program (WECEP): A registered work-based
learning program open to students 14-15 years of age who are considered “at risk”. These
work experiences must be paid and must be registered with the NYSED Office of Career and
Technical Education and be re-registered every two years.
Early Learning (Prekindergarten)
Diagnostic Screening: A preliminary method of distinguishing from the general population
those students who may possibly be gifted, those students who may be suspected of having a
disability and/or those students who possibly are limited English proficient; as defined in 8
NYCRR 117.2(f).
Eligible Agencies: An eligible agency, as defined in 8 NYCRR 151-1.2(b), are providers of
child care and early education, a day care provider, early childhood program or center or
community-based organization including, but not limited to, approved preschool special
education program, Head Start, nursery schools, libraries and museums which meet the
minimum standards and requirements.
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Statewide Universal Full-Day Prekindergarten: Programs for three- and four-year-old
students that incentivize and fund state-of-the-art innovative prekindergarten programs to
encourage program creativity.
Universal Prekindergarten: Programs that provide three- and four-year-old children with
universal opportunity to access Prekindergarten programs as set forth in 8 NYCRR 151-1.
Voluntary Registered of Nonpublic Nursery Schools and Kindergartens: Programs
for preschool children between the ages of three and five years as outlined in 8 NYCRR Part
125.
Health and Safety
Aerosol Generating Procedures: Procedures performed on patients which are more likely
to generate higher concentrations of infectious respiratory aerosols than coughing, sneezing,
talking, or breathing.
Cleaning: The removal of germs, dirt, and impurities from surfaces. Cleaning does not kill
germs, but by removing them, it lowers their numbers and the risk of spreading infection.
Cloth Face Covering: Masks made from fabric, preferably tightly woven cotton. Cloth masks
should include multiple layers of fabric.
Disinfection: A process using chemicals to kill germs on surfaces. This process does not
necessarily clean dirty surfaces or remove germs, but by killing germs on a surface after
cleaning, it can further lower the risk of spreading infection.
Fit Testing: A process in which all people who are required to wear negative-pressure
respirators are examined and interviewed to determine which mask best conforms to their
facial features; a rigorous protocol in which the tester challenges the face-to-facepiece seal
with a chemical agent.
Hand Hygiene: Hand washing with soap and water or alcohol-based hand sanitizer
Metered Dose Inhaler (MDI): A device that sprays a pre-set amount of aerosolized medicine
through the mouth to the airways.
*N95 mask: A type of respirator, an N95 mask offers more protection than a surgical mask
does because it can filter out both large and small particles when the wearer inhales. As the
name indicates, the mask is designed to block 95% of very small particles.
Nebulizer: An air compressor machine when used with a nebulizer cup, tubing, and
mouthpiece or face mask delivers aerosolized medicine to the airways in a fine, steady mist.
Peak Flow Meter: An asthma management device used to measure a person’s ability to push
air out of the lungs.
Personal Protective Equipment (PPE): Wearable equipment that is designed to protect
from exposure to or contact with infectious agents. PPE that is appropriate for various types of
patient interactions and effectively covers personal clothing and skin likely to be soiled with
blood, saliva, or other potentially infectious materials (OPIM) should be available. These
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include gloves, face masks, protective eye wear, face shields, and protective clothing (e.g.,
reusable or disposable gown, jacket, laboratory coat).
Respiratory Hygiene: Cough etiquette infection prevention measures designed to limit the
transmission of respiratory pathogens spread by droplet or airborne routes. Apply to anyone
with signs of illness including cough, congestion, runny nose, or increased production of
respiratory secretions.
Spacer: A device that attaches to the mouthpiece of a quick-relief inhaler to create space
between the mouth and the MDI. The space created helps the medicine break into smaller
droplets allowing the asthma medication to move easier and deeper into the lungs of the
student when he/she breathes in the quick-relief or controller medicine formulated in an MDI.
Standard Precautions: A group of infection prevention practices that apply to all patients
and residents, regardless of suspected or confirmed infection status, in any setting in which
healthcare is delivered and include: hand hygiene; use of gloves, gown, mask, eye protection,
or face shield, depending on the anticipated exposure; respiratory hygiene/cough etiquette,
safe injection practices, and use of masks. Standard Precautions combine the major features of
Universal Precautions and Body Substance Isolation and are based on the principle that all
blood, body fluids, secretions, excretions except sweat, non-intact skin, and mucous
membranes may contain transmissible infectious agents.
Surgical Mask: Also called a medical mask, a surgical mask is a loose-fitting disposable mask
that protects the wearer’s nose and mouth from contact with droplets, splashes and sprays
that may contain germs. A surgical mask also filters out large particles in the air.
Transmission Precautions: When Standard Precautions alone cannot prevent
transmission, they are supplemented with Transmission-Based Precautions. This second tier of
infection prevention is used when patients have diseases that can spread through contact,
droplet or airborne routes (e.g., skin contact, sneezing, coughing) and are always used in
addition to Standard Precautions.
Valved Holding Chamber: A type of spacer that has a one-way valve at the mouthpiece. A
VHC also traps and holds the medicine giving more time for the student to take a slow, deep
breath reducing the amount that settles in the mouth and throat.
*Some N95 masks, and even some cloth masks, have one-way valves that make them
easier to breathe through. But because the valve releases unfiltered air when the
wearer breathes out, this type of mask doesn’t prevent the wearer from spreading the
virus.
Social Emotional Learning
Adverse Childhood Experiences (ACEs): Potentially traumatic events that occur in
childhood (0-17 years).18
Multi-Tiered Systems of Support (MTSS): An evidence-based approach to
comprehensive program delivery that addresses academic and behavioral challenges including
proactive activities for all students (universal interventions), targeted activities for students
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identified at-risk (secondary interventions) and intensive activities for students identified at
high risk (tertiary interventions).
Pupil Personnel Services (PPS): Staff which includes school counselors, school social
workers, school psychologists, mental health counselors and school nurses.
Restorative Practices: Processes and approaches designed to build community and
meaningful relationships, develop shared values, help students better understand their
behavior, how it impacts themselves and others, and ultimately to use that self- and social
awareness to repair damage caused to relationships as a result of inappropriate behavior.
Social Emotional Learning (SEL): The Collaborative for Academic, Social, and Emotional
Learning (CASEL) defines SEL as, “the process through which children and adults understand
and manage emotions, set and achieve positive goals, feel and show empathy for others,
establish and maintain positive relationships, and make responsible decisions.”19
18 Centers for Disease Control, (2020) Preventing Adverse Childhood
Experiences 19 Collaborative for Academic, Social, and Emotional
Learning. (2020) What is SEL?
Restorative Practices: Processes and approaches designed to build community and
meaningful relationships, develop shared values, help students better understand their
behavior, how it impacts themselves and others, and ultimately to use that self- and social
awareness to repair damage caused to relationships as a result of inappropriate behavior.
Trauma-Responsive Practices: Practices that help shift negative reactions to
inappropriate student behavior to thoughtful responses that consider the root causes of
behavior and help to support individual student needs to address those causes.
Special Education
Annual Review: An evaluation, conducted at least annually by the committee on preschool
special education (CPSE)/committee on special education (CSE), of the status of each student
with a disability and each student thought to have a disability who resides within the school
district for the purpose of recommending the continuation, modification or termination of the
provision of special education programs and services for the student to the board of education.
Assistive Technology Devices: Any item, piece of equipment, or product system, whether
acquired commercially off the shelf, modified, or customized, that is used to increase, maintain,
or improve the functional capabilities of a student with a disability. Such term does not include
a medical device that is surgically implanted or the replacement of a surgically implanted
device.
Assistive Technology Service: Any service that directly assists a student with a disability
in the selection, acquisition, or use of an assistive technology device.
Child Find: A process which requires all school districts to identify, locate and evaluate all
students with disabilities, including students with disabilities who are homeless or wards of the
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State, regardless of the severity of their disability and who are in need of special education and
related services.
Committee on Preschool Education (CPSE)/Committee on Special Education
(CSE): A multidisciplinary team established in accordance with the provisions of Education
Law that determines a student’s special education needs and services. The CPSE is responsible
for children with disabilities ages 3-5. The CSE is responsible for children with disabilities ages
5-21.
Compensatory Services: Services provided to students with disabilities to remedy the
school district’s failure to provide a student with a disability with “appropriate services” during
the time the student was entitled to FAPE and was denied appropriate services.
Free Appropriate Public Education (FAPE): Special education programs and related
services that are provided at public expense, under public supervision and direction, and
without charge to the parent, and are provided in conformity with an individualized education
program.
Individualized Education Program (IEP): A written statement for a student with a
disability that is developed, reviewed and revised by a CSE, Subcommittee on Special Education
or CPSE to meet the unique educational needs of a student with a disability.
Individuals with Disabilities Education Act (IDEA): The IDEA is a federal law that
provides students with disabilities the right to receive a free appropriate public education in
the least restrictive environment from age 3 through the end of the school year in which the
student turns 21 years or graduates with a high school diploma.
Initial Evaluation: Any procedures, tests or assessments used selectively with an individual
student, including a physical examination, an individual psychological evaluation, except where
a school psychologist has determined that a psychological evaluation is unnecessary to
evaluate a student of school age, a social history and other appropriate assessments or
evaluations as may be necessary to determine whether a student has a disability and the extent
of his/her special education needs, but does not include basic tests administered to, or
procedures used with, all students in a school grade or class.
Least Restrictive Environment (LRE): Placement of students with disabilities in special
classes, separate schools or other removal from the regular educational environment occurs
only when the nature or severity of the disability is such that, even with the use of
supplementary aids and services, education cannot be satisfactorily achieved.
Reevaluation: The evaluation procedures that are conducted at least once every three years,
except where the school district and the parent agree in writing that such reevaluation is
unnecessary to review the student’s need for special education programs and services and to
revise the IEP, as appropriate. A reevaluation may also occur when conditions warrant or when
requested by a parent or teacher.
Special class: A class consisting of students with disabilities who have been grouped
together because of similar individual needs for the purpose of being provided specially
designed instruction.
Supplementary Aids and Services and/or Program Modifications: Aids, services and
other supports that are provided in general education classes or other education-related
settings to enable students with disabilities to be educated with nondisabled students to the
maximum extent appropriate in the least restrictive environment.
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Telepractice: Although not specifically defined in Part 200 of the Regulations of the
Commissioner of Education, the NYSED Office of the Professions defines telepractice as the
provision of professional service over geographical distances by means of modern
telecommunications technology. This methodology engages audio and/or video technology to
connect providers with students, parents or other caregivers in ways that support the student’s
learning and development.
Teaching and Learning:
Academic Intervention Services: Additional instruction which supplements the instruction
provided in the general curriculum and assists students in meeting the State learning standards;
services may include guidance, counseling, attendance, and study skills which are needed to
support improved academic performance.
Device: A computing device, such as a laptop, desktop, Chromebook, iPad, or full-size tablet.
Phones and mini-tablets are not sufficient devices for learning purposes.
Equivalent : At least 180 minutes of instructional time for instruction delivered in a traditional
face to face model, or a comparable amount of time for instructional experiences, taken as a
whole when the student is engaged in standards-based learning under the guidance and
direction of an appropriately certified teacher, for instruction delivered in an online or blended
model.
Hybrid (blended) model: A combination of in person and remote learning.
In-person instruction: Instruction that takes place with students in attendance at the school
building.
Remote learning: Instruction that takes place outside of the school building while the
students are not in attendance at the school.
Unit of Credit: The mastery of the learning outcomes set forth in a New York State-developed
or locally developed syllabus for a given high school subject, after a student has had the
opportunity to complete a unit of study in the given subject matter area.
Unit of Study: means at least 180 minutes of instruction per week throughout the school
year, or the equivalent. Equivalent shall mean at least 180 minutes of instructional time for
instruction delivered in a traditional face to face model or through alternative instructional
experiences, including but not limited to through digital technology or blended learning, that
represents standards-based learning under the guidance and direction of an appropriately
certified teacher. Instructional experiences shall include, but not be limited to: meaningful
and frequent interaction with an appropriately certified teacher; academic and other supports
designed to meet the needs of the individual student and instructional content that reflects
consistent academic expectations as in-person instruction. Any alternative instructional
experience must include meaningful feedback on student assignments and methods of
tracking student engagement.
All the Time access is a reference to the National Educational Technology Plan, which states
the expectation that technology-enabled learning should be available for all students,
everywhere, all the time (NETP 2017).
Sufficient access to the internet means that the student or teacher does not regularly
experience issues (slowdowns, buffering, disconnections, unreliable connection, etc.) while
participating in required or assigned instruction and learning activities.
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The Board of Regents and the State Education Department would like to
extend our sincerest gratitude to all of the participants of the Regional
Task Force meetings and the Youth Forum for their valuable
contributions that informed this guidance. The Department will release
a separate document that will include participant comments
that helped guide the work.
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APPENDIX B – NYS DEPARTMENT OF HEALTH INTERIM COVID-19
GUIDANCE FOR SCHOOLS
INTERIM GUIDANCE FOR IN-PERSON INSTRUCTION AT PRE-K TO GRADE 12
SCHOOLS DURING THE COVID-19 PUBLIC HEALTH EMERGENCY
When you have read this document, you can affirm at the bottom.
As of June 7, 2021
Purpose
This Interim Guidance for In-Person Instruction at Pre-K to Grade 12 Schools during the COVID-
19 Public Health Emergency (“Interim COVID-19 Guidance for Schools”) was originally created
in August 2020 to provide all elementary (including pre-kindergarten), middle, and high schools,
as well as their employees, contractors, students, and parents/legal guardians of students with
precautions to help protect against the spread of COVID-19 for schools that are authorized to
provide in-person instruction in the 2020-2021 school year. This June 2021 update is intended
to align this guidance with the most recent recommendations from the Centers from Disease
Control and Prevention (CDC) on how to prioritize safe in-person learning in schools while
adhering to layered mitigation strategies.
This guidance is intended to address all types of public and private (both secular and non-
secular) elementary (including pre-kindergarten), middle, and high schools. Each school/district
must meet the minimum standards set forth in this guidance and reflect engagement with
school stakeholders and community members, including but not limited to administrators,
faculty, staff, students, parents/legal guardians of students, local health departments, local
health care providers, and, where appropriate, affiliated organizations (e.g., union, alumni,
and/or community-based groups). Specifically, each school district, BOCES, charter school, and
private school must develop, in conjunction with opportunities for local community feedback
from parents, community members, teachers, staff, and local health departments, and post
online a plan that, at minimum, covers:
(1) Reopening of school facilities for in-person instruction,
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(2) Monitoring of health conditions,
(3) Containment of potential transmission of the 2019 novel coronavirus (COVID-19), and
(4) Closure of school facilities and in-person instruction, if necessitated by widespread virus
transmission.
Responsible Parties must work with these same stakeholders to make decisions regarding the
updating of plans. The NYS Department of Health does not review or approve revisions to
school reopening plans, which have been previously approved. Modified plans must be
posted online, shared with Local Health Departments and the State Education Department.
Local Health Departments are the entity charged with ensuring the enforcement of these
minimum standards.
Core Health and Safety Principles and Definitions
• Responsible Parties: Responsible Parties shall be responsible for developing the plan, and
meeting the standards set forth herein. For school districts and BOCES, the district
superintendent, or another party as may be designated by the district superintendent, and
for private and charter schools, the head of school, or another party may be designated by
the head of school, is the Responsible Parties. The designated party can be an individual or
group of individuals responsible for the operations of the school or schools.
• Face Masks: Responsible Parties must maintain protocols and procedures for students,
faculty, staff, and other individuals to ensure appropriate personal protective equipment
(PPE) is used to protect against the transmission of the COVID-19 virus when in indoor
school facilities. Specifically, appropriate PPE means, at least, an acceptable mask, which is
required to be worn by all individuals in all classroom and non-classroom settings, including
but not limited to hallways, school offices, restrooms, gyms, auditoriums, etc. All visitors
must wear masks. Masks should have at least two layers of material (e.g. 2-ply). However,
Responsible Parties should allow students to remove their mask during meals. Acceptable
masks include but are not limited to cloth-based masks (e.g., homemade sewn, quick cut,),
and surgical masks that cover both the mouth and nose. Effective June 7, 2021, face masks
are not required to be worn outdoors on school grounds, including during outdoor school
sports. However, Responsible Parties may choose to require face masks outdoors on school
grounds, subject to the parameters of this guidance. No student, teacher, staff member, or
visitor may be prevented from wearing an acceptable face mask voluntarily on school
grounds.
• Physical Distancing: Responsible Parties must maintain protocols and procedures for
students, faculty, and staff to ensure appropriate physical distancing to protect against the
transmission of the COVID-19 virus when on school grounds and in school facilities.
• Spaces: To reduce density, Responsible Parties should consider and assess additional and/or
alternate indoor space(s) that may be repurposed for instruction or other required
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purposes in support of in-person instruction within the school facility, school grounds,
municipal facilities, municipal grounds, or community (e.g., community centers), as well as
outdoor space(s) where health and safety conditions (e.g., allergies, asthma) allow for such
potential usage.
• In-Person Instruction: To ensure equity in education, Responsible Parties should prioritize
efforts to return all students to in-person instruction. However, based on the dynamic
nature of local community transmission of the COVID-19 virus, a phased-in approach or
hybrid model combining in person instruction and remote/distance learning in cohorts may
be necessary at various times through the 2020-2021 school year. In planning for these
approaches and models, school plans should indicate if certain students will be prioritized
to return to in-person instruction first or more frequently based on educational or other
needs (e.g., early grades, students with disabilities, English language learners), given
requirements for equity, capacity, physical distancing, PPE, feasibility, and learning
considerations. Responsible Parties should consider prioritizing in-person instruction for
students with disabilities who require special education and related services directly
provided in school environments, as well as student populations that are at greater risk for
learning loss.
• Cohorts: Responsible Parties should “cohort” students, to the extent practicable, to limit
potential exposure to the COVID-19 virus. Cohorts, particularly for younger students, are
self-contained, preassigned groups of students with reasonable group size limits set forth by
the Responsible Parties in their plans. Responsible Parties should enact measures to
prevent intermingling between cohorts, to the extent possible (e.g., separation by
appropriate physical distancing, particularly if there are multiple cohorts in one area).
Responsible Parties should make reasonable efforts to ensure that cohorts are fixed –
meaning contain the same students – for the duration of the COVID-19 public health
emergency. Faculty may instruct more than one cohort so long as appropriate physical
distancing is maintained. At some levels of community transmission, cohorting is
recommended if a school is using less than six feet of physical distance in classrooms. Please
refer to Table 2 in the CDC guidance for more detail.
• Screening: Responsible Parties must implement mandatory health screenings, including
temperature checks, of students, faculty, staff, and, where applicable, contractors, vendors,
and visitors to identify any individuals who may have COVID-19 or who may have been
exposed to the COVID-19 virus. Specifically, all individuals must have their temperature
checked each day. If an individual presents a temperature of greater than 100.0°F, the
individual must be denied entry into the facility or sent
directly to a dedicated area prior to being picked up or otherwise sent home. Responsible
Parties must also use a daily screening questionnaire for faculty and staff reporting to
school; and periodically use a questionnaire for students, particularly younger students,
who may require the assistance of their parent/legal guardian to answer. Remote health
screening (e.g., by electronic survey, digital application, or telephone, which may involve
the parent/legal guardian) before any individual reports to school, is strongly advised.
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• Transportation: Consistent with State-issued public transit guidance, Responsible Parties
must develop protocols and procedures, which include that individuals must wear
acceptable masks at all times on school buses (e.g., entering, exiting, and seated), and that
individuals should maintain appropriate physical distancing, unless they are members of the
same household. Responsible Parties should encourage parents/legal guardians to drop off
or walk students to school to reduce density on buses.
• Food Services: Responsible Parties must continue to provide school breakfast and/or lunch
to students who were previously receiving school meals, both on site and remote. For
students on site, Responsible Parties must provide meals while maintaining appropriate
physical distancing between students. Students do not need to wear masks when seated
and eating so long as they are appropriately physically distanced. Responsible Parties may
serve meals in alternate areas (e.g., classrooms) or staggered meal periods to ensure
physical distancing and proper cleaning and disinfection between students.
• Ventilation and Filtration: Indoor air quality should be improved by increasing outdoor air
delivery to the building (ventilation) and removing particulates/viral particles from the air
(air filtration) to the greatest extent possible. Ventilation and filtration together can reduce
the risk of COVID-19 transmission.
• Hygiene, Cleaning, and Disinfection: Responsible Parties must adhere to and promote
hygiene, cleaning, and disinfection guidance set forth by DOH and the CDC. Responsible
Parties must train all students, faculty, and staff on proper hand and respiratory hygiene.
Responsible Parties must maintain logs that include the date, time, and scope of cleaning
and disinfection, as well as identify cleaning and disinfection frequency for each facility and
area type and assign responsibility to staff.
• Contact Tracing: Responsible Parties must notify the state and local health department
immediately upon being informed of any positive COVID-19 diagnostic test result by an
individual within school facilities or on school grounds, including students, faculty, staff, and
visitors. In the case of an individual testing positive, Responsible Parties must develop and
maintain plans to support local health departments in tracing all contacts of the individual,
in accordance with the protocols, training, and tools provided through the New York State
Contact Tracing Program. Confidentiality must be maintained as required by federal and
state law and regulations. Responsible Parties must cooperate with all state and local health
department contact tracing, isolation, and quarantine efforts. Consistent with Executive
Order 202.61, Responsible Parties must continue to make reports to the New York State
Department of Health COVID-19 School Report Card Dashboard every day that school is in
session, regardless of whether any new tests have been reported or whether the school was
completely remote on that day.
• Return to School: Responsible Parties must establish protocols and procedures, in
consultation with the local health department(s), about the requirements for determining
when individuals, particularly students, who screened positive for COVID-19 symptoms can
return to the in-person learning environment at school.
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Plan Requirements
Reopening of in-person instruction includes protocols and procedures for restarting school
operations including students, faculty, and staff returning to in-person instruction. At a
minimum, plans must incorporate the following:
• Capacity: Phasing and quantity of students, faculty, and staff allowed to return in-person,
considering factors such as ability to maintain appropriate physical distance, personal
protective equipment (PPE) availability, local medical capacity, and availability of safe
transportation;
• Physical Distancing: Protocols and procedures for students, faculty, and staff to ensure
appropriate physical distancing when on school grounds and in school facilities;
• PPE and Masks: Protocols and procedures for students, faculty, staff, and other individuals
to ensure appropriate PPE is used to protect against the transmission of the COVID-19 virus
when in indoor school facilities. Plans for all students, faculty, and staff to have the required
PPE (i.e., acceptable masks) before entering indoor school facilities or other indoor spaces
owned or administered by the school or school district (e.g., school buses);
• Operational Activity: Determinations on how classes, shared spaces, and activities may be
adapted in various phases of learning and operations (e.g., identify which, if any, students
will be offered alternate approaches, such as alternative schedules or hybrids of in-person
and remote learning; how additional and alternative – school and non-school – spaces can
be used for, or in support of, inperson instruction; how such schedules could be
administered to create overlap for students from the same household; how shared spaces,
such as cafeterias, libraries, and gymnasiums, will be modified and used, if and how cohorts
will be implemented). Policies regarding field trips, and visitors considering risks for COVID-
19 transmission, as well as protocols and procedures for physical distancing, PPE usage, and
cleaning and disinfection, which may include conducting virtual events, should be
developed;
• Restart Operations: Plans to safely reopen facilities and grounds, such as cleaning and
disinfection, and restarting building ventilation, water systems, and other key facility
components, as applicable;
• Hygiene, Cleaning, and Disinfection: Protocols and procedures for school-wide cleaning and
disinfection of classrooms, restrooms, cafeterias, libraries, school buses, and all other
school facilities, as well as training and promotion of hand and respiratory hygiene among
all individuals in school facilities and on school grounds;
• Extracurriculars: Policies regarding extracurricular programs and which activities will be
allowed, considering physical distancing, PPE usage, and cleaning and disinfection, as well
as risk of COVID-19 transmission. Policies should consider how to maintain cohorts, if
applicable, or members of the same household. Responsible Parties must refer to DOH’s
“Interim Guidance for Sports and Recreation During the COVID-19 Public Health
Emergency” (March 25, 2021) to assist in development of these policies and the conduct of
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school-sponsored sports. Effective June 7, 2021, face masks are not required to be worn
outdoors on school grounds, including during outdoor school sports. If school is closed for
in-person education during the school year due to an increase in confirmed COVID-19 cases,
school-sponsored sports must be suspended until in-person education is resumed;
• Before and Aftercare: Policies regarding before and aftercare programs, considering
physical distancing, PPE usage, and cleaning and disinfection requirements, as well as risk of
COVID-19
transmission. Policies should consider how to maintain cohorts, if applicable, or group
members of the same household;
• Vulnerable Populations: Policies regarding vulnerable populations, including students,
faculty and staff who are at increased risk for severe COVID-19 illness, and individuals who
may not feel comfortable returning to an in-person educational environment, to allow them
to safely participate in educational activities and, where appropriate, accommodate their
specific circumstances. These accommodations may include but are not limited to remote
learning or telework, modified educational or work settings, or providing additional PPE to
individuals with underlying health conditions. Responsible Parties must also identify and
describe any modifications to physical distancing or PPE that may be necessary for certain
student or staff populations, including individuals who have hearing impairment or loss,
students receiving language services, and young students in
early education programs, ensuring that any modifications minimize COVID-19 exposure
risk for students, faculty, and staff, to the greatest extent possible;
• Transportation: Consistent with State-issued public transit guidance, protocols and
procedures, which include that individuals must wear acceptable masks at all times on
school buses (e.g., entering, exiting, and seated), and that individuals should maintain
appropriate physical distancing, unless they are members of the same household.
Responsible parties should maximize the distance between students on school buses (for
example, seat children one child per row and skip rows), when possible. When safe,
ventilation can be improved by opening windows. Responsible Parties should encourage
parents/legal guardians to drop off or walk students to school to reduce density on buses.
School districts should also consider engaging more buses to keep density low while
supporting families who cannot bring students to school themselves. Protocols and
procedures should include how school buses will be adapted to keep students and staff safe
(e.g., how masks will be provided to students in need, how members of the same household
will be seated together, how physical distancing will be conducted on buses, whether bus
schedules will be adapted to accommodate reduced capacity, whether any health screening
will be conducted at home before students board buses, how parents/legal guardians will
be encouraged to drop off or walk students to reduce density on buses);
• Food Services: Protocols and procedures for onsite and remote food services for students,
considering appropriate physical distancing and any modifications to service that may be
necessary (e.g., providing meals in a combination of classrooms and cafeterias, staggering
meal periods).
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Measures to protect students with food allergies if providing meals in spaces outside the
cafeteria. Protocols and procedures must also include how students will perform hand
hygiene before and after eating, how appropriate hand hygiene will be promoted, and how
sharing of food and beverages will be discouraged. Additionally, protocols and procedures
must account for cleaning and disinfection prior to the next group of students arriving for
meals, if served in the same common area (e.g., cafeteria);
• Mental Health, Behavioral, and Emotional Support Services and Programs: Available
resources and referrals to address mental health, behavioral, and emotional needs of
students, faculty, and staff when school reopens for in-person instruction (e.g., how they
will identify and support students having difficulty with transitioning back into the school
setting, especially given the changed school environment). Any training for faculty and staff
on how to talk with, and support, students during and after the ongoing COVID-19 public
health emergency, as well as information on developing coping and resilience skills for
students, faculty, and staff; and
• Communication: Communications plans for students, parents/legal guardians of students,
faculty, staff and visitors that includes applicable instructions, training, signage, and a
consistent means to provide individuals with information. Plans should describe how
schools will communicate with students and families about preparing for the upcoming
year, which should include adapting to physical distancing requirements, properly wearing
masks, and proper hand and respiratory hygiene.
Consider developing webpages, text and email groups, and social media to disseminate
information. Schools should develop communication plans in multiple languages, as
necessary.
Monitoring includes protocols and procedures to track health conditions at schools. At a
minimum, plans must incorporate the following:
• Screening: Protocols and procedures for mandatory health screenings, including
temperature checks, of students, faculty, staff, and, where applicable, contractors, vendors,
and visitors to identify any individuals who may have COVID-19 or who may have been
exposed to the COVID-19 virus. Responsible Parties should consider limiting the number of
visitors permitted on school grounds or in school facilities, and, if visitors are allowed,
screening of such visitors;
• Testing Protocols: Process for the provision or referral of diagnostic testing for students,
faculty, and staff for COVID-19, in consultation with local health department officials, when
needed, which should include plans for testing of unvaccinated symptomatic individuals,
close contacts of COVID-19 suspected or confirmed individuals, and individuals with recent
international travel as designated through the New York State Travel Advisory, before
allowing such individuals to return to in-person to the school;
• Testing Responsibility: Identification of who in the community is responsible for referring,
sourcing, and administering testing (e.g., local health department testing site, physician
offices, hospital system);
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Containment includes protocols and procedures for how to respond to positive or presumed-
positive cases, as well as preventative practices. At a minimum, plans must incorporate the
following:
• School Health Offices: Protocols for safely caring for a student, faculty, or staff member if
they develop symptoms of COVID-19 during the school day in accordance with the Interim
Guidance for School-Based Health Centers Regarding COVID-19 and the New York State
Department of Health SchoolBased Health Center Dental Program Reopening Addendum;
• Isolation: Procedures to isolate individuals who screen positive upon arrival, or
symptomatic individuals should they become symptomatic while at school, providing
appropriate PPE for school health office staff caring for the symptomatic individual.
Protocols for safe transportation, including pick-up arrangements, if applicable, for
symptomatic students, faculty, and staff;
• Collection: Protocols for how parents or legal guardians should pick up their student with
instructions that the student must be seen by a health care provider;
• Infected Individuals: Requirements that persons who have tested positive complete
isolation and have recovered and will not transmit COVID-19 when returning to in-person
learning. Discharge from isolation and return to school will be conducted in coordination
with the local health department.
• Exposed Individuals: Requirements that individuals who were exposed to the COVID-19
virus complete quarantine and have not developed symptoms before returning to in-person
learning (exceptions for vaccinated individuals and those with prior COVID-19 infection
detailed below). Discharge from quarantine and return to school will be conducted in
coordination with the local health department.
• Vaccination: In New York State, P-12 Teachers and staff have been eligible to receive the
COVID19 vaccine since January 11, 2021. Asymptomatic fully vaccinated individuals do not
need to quarantine if exposed to COVID-19.
• Previous COVID-19 infection: Asymptomatic individuals who have recovered from
laboratory confirmed COVID-19 infection during the previous 3 months do not need to
quarantine if exposed to COVID-19.
• Hygiene, Cleaning, and Disinfection: Adherence to, and promotion of, hygiene, cleaning,
and disinfection guidance set forth by DOH and CDC, including strategies for cleaning and
disinfection of exposed areas and appropriate notification to occupants of such areas;
• Contact Tracing: Plans to support local health departments in contact tracing efforts using
the protocols, training, and tools provided through the New York State Contact Tracing
Program
• Communication: Plans to share protocols and safety measures taken by the school with all
relevant parties including parents/legal guardians, faculty, staff, students, and the local
community.
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• Closure includes contingency plans, protocols, and procedures for decreasing the scale or
scope of in-person education, and/or closing the school. At a minimum, plans must
incorporate the following:
• Operational Activity: Determination of which operations will be decreased, or ceased and
which operations will be conducted remotely; include process to conduct orderly closures
which may include phasing, milestones, and involvement of key personnel; and
• Communication: Plan to communicate internally and externally throughout the closure
process.
State-Issued Guidance and Minimum Standards
Pre-K through Grade 12 schools involve a variety of activities depending on their specific
educational and extracurricular programs and services, and, as such, should reference relevant
“industry-specific” guidelines provided by DOH – and available on the New York Forward
website – for operations of food services, office workspaces, transportation, and other
activities, as applicable. Specifically, operations of cafeterias and other food services must
operate in accordance with “Interim Guidance for Food Services During the COVID-19 Public
Health Emergency (March 19, 2021)” with additional precautions for students that are
contained herein, such as physical distancing between students or cohorts of students.
Administrative functions must operate in accordance with, “Interim Guidance for Office-Based
Work during the COVID-19 Public Health Emergency.” Transportation services administered by
the school must operate in accordance with “Interim Guidance for Public Transportation
Activities during the COVID-19 Public Health Emergency” with additional precautions that are
contained herein. Interscholastic athletics must follow DOH’s “Interim Guidance for Sports and
Recreation During the COVID-19 Public Health Emergency” (March 25, 2021) ” for the conduct
of school-sponsored sports. If school is closed for inperson education during the school year
due to an increase in confirmed COVID-19 cases, schoolsponsored sports must be suspended
until in-person education is resumed. Further, Responsible Parties hosting competitive play
must follow the Department’s guidance for such activity and, where required, implementing
and enforcing rules for appropriate physical distancing, masks, and cleaning and disinfection, as
such guidance is updated from time to time.
Standards for Responsible School Activities in New York State
No school activities can operate without meeting the following minimum State guidance, as
well as applicable federal requirements, including but not limited to such minimum standards
of the Americans with Disabilities Act (ADA), CDC, Environmental Protection Agency (EPA), and
OSHA. The State standards apply to all school activities in operation during the COVID-19 public
health emergency until rescinded or amended by the State.
The following guidance is provided to help schools develop their reopening plans and is
organized around three distinct categories: people, places, and processes.
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I. PEOPLE
A. Physical Distancing and Masks
Physical Distancing
• Responsible Parties must ensure that appropriate physical distancing is maintained
between individuals while in school facilities and on school grounds, inclusive of students,
faculty, and staff, unless safety or the core activity (e.g., instruction, moving equipment,
using an elevator, traveling in common areas) requires a shorter distance or individuals are
of the same household.
• Responsible Parties may reduce physical distancing requirements to a minimum of three
feet between students in classroom settings, subject to adherence to certain mitigation
measures herein.
Due to evidence that transmission risk ranges by the age of the student, the CDC recommends
that physical distancing requirements differ by grade level and community transmission risk.
Evidence indicates that there is lower susceptibility and incidence of COVID-19 among younger
children than compared to teenagers; therefore, in-person instruction represents less risk of
on-site transmission in elementary schools compared to middle and high schools. At some
levels of community transmission, cohorting is recommended if a school is using less than six
feet of physical distance in classrooms. The Department recognizes that certain scenarios may
prevent physical distancing from occurring, such as providing essential classroom instruction,
medical care, or student comfort/support. Responsible Parties must minimize this contact to
the greatest extent possible and continue to ensure appropriate prevention measures—such as
cleaning/disinfection, masking, hand hygiene, and respiratory etiquette—are maintained during
these temporary episodes. Please refer to the Interim Guidance for School-Based Health
Centers Regarding COVID-19 for further information.
o CDC has developed four levels of indicators and threshold for community
transmission of COVID-19. Please refer to Table 1 in the CDC guidance to see the
measures. CDC also provides recommendations for physical distancing and
cohorting for elementary, middle, and high schools at each level of transmission.
These recommendations are summarized below and are required to be adhered to
by any responsible parties when implementing physical distancing of less than six
feet in classrooms. Please refer to Table 2 in the CDC guidance for more detail.
o In counties with low and moderate risk of transmission, elementary, middle, and
high schools can maintain physical distancing of at least three feet between
students in classrooms. o In counties with substantial risk of transmission,
elementary, middle, and high schools can maintain physical distancing of at least
three feet between students in classrooms and cohorting is recommended when
possible.
o In counties with high risk of transmission, elementary schools can maintain physical
distancing of at least three feet between students in classrooms and cohorting is
recommended when possible. However, in middle and high schools three feet
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between students in classrooms is recommended only when schools can use
cohorting. When schools cannot maintain cohorting, middle and high schools must
maintain physical distancing of at least six feet between students in classrooms.
o The CDC no longer recommends physical barriers for mitigation where physical
distancing cannot be maintained. A preferred approach is enhanced ventilation and
air filtration to dilute and remove any SARS-Cov-2 particles from the air as described
below and in the CDC school guidance.
o Exceptions Where A Minimum of Six Feet of Distance Must be Maintained
▪ Six feet is always the required distancing between adults (teachers, staff,
visitors) and between students and adults.
▪ Six feet of distance is required when eating meals or snacks, or drinking, or
other times masks must be removed when indoors. This may mean that
meals cannot be eaten in classrooms that have been converted to three feet
of physical distance during instruction time.
▪ Individuals participating in activities that require projecting the voice (e.g.,
singing) or playing a wind instrument must be six feet apart and there must
be six feet of distance between the performers and the audience during
performances and concerts.
▪ Six feet of physical distance must be maintained in common areas and
outside of classrooms (e.g. lobbies, auditoriums, gymnasiums, cafeterias, and
hallways), where possible.
▪ For guidance on sports, please refer to the Interim Guidance for Sports and
Recreation During the COVID-19 Public Health Emergency (March 25, 2021)
Responsible Parties should ensure that a distance of six feet in all directions is maintained
between individuals while participating in activities requires projecting the voice (e.g., singing),
playing a wind instrument, or aerobic activity resulting in heavy breathing (e.g., participating in
gym classes).
▪ When directed by the Local or State Health Department.
o Prior to making any change to reduce physical distancing to less than six feet
between students during academic instruction, decisions must be made with
community input. Responsible Parties must include opportunities for feedback
from parents, community members, teachers, staff, and local departments of
health. This meeting must be held before any change to the physical distancing in
schools can be made.
o Responsible parties must post the new plan online and must be sent to Local Health
Departments and the State Education Department.
o Responsible Parties are required to work with the school community (parents,
teachers, staff, LHDs, etc.) to propose and adopt changes. Ultimately, the
school/district’s decision to move to shorter physical distances will come down to
a local community’s risk tolerance based on its unique circumstances.
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Masks
• Face masks are required at all times in indoor school facilities, except for meals.
o Responsible Parties will need to consider and address developmental
appropriateness, feasibility, and ability to implement such policy in a safe,
consistent manner.
• Students who are unable to medically tolerate a mask, including students where such mask
would impair their physical health or mental health are not subject to the required use of a
mask.
• Responsible Parties should offer assistance to students who may have difficulty in adapting
to wearing a mask.
• Responsible Parties must train all students, faculty, and staff on how to adequately put on,
take off, clean (as applicable), and discard PPE, including but not limited to, appropriate
masks. This training should be extended to contractors and vendors, if the Responsible
Parties will be supplying the contractors and vendors with PPE.
• Effective June 7, 2021, face masks are not required to be worn outdoors on school grounds,
including during outdoor school sports. However, Responsible Parties may choose to
require face masks outdoors on school grounds, subject to the parameters of this guidance.
No student, teacher, staff member, or visitor may be prevented from wearing an acceptable
face mask voluntarily on school grounds.
Space Configurations
• Responsible Parties are strongly encouraged to (1) modify or reconfigure spaces and areas,
and/or (2) restrict the use of classrooms and other places where students, faculty, and staff
gather (e.g., lockers, cubbies, entryways, hallways), so that individuals can be physically
distanced, and are not sharing workstations, desks, tables, or other shared surfaces without
cleaning and disinfection between use.
o If Responsible Parties are using a cohort model, cleaning and disinfection may be
performed in between each cohort’s use instead of individual’s use.
• Responsible parties should make best use of the space in the classroom by removing
unnecessary furniture and objects to help maximize the distance between students and for
better air flow. All desks should face the same direction and/or students should be seated
on the same side of tables.
• Where feasible, Responsible Parties should put in place measures to reduce bi-directional
foot traffic using tape or signs with arrows in hallways, or spaces throughout the school,
and post signage and distance markers denoting spaces of six feet in all commonly used
areas and any areas in which lines
are commonly formed or people may congregate (e.g., outdoor spaces, libraries, cafeterias,
health screening stations).
• Responsible Parties should determine which facilities, grounds, or portions thereof (e.g.,
libraries, recreational facilities) will be closed to the public (i.e., not students, faculty, or
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staff) or offer limited, specific hours to members of the general public. Any use of a school
facility or grounds by the general public must be subject to the same guidelines required
during all other school operations.
• Responsible parties should work to find additional or alternate space with community-
based organizations and other operators of alternative spaces (e.g., local governments) to
maximize capacity for in-person learning.
Schedules
Responsible Parties should consider staggered arrival and pick-up times to facilitate
proper physical distancing and assign lockers or other student storage areas by cohort or
eliminate their use. However, students should not carry an unreasonable number of books
or materials throughout the day.
Signage
Responsible Parties must post signs throughout the school and should regularly share
similar messages with the school community, consistent with DOH COVID-19 signage
regarding public health protections against COVID-19. Responsible Parties can develop their
own customized and ageappropriate signage specific to their school or educational setting,
provided that such signage is consistent with the Department’s signage. Signage should be
used to remind individuals to: o Stay home if they feel sick. o Cover their nose and mouth
with an acceptable mask. o Properly store and, when necessary, discard PPE. o Adhere to
physical distancing instructions. o Report symptoms of, or exposure to, COVID-19, and how
they should do so. o Follow hand hygiene, and cleaning and disinfection guidelines.
o Follow respiratory hygiene and cough etiquette.
Vaccination
- Responsible parties should discuss opportunities to maximize opportunities for
vaccination of all eligible school personnel and students, as eligible, with their Local Health
Department.
B. Gatherings
Meals
Responsible Parties must ensure physical distancing between individuals while eating in
school cafeteria. If not feasible, meals may be served in alternate areas (e.g., classrooms) or
in staggered meal periods to ensure physical distancing and proper cleaning and
disinfection between students.
o Responsible Parties must prohibit sharing of food and beverages (e.g., buffet style
meals, snacks), unless individuals are members of the same household. Adequate space
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should be reserved for students, faculty, and staff to observe physical distancing while
eating meals.
Faculty and Staff Meetings
Pursuant to their school reopening plan, Responsible Parties may consider choosing to
use video or teleconferencing for faculty and staff meetings and conferences to reduce the
density of
congregations, per CDC guidance “Interim Guidance for Businesses and Employers to Plan
and Respond to Coronavirus Disease 2019 (COVID-19)”. When videoconferencing or
teleconferencing is not preferable or possible, Responsible Parties may choose to hold
meetings in open, well-ventilated spaces and ensure that individuals maintain appropriate
physical distance (e.g., leave space between chairs, have individuals sit in alternating
chairs).
Ventilation and Filtration
• Indoor air quality can be improved by increasing outdoor air delivery to the building
(ventilation) and removing particulates/viral particles from the air (air filtration) to the
greatest extent possible. Ventilation and filtration together can reduce the risk of
COVID-19 transmission.
• Portable air cleaners may supplement other preventive measures to decrease the risk
of COVID-19 spread. These are designed to remove particles. However, they are limited
in the amount of air they filter per hour and so they may reduce, but may not
eliminate, particles, viruses, and/or microbes in the air. The selection, installation, and
maintenance of portable filtration devices should be made in consultation with an
indoor air quality professional. The use of portable filtration devices does not decrease
the need for mask wearing, physical distancing, sanitation practices, or adequate
ventilation.
• Portable air cleaners are particularly relevant for rooms without natural ventilation
(openable windows) and for higher risk environments (e.g., nurses’ station, isolation
rooms) but can be considered for any other areas where there is heightened concern.
• Recommendations for School Classrooms That Have Mechanical Ventilation o Evaluate
systems to ensure the mechanical ventilation system is working properly, code
compliant, and optimized according to these guidelines:
o Be sure diffusers, exhausts, and unit vents are not blocked or obstructed by cabinets,
books, or other materials.
o Communicate to staff the importance of not obstructing diffusers and vents or
attempting to modify the ventilation controls. For example, not adjusting the
thermostat or fans in their respective rooms.
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o Have a routine maintenance and inspection schedule and strictly adhere to it.
o Increase ventilation by increasing outdoor air and decreasing recirculated air as much as
possible.
o Run the HVAC system a minimum of one week prior to reopening.
o Suspend the use of demand control ventilation, systems that shut down the percentage
of fresh air under certain conditions automatically, unless doing so will degrade indoor
air quality.
o Keep systems running longer on school days, 24/7 if possible. o Keep bathroom exhaust
systems running 24/7. o Flush building air at least two hours prior to and one hour after
occupancy.
o Where increased mechanical ventilation is not possible, consider opening windows and
doors while also maintaining health and safety protocols (e.g., risk of falling, security
risk, increase asthma triggers).
o With increased cleaning activities, ensure that there is adequate ventilation when
cleaners and disinfectants are used to prevent students or staff from inhaling irritating
fumes.
o Filtration of centralized HVAC systems:
Check and replace existing unit air filters as per manufacturers’ instructions.
o Optimize filtration by upgrading to a filter with a minimal efficiency rating value (MERV)
of MERV 13, or the highest rating compatible with existing equipment.
• Recommendations for Classrooms That Do Not Have Mechanical Ventilation o Open
windows and doors to maximize fresh air flow through the classroom.
o Consider the use of window and box fans to cross ventilate rooms to exhaust stale room
air. Keep in mind any health, safety, and security concerns with open windows and
doors.
o If a room has a window air conditioner, the outdoor air setting, rather than the
recirculate setting, should be used (if the unit offers that option).
o For air filtration in areas lacking central HVAC, use a portable air cleaner o Portable air
cleaners are a supplement and cannot replace outdoor air ventilation and filtration. o
Only use one air cleaner per room.
o Only use these devices for single rooms with closed door and windows, as the devices
are not designed to filter larger volumes of air.
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o These devices are best considered where outdoor air ventilation is not adequate (e.g.,
open windows not possible, or in nurses/isolation areas).
o Be sure the device is sized appropriately with the correct clean air delivery rate (CADR).
o Use the CADR rating of the device for tobacco smoke when comparing air cleaners, as
this rating corresponds most closely with airborne viral particle sizes of concern.
o Air cleaners should contain a high-efficiency particulate air filter or MERV 13 or greater
filter efficiencies.
o Units that feature ionizers, precipitators, or ozone generators do not provide additional
benefit and can generate harmful byproducts.
o MERV13 or HEPA filters should be replaced on the timetable according to manufacturer
recommendations.
o Request documentation of particle/viral removal efficacy for any device being
considered.
o Confirm the unit can deliver at least two air turnovers per hour for typical school
classroom sizes (approx. 400 sq. ft).
o Refer to the Association of Home Appliance Manufacturers (AHAM):
https://www.ahamdir.com/room-air-cleaners/ ) and California Air Resources Board
(CARB): https://ww2.arb.ca.gov/our-work/programs/air-cleaners-ozone-
products/california-certified-aircleaning-devices ) websites to compare room air
cleaners.
o To maximize energy efficiency, consider choosing a unit with an Energy Star certificate.
o Choose a unit with CARB and Underwriter’s Laboratories (UL) certificates.
• Specialized Ventilation Considerations for Nurses Stations and Isolation Rooms o
Designate one room for short-term isolation of suspected infected persons.
o Nurses stations and isolation rooms pose higher potential for COVID-19 exposure and so
should not mix the air with the remainder of the building. o Examine options for
maximizing outdoor air ventilation of these areas, including 100% fresh air, and
increasing ventilation to 10 air changes per hour.
o These rooms should be under direct exhaust to the outside to minimize air mixing with
other parts of the school.
o Portable air filtration units should be considered for these areas (see below).
o For more detailed information please refer to ASHRAE 170 and ASHRAE 2019 handbook
(https://www.ashrae.org/technical-resources/ashrae-handbook-content).
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o Responsible Parties should increase ventilation with outdoor air to the greatest extent
possible (e.g., opening windows and doors) while maintaining health and safety
protocols.
Common Areas
• Responsible Parties may choose to encourage physical distancing by modifying amenities or
areas that do not allow for adequate physical distancing protocols to be followed. If open,
Responsible Parties should make hand sanitizer or disinfecting wipes available near such
amenities or areas (e.g., vending machines, communal coffee stations).
o However, Responsible Parties should not provide cleaning and disinfecting supplies to
students, particularly younger students, nor should students be present when disinfectants are
in use.
• Responsible Parties should put in place practices for adequate physical distancing in small
areas, such as restrooms and breakrooms, and should develop signage and systems (e.g.,
flagging when occupied) to restrict occupancy when physical distancing cannot be
maintained in such areas.
• To the extent practical, Responsible Parties may consider staggering schedules for faculty
and staff to reduce density and promote physical distancing in enclosed areas (e.g., coffee
breaks, meals, and shift starts/stops).
C. Operational Activities
Cohorts
Responsible Parties are recommended to cohort students to the extent practicable to
limit potential exposure. Refer to Section IA for cohorting recommendations if three feet of
physical distance is permitted consistent with this guidance. “Cohorts,” particularly for
younger students, are selfcontained, pre-assigned groups of students with reasonable
group size limits set forth by the school in their plan. Responsible Parties should enact
measures to prevent intermingling across cohorts, to the greatest extent possible (e.g.,
separation by appropriate physical distancing, particular if there are multiple cohorts in one
area). Responsible Parties should make reasonable efforts to ensure that cohorts are fixed –
meaning contain the same students – for the duration of the school year. Faculty may
instruct more than one cohort so long as appropriate physical distancing is maintained.
In-Person Instruction
• While the goal is to return all students to in-person instruction, due to the dynamic nature
and risk of community transmission of COVID-19, Responsible Parties should prepare for a
combination of inperson instruction and remote learning to facilitate a phased-in approach
or hybrid model, which may be necessary at various times throughout the 2020-2021 school
year. In such approaches and models, Responsible Parties may use video or
17
teleconferencing in lieu of in-person gatherings (e.g., classes, office hours), per CDC
guidance.
o In cases where in-person instruction is not feasible even with cohorting, phased-in and
hybrid models of education will need to consider if certain students will be prioritized
for in-person instruction first or more frequently based on educational or other needs
(e.g., early grades, students with disabilities, English language learners), and must
balance this with equity, capacity, physical distancing, PPE, feasibility, and learning
considerations.
If COVID-19 cases develop, Responsible Parties may consider restricting access within
school facilities and across school grounds, particularly in affected areas to avoid full
school closures. In such instances, Responsible Parties may choose to temporarily move
classes where an individual has tested positive for COVID-19 to remote/virtual format
until all contacts can be identified, notified, tested, and cleared.
• To maximize in-person instruction, Responsible Parties should consider measures that can
be implemented to decrease density and congregation in school facilities and on school
grounds, when possible, such as:
o Finding alternative spaces in the community to allow for more in-person instruction; o
adjusting class or work hours, where appropriate and possible;
o limiting in-person presence to only those staff who are necessary to be at the school
during normal school hours;
o maintaining or increasing remote workforce (e.g., administrative staff) to accommodate
physical distancing guidelines;
o staggering schedules and allowing more time between classes to reduce congestion in
hallways, walkways, and buildings; and/or
o shifting design of class schedules to accommodate physical distancing guidelines,
including cohorts (e.g., alternative classroom schedules, full-time in-person learning for
younger students, and part-time distance learning for older students).
D. Movement and Commerce
Student Drop-Off and Pick-Up
Responsible Parties should establish designated areas for student drop-off and pick-up,
limiting contact and entry of parents/legal guardians into the building, to the greatest
extent possible.
Deliveries
Responsible Parties should establish designated areas for pickups and deliveries, limiting
contact to the extent possible.
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Faculty/Staff Entrances and Exits
To the extent feasible, Responsible Parties should limit on-site interactions (e.g.,
designating separate ingress or egress for faculty and staff, eliminating bidirectional flow of
individuals to the extent practicable).
Shared Objects
Responsible Parties should put in place plans or measures to limit the sharing of objects,
such as lockers, cubbies, laptops, notebooks, touchscreens, writing utensils, chalk and dry
erase boards, musical instruments, tools, and toys, as well as the touching of shared
surfaces, such as conference tables and desks; or require students, faculty, and staff to
perform hand hygiene before and after contact.
II. PLACES
A. Personal Protective Equipment
• Masks should have at least two layers of material (e.g. 2-ply). Acceptable masks for COVID-
19 include but are not limited to cloth-based masks (e.g., homemade sewn, quick cut, and
surgical masks that cover both the mouth and nose. Face shields worn without other masks
are not considered adequate protection or source control against COVID-19 and should not
be used.
o Responsible Parties and faculty may use alternate PPE (i.e., masks that are
transparent at or around the mouth) for instruction or interventions that require
visualization of the movement of the lips and/or mouths (e.g., speech therapy). These
alternate masks may also be used for certain students (e.g., hearing impaired) who
benefit from being able to see more of the face of the faculty or staff member.
• However, cloth-based masks or disposable masks shall not be considered acceptable masks
for workplace activities that require a higher degree of protection for PPE due to the nature
of the work. For those types of activities, N-95 respirators or other PPE used under existing
industry standards should continue to be used, in accordance with OSHA guidelines.
• In addition to the necessary PPE as required for certain workplace activities, Responsible
Parties must procure, fashion, or otherwise obtain acceptable masks and provide such
masks to their faculty and staff who directly interact with students or members of the
public while at work at no cost to the faculty or staff member, pursuant to Executive Order
202.16, as amended and extended.
• Responsible Parties should have an adequate supply of masks and other required PPE on
hand should faculty or staff need a replacement, or a student be in need.
• Responsible Parties must advise students, faculty, staff, and visitors that they are required
to wear masks at all times in indoor school facilities, except when eating.
• Responsible Parties must allow students, faculty, and staff to use their own acceptable
masks, but cannot require faculty and staff to supply their own masks. Further, this
19
guidance shall not prevent employees from wearing their personally owned protective
masks (e.g., surgical masks, N-95 respirators,), as long as they adhere to the minimum
standards of protection for the specific activity. Responsible Parties may otherwise require
employees to wear more protective PPE due to the nature of their work. If applicable,
employers should comply with all applicable OSHA standards.
• Responsible Parties may request that students bring their own mask, but may not require it
and must procure, fashion, or otherwise obtain acceptable masks and provide such masks
to any student who does not have their own, at no cost to the student.
• Masks should be cleaned or replaced after use and must not be shared. Students and
parents/legal guardians should take responsibility for maintaining their masks. Please
consult CDC guidance for additional information on cloth masks and other types of PPE, as
well as instructions on use and cleaning.
B. Hygiene, Cleaning and Disinfection
Hygiene
• Responsible Parties must ensure adherence to hygiene and cleaning and disinfection
requirements as advised by the CDC and DOH. Responsible Parties must maintain logs that
include the date, time, and scope of cleaning and disinfection. Responsible Parties must
identify cleaning and disinfection frequency for each facility type and assign responsibility.
Responsible Parties must oversee the regular cleaning of frequently touched surfaces (e.g.,
toys, door handles, sink handles, toilets, drinking fountains) within the school and on school
buses at least daily or between use as much as possible.
• Responsible Parties must train all students, faculty, and staff on proper hand and
respiratory hygiene, and should provide information to parents and/or legal guardians on
ways to reinforce this at home.
o Responsible parties must teach and reinforce handwashing with soap and water for at
least 20 seconds.
Responsible parties must encourage teachers, staff, and students to cover coughs and
sneezes with a tissue, dispose of used tissues immediately, and wash their hands with
soap and water for at least 20 seconds.
• Responsible Parties must provide and maintain hand hygiene stations around the school, as
follows:
o For handwashing: soap, running warm water, and disposable paper towels.
o For hand sanitizing: an alcohol-based hand sanitizer containing at least 60% alcohol for
areas where handwashing facilities may not be available or practical.
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School medical or health directors should approve and permit the use of alcohol-
based hand sanitizers in school facilities without individual’s physician orders as
alcohol-based hand sanitizers are considered over-the-counter drugs. Student use of
alcohol-based hand sanitizers should always be supervised by adults to minimize
accidental ingestion and promote safe usage; supervision is required for elementary
school students.
Parents/guardians can inform the school that they do not want their child to use
alcohol based hand sanitizers by sending a written notice to the school. Schools
must provide accommodations for students who cannot use hand sanitizer, to allow
for their use of handwashing stations.
o Make hand sanitizer available throughout common areas. It should be placed in
convenient locations, such as at building, classroom, and cafeteria entrances and exits.
Touch-free hand sanitizer dispensers should be installed where possible.
Responsible Parties should place signage near hand sanitizer stations indicating that
visibly soiled hands should be washed with soap and water; hand sanitizer is not
effective on visibly soiled hands.
Responsible Parties should remind individuals that alcohol-based hand sanitizers can
be flammable and may not be suitable for certain areas in school facilities and on
school grounds.
• Responsible Parties should place receptacles around the school for disposal of soiled items,
including paper towels and PPE.
• Responsible Parties should make hand sanitizer and disinfecting wipes available near shared
amenities. Sanitizer should be an alcohol-based hand sanitizer containing at least 60%
alcohol for areas where handwashing facilities may not be available or practical.
• Hand sanitizer should be placed in convenient locations, such as at building, classroom, and
cafeteria entrances and exits. Touch-free hand sanitizer dispensers should be installed
where possible.
Cleaning and Disinfection
• Responsible Parties should ensure that cleaning and disinfection are the primary
responsibility of the school’s custodial staff. However, Responsible Parties may also choose
to provide appropriate cleaning and disinfection supplies to faculty and staff for shared and
frequently touched surfaces:
o Consider providing disposable wipes to faculty and staff so that commonly used
surfaces (e.g., keyboards, desks, remote controls) can be wiped down before and/or
after use, followed by hand hygiene.
o To reduce high-touch surfaces, Responsible Parties should install touch-free amenities,
such as water-bottle refilling stations, trash receptacles and paper towel dispensers,
where feasible. o If installing touch-free amenities is not feasible, Responsible Parties
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should, at a minimum, make hand sanitizer available near high-touch surfaces (e.g.,
trash receptacles, paper towel dispensers).
o Responsible Parties should consider closing water drinking fountains (unless they are
configured as a bottle refilling station) and encourage students, faculty, and staff to
bring their own water bottles or use disposable cups.
• Responsible Parties must adhere to and promote hygiene, cleaning, and disinfection
guidance set forth by the Department and CDC.
• There are two scenarios that require cleaning and disinfecting multiple times per day:
o High risk areas including health offices, classrooms, lunchrooms/dining rooms, athletic
rooms, bathrooms, and high traffic areas. Responsible parties must establish
procedures for surfaces that must be sanitized after use, such as gym mats, health office
cots, and lunch/dining tables.
o High touch surfaces including lunch tables, desks and chairs, light switches, handrails,
door handles/push plates, faucets, equipment handles and buttons, shared equipment and
electronics, bus seats, and handrails.
• Responsible Parties must conduct regular cleaning and disinfection of the facilities and
more frequent cleaning and disinfection for high-risk areas used by many individuals and for
frequently touched surfaces, including desks and cafeteria tables which should be cleaned
and disinfected between each individual’s use, if shared. If cohorts are used, cleaning and
disinfection may take place between each cohort’s use rather than each individual. Cleaning
and disinfection must be rigorous and ongoing and should occur at least daily, or more
frequently as needed. Please refer to CDC’s “Cleaning and Disinfecting Your Facility” and
“Cleaning, Disinfecting, and Hand Hygiene: A Toolkit for School Administrators ” for detailed
instructions on how to clean and disinfect facilities.
o Responsible Parties must ensure regular cleaning and disinfection of restrooms.
Restrooms should be cleaned and disinfected more often depending on frequency of
use.
o Responsible Parties should ensure that materials and tools used by employees are
regularly cleaned and disinfected using registered disinfectants. Refer to the
Department of Environmental Conservation (DEC) list of products registered in New
York State and identified by the EPA as effective against COVID-19.
If cleaning or disinfection products or the act of cleaning and disinfection causes
safety hazards or degrades the material or machinery, Responsible Parties must put
in place hand hygiene stations between use and/or supply disposable gloves and/or
limitations on the number of employees using such machinery.
Implement best practices to implement in residential, shared (i.e., communal) bathrooms
include (e.g. use of touch-free paper towel dispensers in lieu of air dryers).
22
o Responsible Parties must ensure physical distancing rules are adhered to by using
signage, occupied markers, or other methods to reduce restroom occupancy at any
given time, where feasible.
Cleaning and Disinfection Following Suspected or Confirmed COVID-19 Case
• Responsible Parties must provide for the cleaning and disinfection of exposed areas in the
event an individual is confirmed to have COVID-19, with such cleaning and disinfection to
include, at a minimum, all heavy transit areas and high-touch surfaces.
• Responsible Parties are expected to follow CDC guidelines on “Cleaning and Disinfecting
Your Facility,” if someone is suspected or confirmed to have COVID-19:
o Close off areas used by the person who is suspected or confirmed to have COVID-19.
Responsible Parties do not necessarily need to close operations, if they can close off
the affected areas (e.g., classroom, restroom, hallway), but they should consult with
local health departments in development of their protocols.
Open outside doors and windows to increase air circulation in the area.
o Wait 24 hours before you clean and disinfect, unless waiting 24 hours is not feasible, in
which case, wait as long as possible.
o Clean and disinfect all areas used by the person suspected or confirmed to have COVID-
19, such as offices, classrooms, bathrooms, lockers, and common areas.
o Restrict access to any area where someone with confirmed or suspected COVID-19 was
present until the area is cleaned and disinfected.
o Once the area has been appropriately cleaned and disinfected, it can be reopened for
use.
Individuals without close or proximate contact with the person suspected or
confirmed to have COVID-19 can return to the area and resume school activities
immediately after cleaning and disinfection.
o If more than seven days have passed since the person who is suspected or confirmed to
have COVID-19 visited or used the facility, additional cleaning and disinfection is not
necessary, but routine cleaning and disinfection should continue.
C. Coordination and Phased Reopening
Responsible Parties must designate a COVID-19 safety coordinator whose
responsibilities include continuous compliance with all aspects of the school’s reopening
plan, as well as any phased-in reopening activities necessary to allow for operational issues
to be resolved before activities return to normal or “new normal” levels.
D. Communications Plan
• Responsible Parties must engage with school stakeholders and community members (e.g.,
administrators, faculty, staff, students, parents/legal guardians of students, local health
23
departments, local health care providers, and affiliated organizations, such as unions,
alumni, and/or community based groups) when developing or updating reopening plans.
Plans for reopening should identify the groups of people involved and keep them engaged
throughout the planning process.
• Responsible Parties must develop a communications plan for students, parents or legal
guardians of students, staff, and visitors that includes applicable instructions, training,
signage, and a consistent means to provide individuals with information. Responsible
Parties may consider developing webpages, text, and email groups, and/or social media
groups or posts.
• Responsible Parties must ensure all students are taught or trained how to follow COVID-19
protocols safely and correctly, including but not limited to hand hygiene, proper mask
wearing, physical distancing, and respiratory hygiene.
• Responsible Parties must encourage all students, faculty, staff, and visitors through verbal
and written communication (e.g., signage) to adhere to CDC and DOH guidance regarding
the use of PPE as appropriate, specifically acceptable masks.
• Responsible Parties should designate a coordinator or other point(s)-of-contact to be the
main contact upon the identification of positive COVID-19 cases and to be responsible for
subsequent communication. Coordinators should be responsible for answering questions
from students, faculty, staff, and parents or legal guardians of students regarding the
COVID-19 public health emergency and plans implemented by the school.
o Coordinators should also work closely with local health departments and other
schools to monitor public health conditions and jointly develop monitoring strategies.
E. Residential Living Considerations
For K-12 schools with students who reside on campus, Responsible Parties must
consider the following as they develop their plans:
o Residence halls: Plans should include protocols for capacity limits, enhanced cleaning
and disinfection, appropriate physical distancing as defined in this document, use of
acceptable masks in indoor common areas, restrictions on non-essential gatherings and
activities, limited access by students to other residential facilities (e.g., dormitories),
restrictions of visitors, special housing considerations for students who are
immunocompromised or who have an underlying health condition, separate living
spaces for persons undergoing isolation or quarantine, and a modified set of rules for
students to follow;
o Residential testing: Plan for screening all students and faculty upon return, and to
ensure diagnostic testing for any students or faculty members who screen positive for
potential COVID19 infection upon return, especially including any individuals with
recent international travel, as identified in the New York State Travel Advisory;
o Residential isolation and quarantine: Isolation or quarantine of individuals residing on
school grounds may become necessary and schools should develop plans, in
24
consultation with the local health department, that specify where individuals will be
residing (e.g., dedicated residence hall, hotel, home) and the support system that will
be implemented to meet daily needs (e.g., food, medication, psychosocial, academic
and/or other support) throughout the duration of their isolation or quarantine. Plans
should include measures to monitor and provide medical care and other health services
to students who test positive and are in isolation, need more advanced medical care, or
who are awaiting test results; and
o Residence move-out: Plans need to be put in place for how students should safely
depart residence halls in the event of a closure. Schools should consider policies for
students who may not be able to depart campus quickly (e.g. international students).
III. PROCESSES
A. Screening and Testing
Health Screening and Temperature Checks
• Responsible Parties must implement mandatory health screenings, including temperature
checks, of students, faculty, staff, and, where applicable, contractors, vendors, and visitors
to identify any individuals who may have COVID-19 or who may have been exposed to the
COVID-19 virus.
o Temperature checks should be conducted per U.S. Equal Employment Opportunity
Commission or DOH guidelines. Specifically, all individuals must have their temperature
checked each day – ideally, at home, prior to departing to school – before entering any
school facility. If an individual presents a temperature of greater than 100.0°F, the
individual must be denied entry into the facility, or sent directly to a dedicated area
prior to being picked up or otherwise sent home. o Responsible Parties must also use a
daily screening questionnaire for faculty and staff reporting to school; and periodically
use a questionnaire for students, particularly younger students, who may require the
assistance of their parent/legal guardian to answer.
Responsible Parties are prohibited from keeping records of student, faculty, staff,
and visitor health data (e.g., the specific temperature data of an individual), but are
permitted to maintain records that confirm individuals were screened and the result
of such screening (e.g., pass/fail, cleared/not cleared).
Screening is strongly recommended to be conducted remotely (e.g. by electronic survey,
digital application, or telephone, which may involve the parent/legal guardian), before
the individual reports to school, to the extent possible; or may be performed on site at
the school.
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Remote screening should be coordinated to identify individuals who should not go
to school and should be referred to their health care provider for further evaluation
and COVID-19 testing.
On-site screening should be coordinated in a manner that prevents individuals from
intermingling in close or proximate contact with each other prior to completion of
the screening.
o Screening for all students, faculty, staff, and, where practicable, visitors, contractors,
and vendors, must be completed using a questionnaire that determines whether the
individual has:
(a) knowingly been in close or proximate contact in the past 10 days with anyone who
has tested positive through a diagnostic test for COVID-19 or who has or had
symptoms of COVID-19;
(b) tested positive through a diagnostic test for COVID-19 in the past 10 days;
(c) has experienced any symptoms of COVID-19, including a temperature of greater
than 100.0°F, in the past 10 days; and/or
(d) has traveled internationally per the New York State Travel Advisory in the past 10
days.
• As able, Responsible Parties should consider implementing health screening practices for
unscheduled visitors (e.g., members of the public allowed to use school grounds).
• Refer to CDC guidance on “Symptoms of Coronavirus” for the most up to date information
on symptoms associated with COVID-19.
o Please note that the manifestation of COVID-19 in children, although similar, is not
always the same as that for adults. Children may be less likely to present with fever as
an initial symptom, and may only have gastrointestinal tract symptoms, which should be
taken into consideration during the screening process. Schools should also consider
reminding parents/guardians that students may not attend school if they have had a
temperature of greater than 100.0°F at any time in the past 10 days, even if a fever-
reducing medication was administered and the student no longer has a fever.
• Responsible Parties should remain aware that quarantine of students, faculty, or staff may
be necessary based on current guidance and/or executive orders.
Diagnostic and Screening Testing
• Any member of the school community who is experiencing COVID-19 symptoms, is a direct
contact of a person identified as having COVID-19 or has been otherwise exposed to COVID-
19 should immediately seek diagnostic testing. Schools should make sure families without
regular access to healthcare know where in the community to find testing if needed. All
schools are reminded that the requirement to submit daily to the NYS COVID-19 Report
Card remains.
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• CDC recommends screening testing based on feasibility and community transmission levels.
Schools should follow CDC guidelines when implementing testing plans. Please refer to
Table 4 in the CDC guidance for more detail. Responsible Parties moving to physical
distancing of less than six feet should strongly consider implementing screening testing
protocols to ensure monitoring. Additional guidance regarding testing supply support will
be forthcoming.
Positive Screen Protocols
• Any individual who screens positive for COVID-19 exposure or symptoms, if screened at the
school, must be immediately sent home with instructions to contact their health care
provider for assessment and testing.
o Students who are being sent home because of a positive screen (e.g., onset of COVID-19
symptoms) must be immediately separated from other students and supervised until
their parent/legal guardian or emergency contact can retrieve them from school.
o Responsible Parties should provide such individuals with information on health care and
testing resources, if applicable.
o Responsible Parties must immediately notify the state and local health department
about the case if diagnostic test results are positive for COVID-19.
o Asymptomatic individuals who are fully vaccinated or have recovered from laboratory
confirmed COVID-19 in the previous 3 months who screen positive for COVID-19
exposure may remain at school.
o Anyone with symptoms must be immediately sent home with instructions to contact
their health care provider for assessment and testing irrespective of vaccination status
or previous COVID-19 infection.
• Responsible Parties must require individuals to immediately disclose if and when their
responses to any of the aforementioned questions changes, such as if they begin to
experience symptoms, including during or outside of school hours.
• Responsible Parties must establish policies, in consultation with the local health
department(s), about the requirements for determining when individuals, particularly
students, who screened positive for COVID-19 symptoms can return to the in-person
learning environment. This returning to learning protocol must include at minimum
documentation from a health care provider evaluation, negative COVID-19 testing, and
symptom resolution, or if COVID-19 positive, release from isolation.
• Responsible Parties must designate a central point of contact(s), which may vary by activity,
location, shift or day, responsible for receiving and attesting to having reviewed all
screening activities, with such contact(s) also identified as the party for individuals to inform
if they later experience COVID19-related symptoms or COVID-19 exposure, as noted on the
questionnaire.
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In-Person Screening
• Responsible Parties must ensure that any personnel performing in-person screening
activities, including temperature checks, are appropriately protected from exposure to
potentially infectious individuals entering the facilities. Personnel performing screening
activities should be trained by employer-identified individuals who are familiar with CDC,
DOH, and OSHA protocols.
• Screeners should be provided and use PPE, which includes at a minimum, an acceptable
mask, and may also include gloves, a gown, and/or a face shield.
B. School Health Offices
• Responsible Parties may consider developing testing systems in school facilities or self-
testing systems in collaboration with local health departments or local health care
providers, as able.
• Responsible Parties must develop protocols for caring for a student, faculty, or staff
member who develops COVID-19 symptoms during the school day. These protocols must
include:
o Identification of a dedicated area to separate students, faculty, or staff with symptoms
of COVID19 from others until they can go home or to a health care facility, depending
on severity of illness;
Plans to ensure that symptomatic students who are waiting to be picked up remain
under the visual supervision of a staff member who is physically distanced;
o PPE requirements for school health office staff caring for sick individuals, which must
include both standard and transmission-based precautions. In areas with moderate to
substantial community transmission, eye protection (i.e., goggles or face shield) should
be added. When caring for a suspect or confirmed individual with COVID-19, gloves, a
gown, and a fit-tested N-95 respirator should be used, if available (or surgical face mask
and face shield, if not available), as well as eye protection. Please consult CDC guidance
for additional information; and
o Required guidelines for cleaning and disinfection.
• Responsible Parties must develop protocols for asthma-related acute respiratory treatment
care using up to date standard of care:
o Nebulizer treatments and suctioning are identified by the CDC as aerosol-generating
procedures requiring a N-95 mask fitted to the healthcare worker;
o Consult with students’ healthcare providers for alternate asthma medication delivery
systems; and
o Consult with school maintenance and facilities department for environmental controls.
C. Tracing and Tracking
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Metrics
Responsible Parties may identify clearly defined measures that will serve as warning
signs that the level of COVID-19 transmission may be increasing in the school setting
beyond an acceptable level, as defined by state and local health departments.
o Responsible Parties must include a process in their plan if/when COVID-19 cases are
discovered at school, including closing areas or classes where individuals were infected
or more broadly the entire school in consultation with the local health department.
o Responsible Parties may choose to modify operations prior to instituting school-wide
closures to help mitigate a rise in cases.
Indicators of Community Transmission
• CDC recommends that public health officials and school administrators consider the total
new cases per 100,000 persons in the community within the preceding 7 days and the
percentage of molecular tests that are positive within the preceding 7 days when making
decisions about physical distancing. Levels of community transmission defined as total new
cases per 100,000 persons in the past 7 days (low, 0-9; moderate, 10-49; substantial, 50-99;
high, ≥100) and percentage of positive tests in the past 7 days (low, <5%; moderate, 5-7.9%;
substantial, 8-9.9%; high, ≥10%).
• Localities can refer to the CDC’s COVID-19 Integrated County View for county indicators. In
addition, NYS publishes near real-time COVID-19 data on the NYSDOH COVID-19 Tracker.
Notification
Responsible Parties must notify the state and local health department immediately
upon being informed of any positive COVID-19 diagnostic test result by an individual in
school facilities or on school grounds, including students, faculty, staff, and visitors.
Tracing Support
In the case of an individual testing positive, Responsible Parties must develop plans to
support local health departments in tracing all contacts of the individual, in accordance with
the protocols, training,
and tools provided through the New York State Contact Tracing Program. Confidentiality
must be maintained as required by federal and state law and regulations. Responsible
Parties must cooperate with state and local health department contact tracing, isolation,
and quarantine efforts.
o If feasible, Responsible Parties may offer optional tracing and tracking technology (e.g.,
mobile applications) to streamline contact tracing and communication process among
their students, faculty, staff, parents/legal guardians of students, and community.
o Responsible Parties should partner with local health departments to train faculty and
staff to undertake contact tracing efforts for populations in school facilities and on
school grounds, where feasible.
Quarantine, Isolation, and Return to School
• State and local health departments will implement monitoring and movement restrictions
of COVID19 infected or exposed persons, including isolation or quarantine.
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• Responsible Parties must ensure that reporting plans are in place for individuals who are
alerted that they have come into close or proximate contact with a person with COVID-19,
and have been alerted to such exposure via tracing, tracking or other mechanism.
• Responsible Parties are subject to DOH guidance regarding protocols and policies for faculty
and staff seeking to return to work after a suspected or confirmed case of COVID-19 or after
the faculty or staff member had close or proximate contact with a person with COVID-19.
IV. SCHOOL COVID-19 Report Card
All public and private (both secular and non-secular) elementary (including pre-kindergarten),
middle, and high schools as well as boards of cooperative educational services (BOCES), charter
schools, and private schools are required to report to the COVID-19 Report Card each
operational day. COVID-19 positive data reported on this site includes students, teachers and
staff enrolled in the school district onsite and off-site. This information is either shared by the
parent/guardian of the student, notified by teachers and other staff, or communicated by the
local health department.
V. SCHOOL PLANS
All plans should continue to reflect engagement with school stakeholders and community
members (e.g., administrators, faculty, staff, students, parents/legal guardians of students,
local health care providers, and affiliated organizations, such as unions, alumni, and/or
community-based groups), particularly local health department(s), and, in accordance with the
minimum requirements referenced herein, cover: (1) reopening of school facilities for in-person
instruction, (2) monitoring of health conditions, (3) containment of potential transmission of
the 2019 novel coronavirus, and (4) closure of school facilities and in-person instruction, if
necessitated by widespread virus transmission.
Responsible Parties must conspicuously post completed reopening plans at the school and on
their website for faculty, staff, students, and parents and legal guardians of students to access.
The NYS Department of Health does not review or approve revisions to school reopening
plans, however plans must at all times be consistent with NYS DOH guidance. Modified plans
must be posted online as well as submitted to the New York State Education Department and
the Local Health Department. Local Health Departments are the entity charged with
enforcement of these minimum guidelines.
Additional safety information, guidelines, and resources are available at:
New York State Department of Health Novel Coronavirus (COVID-19) Website
https://coronavirus.health.ny.gov/
New York State Education Department Coronavirus (COVID-19) Website
http://www.nysed.gov/coronavirus
Centers for Disease Control and Prevention Coronavirus (COVID-19) Website
https://www.cdc.gov/coronavirus/2019-ncov/index.html
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Occupational Safety and Health Administration COVID-19 Website
https://www.osha.gov/SLTC/covid-19/
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APPENDIX C – NYSED INSTRUCTIONAL MODE AND ATTENDANCE
REPORTING MEMO
THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK
ALBANY, NY 12234
December 1, 2020
TO: BOCES District Superintendents School
District Superintendents
School District State Aid Designees
Regional Information Center Directors
Charter School Leaders
Data Warehouse Project Managers
FROM: Kim Wilkins, Deputy Commissioner for P-12 Instructional Support
Marybeth Casey, Assistant Commissioner for Curriculum and Early Learning
Brian S. Cechnicki, Director of Education Finance
David Frank, Executive Director of Educational Innovation and Strategic Initiatives Jason
Harmon, Assistant Commissioner, Office of Accountability
Rose LeRoy, Director of Educational Data and Research, Office of Information and
Reporting Systems
Phyllis D. Morris, Chief Financial Officer
RE: Recording and Reporting Attendance and Hours of Instruction for In-Person and Remote
Instruction in the 2020-21 School Year
This memorandum provides important information regarding the provision, recording,
and reporting of both in-person and remote instruction pursuant to the reopening plans
required of school districts, BOCES, and charter schools (collectively referred to in this
memorandum as “reporting entities”) to NYSED. All reporting requirements and additional
clarification contained in this memorandum apply to the beginning of the 2020-21 school year
in September 2020 and are supplemental to previous directives issued by NYSED.
A summary of the flexibility available in and changes to reporting requirement for the
2020-21 school year is provided below. Attachment 1 provides additional detailed information
that should be shared with staff who are responsible for issues pertaining to student
attendance, scheduling, and State aid:
32
• Provision of Instruction: For the 2020-21 school year, reporting entities are
required to provide options for both in-person and remote learning, particularly
in situations where a school building may be required to close.
• Supplemental School Reopening Information: In December, NYSED will be
distributing a supplemental reopening schedule form for all reporting entities to
report their current schedules for the school year, noting the clock hours
dedicated to in-person and synchronous remote instruction in a typical week (i.e.,
one without holidays or standalone conference days), and the expected amount
of student self-work during periods of asynchronous instruction for all grade
levels in all school buildings. Please note that this survey is required and will be
public information.
• Reporting In-person and Remote Attendance: For the purpose of collecting and
reporting daily student-level attendance of students in different learning
modalities, NYSED will introduce new reporting requirements to record
attendance used beginning with September of the 2020-21 school year. Reporting
entities will now have to report to NYSED for each enrolled student for each day
whether the student was present or absent. All student level attendance data are
to be reported daily throughout the school year. The reporting entity must be
prepared to report the attendance (both positive and negative attendance) by
instructional modality (in-person, remote or both on the same day).
• Recording In-person and Remote Instruction for State Aid Purposes: Districts
are responsible for developing a mechanism to collect and report daily
teacher/student engagement or attendance regardless of the instructional
setting. For state aid purposes for school districts only, NYSED will continue to use
the calendar spreadsheet and SAMS 180-day form process for the 2020-21 school
year, which districts are to complete in Summer 2021. The Office of State Aid will
provide more detailed instructions later in the school year.
• Conversion of Snow Days into Remote Instruction (School Districts): As part of
NYSED’s ongoing efforts to provide districts with flexibility in meeting local needs
during the pandemic, NYSED has established a one-year pilot to enable school
districts, at district option and consistent with each district’s reopening
educational plan, to pivot to remote instruction to provide continuity of
instruction on what would otherwise be a day of school closure due to a snow and
other weather and non-weather emergencies. In order to count such day as a day
of instruction, the district must provide remote instruction to all enrolled
students, including those who may have been scheduled to attend in person
instruction on that day. Districts electing to exercise this option are considered to
be in session and must continue to provide transportation and other required
services to charter and nonpublic schools on such days if such schools remain
open.
• Minimum Instructional Time Waivers for the 2020-21 School Year (School
Districts): The Board of Regents has adopted a regulation permitting districts to
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seek a waiver of the instructional hour requirement normally in place. While the
regulation gives flexibility to districts/schools to create schedules that meet their
community’s needs while ensuring the health and safety of their students and
staff, it is still the expectation of NYSED that districts make every effort to create
a plan to meet the 900-990-hour requirement. School districts may have already
applied waivers for either or both years in the 2020-21 SAMS forms due on
September 2, 2020. Districts that did not apply will have an additional opportunity
to apply for the 2020-21 school year in the 2021-22 SAMS form set.
Next Steps and Additional Information
• December 2020: Supplemental reopening schedule form will be distributed to all school
districts via SED Monitoring;
• August 2021: 2020-21 School Year Form A and 180-Day Calendar SAMS forms available
(due September 2, 2021)
• For questions about calendar spreadsheet submissions and the snow day pilot, please
contact 180days@nysed.gov
• For questions about reporting data in SIRS please contact the Office of Information and
Reporting Services at 518-474-7965 or Data Support
Enclosure
Attachment 1
Recording and Reporting Attendance and Hours of Instruction for In-Person and Remote
Instruction in the 2020-21 School Year
With the school year underway, and both the state and districts experiencing new challenges in
educating students during the COVID-19 public health crisis, the New York State Education
Department (NYSED or “the Department”) understands that districts are implementing their
reopening plans with all possible fidelity so as to maintain robust educational programs. With
these challenges comes a need for better understanding among school and district leaders of
state and local roles and responsibilities in maintaining attendance records of students.
To that end, this memorandum provides additional clarification regarding the provision,
recording, and reporting of both in-person and remote instruction pursuant to the reopening
plans required of school districts, BOCES, and charter schools (collectively referred to in this
memorandum as “reporting entities”) to the Department. All reporting requirements and
additional clarification contained in this memorandum apply to the beginning of the 2020-21
school year in September 2020 and are supplemental to previous directives issued by NYSED.
34
For the 2020-21 school year, reporting entities are required to provide options for both in-
person and remote learning, particularly in situations where a school building may be required
to close. While in-person instruction will largely follow the program and reporting
requirements that have been in place in prior years, the option to provide remote instruction,
both synchronous and asynchronous, requires the Department to provide further clarification
regarding the recording and reporting of such instruction.
The table below summarizes the definitions of each type of instruction and provides a few
examples.
Instruction Type In-Person Instruction Synchronous Remote A-Synchronous Remote
Instruction Instruction
Description Student is present in the Student is NOT present in Student is NOT present
building to receive the building and receives in the building and is
instruction instruction in real time engaged in learning
from a teacher present experiences planned and
by video or audio. supported by a teacher
that may be done at any
time during the day.
Examples Student attends school Teacher live streams a Teacher pre-records a
in person and is assigned lesson in which the lesson video and assigns
to a teacher for student participates in activities to be
instruction real time. There is two- completed by a due
way interaction date/time. Teacher offers
support or
35
between students and feedback by video,
teacher audio or email or text
Teacher schedules a Teacher plans an
conference call with a instructional activity
group of students to packet. The activity is
teach a lesson or engage delivered to the student
in other instructional to complete at home and
return to the teacher,
activities
who provides the student
feedback in writing, by
phone or email
Following best practices,
allotted time on task,
including material review
and self-work, should be
comparable to
instruction provided in a
face-to-face setting
Supplemental School Reopening Information
In December, the Department will be distributing a supplemental reopening schedule form for
all reporting entities to report their current schedules for the school year, noting the clock
hours dedicated to in-person and synchronous remote instruction in a typical week (i.e., one
without holidays or standalone conference days), and the expected amount of student self-
work during periods of asynchronous instruction for all grade levels in all school buildings.
Please note that this survey is required and will be public information.
Below is an example of the type of information that will be collected (final format to be
determined):
Modality Monday Tuesday Wednesday Thursday Friday
In-Person and 8AM-3PM (7 8AM-3PM (7 None 8AM-3PM (7 8AM-3PM (7
Synchronous hours; 6 hours; 6 hours; 6 hours; 6
Remote instructional instructional instructional instructional
hours) hours) hours) hours)
Asynchronous None None 4 hours None None
Remote
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It is incumbent upon each reporting entity to maximize the instruction provided to enrolled
students, especially in this challenging time. Commissioner’s regulations require districts and
schools to provide 900 hours of instruction for students in grades K-6 and 990 hours of
instruction for students in 7-12, regardless of the modality (i.e., in-person, synchronous remote
or asynchronous remote) by which such instruction is provided. Charter schools are required to
provide at least as much instruction time during a school year as required of other public
schools but may be required to provide additional instructional time pursuant to the school’s
charter.
Instructional experiences are not defined solely as a student’s time spent in front of a teacher
or in front of a screen, but time engaged in standards-based learning under the guidance and
direction of a teacher. These experiences might include, but are not limited to: completing
online modules or tasks; viewing instructional videos; responding to posts or instructor
questions; engaging with other class participants in an online or phone discussion; conducting
research; doing projects; or meeting with an instructor face to face, via an online platform or
by phone. Schools must ensure that the learning is supported, and students have access to
assistance from a qualified teacher when they need it.
While the Commissioner’s regulations provide flexibility and have been temporarily amended
to allow for a waiver for districts that are unable to meet the minimum requirement, districts
should make every attempt to provide that amount of instruction through the experiences
noted above. In preparing to respond to the Department’s supplemental form, districts should
consider whether their current reopening plan maximizes the amount of student instructional
time and experiences as much as possible.
Reporting In-person and Remote Attendance
State Education law and Commissioner’s regulations require the collection and reporting of
daily student attendance. Since the reopening plans completed by reporting entities include
varying combinations of instructional modalities, the Department is working to develop a
method for reporting entities to collect and report to the Department daily student attendance
based upon whether students receive instruction in-person or remotely. The Department will
continue to use the existing Day Calendar Type codes for instructional and non-instructional
days for day calendar reporting in the Student Information and Repository System (SIRS).
For the purpose of collecting and reporting daily student-level attendance of students in
different learning modalities, the Department will introduce new reporting requirements to be
used beginning with the 2020-21 school year. Reporting entities will now have to report to the
Department for each enrolled student for each day whether the student was present or absent.
All student level attendance data are to be reported daily throughout the school year.
Pursuant to NYSED reopening plan requirements, reporting entities are to collect and maintain
accurate daily student attendance records for all students regardless of whether a student is
37
receiving in person instruction, remote instruction, or both on the same day. The reporting
entity must be prepared to report the attendance (both positive and negative attendance) by
instructional modality (in-person, remote or both on the same day). Your documentation must
include:
• Positive and negative attendance at the student level for in-person instruction: Present,
Excused, Unexcused, Tardy, Out of School Suspension (OSS) and In School Suspension
(ISS)
• Positive and negative attendance at the student level for remote instruction: Present,
Excused, Unexcused, Tardy, Out of School Suspension (OSS) and In School Suspension
(ISS).
• Positive and negative attendance at the student level for in-person and remote
instruction on the same day: Present, Excused, Unexcused, Tardy, Out of School
Suspension (OSS) and In School Suspension (ISS).
As with all data reported in SIRS, the Department will use individual student-level attendance
as reported by the reporting entity for all State and federal reporting, including but not limited
to the calculation and reporting of student attendance rate, chronic absenteeism, and
suspension rates.
Recording In-person and Remote Instruction for State Aid Purposes
As noted in “Recovering, Rebuilding, and Renewing: The Spirit of New York’s Schools,” districts
are responsible for developing a mechanism to collect and report daily teacher/student
engagement or attendance regardless of the instructional setting. While districts are
maintaining those records, the Department is noting that it may collect any or all of the
information in the paragraph below for state aid purposes for the 2020-21 school year. The
Office of State Aid will provide more detailed instructions later in the school year. School
superintendents will be required, as always, to certify the accuracy of this reporting when
submitting their district’s state aid forms.
For state aid purposes for school districts only, the Department will continue to use the
calendar spreadsheet and SAMS 180-day form process for the 2020-21 school year, which
districts are to complete in Summer 2021. Districts should maintain accurate records of the
following information:
• The in-person instructional hours, using the “traditional” spreadsheet and existing
regulatory guidance;
• The estimated number of daily hours of synchronous remote instructional hours, where
students are directly engaged in learning with a teacher present by video or audio,
including if such instruction differs from in-person as described above and allowing for
remote snow days as described below;
• The estimated number of daily hours of asynchronous remote instructional time, where
a student is engaged in learning activities planned and supported by a teacher but
without a teacher present;
38
• The estimated percent of students in in-person, synchronous remote instruction, and
asynchronous remote instruction, recognizing these amounts may change over the
course of the year;
Conversion of Snow Days into Remote Instruction (School Districts)
As part of the Department’s ongoing efforts to provide districts with flexibility in meeting local
needs during the pandemic, the Department has established a one-year pilot to enable school
districts, at district option and consistent with each district’s re-opening educational plan, to
pivot to remote instruction to provide continuity of instruction on what would otherwise be a
day of school closure due to a snow and other weather and non-weather emergencies,
including but not limited to floods, tornadoes, and building fires. In order to count such day as
a day of instruction, the district must provide remote instruction to all enrolled students,
including those who may have been scheduled to attend in person instruction on that day. This
pilot is in effect for the 2020-21 school year, after which the Department will review the
outcome of the pilot in determining whether to continue this flexibility in subsequent school
years.
For school districts with a fully remote instructional model, the conversion of existing snow
days may be used so long as the same level of instruction is provided on those snow days as is
on standard remote instructional days. This may result in additional flexibility for the district to
utilize additional instructional days, beyond the minimum 180-day requirement, for other
purposes. Such changes must be consistent with all existing laws and regulations, including the
minimum instructional hour requirement, as well as any collective bargaining agreement.
Districts that utilize this option will be required to report the usage of such days as part of the
2021-22 SAMS form process in summer 2021. Additional information on the specific reporting
requirements will be available from the Office of State Aid later in the school year.
In accordance with Education Law, districts electing to exercise this option are considered to be
in session and must continue to provide transportation and other required services to charter
and nonpublic schools on such days if such schools remain open. The required provision of
these services may not be waived, and the efficacy and safety of providing them should be a
consideration when opting to convert an in-person instructional day to remote instruction due
to a weather or other emergency.
Information about transportation services under these conditions may be found at:
• Information about transportation services for charter schools
• Information about transportation services for nonpublic schools
Minimum Instructional Time Waivers for the 2020-21 School Year (School Districts)
39
Understanding that the COVID-19 crisis has placed significant challenges on a school’s ability to
have all their enrolled students attend in person, the Department has permitted significant
flexibility in planning this year’s instructional program. Such flexibility allows school districts to
provide instruction in person, remotely or with a hybrid combination. In addition, the Board of
Regents has adopted a regulation permitting districts to seek a waiver of the instructional hour
requirement normally in place. The revised Part 175.5 regulation states:
For the 2019-20 and 2020-21 school years, notwithstanding any other provision of this
section to the contrary, any school district may be eligible for a waiver from the annual
instructional hour requirement set forth in subdivision (c) of this section if the district is
unable to meet such requirement as a result of an Executive Order(s) of the Governor
pursuant to the State of emergency declared for the COVID-19 crisis, or pursuant to
Education Law §3604(8), as amended by Chapter 107 of the Laws of 2020, or reopening
procedures implemented as a result of the COVID-19 crisis, provided that such district
meets the requirements outlined in subparagraphs (i), (iii), and (iv) of paragraph (1) of
subdivision (m) of this section.
While the regulation gives flexibility to districts/schools to create schedules that meet their
community’s needs while ensuring the health and safety of their students and staff, it is still the
expectation of the Department that districts make every effort to create a plan to meet the
900990-hour requirement, with the understanding that there may be circumstances that could
cause a district to be unable to meet the instructional hours requirement. These circumstances
could include a rise in COVID-19 cases among the teaching staff that curtail a school’s ability to
provide instruction in certain grades or subjects, or an inability to secure substitute teachers or
support personnel.
School districts may have already applied for either or both years in the 2020-21 SAMS forms
due on September 2, 2020. Districts that did not apply will have an additional opportunity to
apply for the 2020-21 school year in the 2021-22 SAMS form set.
Next Steps and Additional Information
• December 2020: Supplemental reopening schedule form will be distributed to all school
districts via SED Monitoring.
• August 2021: 2020-21 School Year Form A and 180-Day Calendar SAMS forms available
(due September 2, 2021).
• For questions about calendar spreadsheet submissions and the snow day pilot, please
contact 180days@nysed.gov.
• For questions about reporting data in SIRS please contact the Office of Information and
Reporting Services at 518-474-7965 or Data Support.
40
APPENDIX D – INFORMATION FOR LEAS ON FEDERALLY REQUIRED PLANS
FOR ARP ESSER FUNDS
On May 19, 2021, NYSED issued a memorandum to LEAs on the two federally required ARP
ESSER plans.
THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY
12234
CHIEF FINANCIAL OFFICER
89 Washington Ave., Room 121, EB
Albany, New York 12234
May 19, 2021
TO: BOCES District Superintendents
School District Superintendents
School District Business Officers Charter
School Leaders
FROM:
Phyllis D. Morris, Chief Financial Officer
RE:
Information for Local Educational Agencies (LEAs) on Federally Required
Plans for American Rescue Plan (ARP) Elementary and Secondary School
Emergency Relief (ESSER) Funds
The U.S. Department of Education’s (USDE’s) ARP-ESSER Interim Final Requirements (IFR)
require each LEA receiving ARP-ESSER funds to:
1. Develop a plan for the safe return to in-person instruction and continuity of services (as
also required by the federal ARP statute); and,
2. Develop a plan for the use of ARP-ESSER funds.
LEA Plan for Safe Return to In-Person Instruction and Continuity of Services
NYSED will permit previously developed LEA re-opening plans to satisfy the ARP statutory
requirement for the safe return to in-person instruction and continuity of services. LEAs must
make any necessary updates to existing plans to conform with the USDE requirements within
30 days of receipt of ARP-ESSER funds and to review (and revise if appropriate) plans every six
months thereafter (until September 30, 2023). More details on the statutory LEA plan
requirements in the ARP Act and the LEA plan requirements in USDE’s IFR may be found below.
41
ARP Act Requirements:
• Section 2001(i)(1) of the ARP Act requires each LEA receiving ARP ESSER funds to
develop and make publicly available on its website, not later than 30 days after receiving
ARP ESSER funds, a plan for the safe return to in-person instruction and continuity of
services for all schools, including those that have already returned to in-person
instruction.
• Section 2001(i)(2) of the ARP Act requires that the LEA seek public comment on the plan
and take those comments into account in the development of the plan.
• Section 2001(i)(3) of the ARP Act states that an LEA that developed a plan for the safe
return to in-person instruction and continuity of services prior to the date of enactment
of the ARP Act will be deemed to have met the requirement to develop a plan under
section 2001(i)(1) as long as the plan meets the statutory requirements (i.e., is publicly
available on the LEA’s website and was developed after the LEA received and considered
public comment).
USDE’s Interim Final Requirement:
• An LEA’s plan must include how it will maintain the health and safety of students,
educators, and other school and LEA staff and a description of any policies it has
adopted regarding each of the CDC’s safety recommendations, including universal and
correct wearing of masks; modifying facilities to allow for physical distancing (e.g., use of
cohorts/podding); handwashing and respiratory etiquette; cleaning and maintaining
healthy facilities, including improving ventilation; contact tracing in combination with
isolation and quarantine in collaboration with the State, local, territorial, or the health
departments of Native American Nations; diagnostic and screening testing; efforts to
provide vaccinations to school communities; appropriate accommodations for children
with disabilities with respect to health and safety policies; and coordination with State
and local health officials.
• The plan must describe how the LEA will ensure continuity of services, including but not
limited to services to address students’ academic needs and the social, emotional,
mental health and other needs of students and staff, which may include student health
and food services.
• During the period of the ARP ESSER award established in section 2001(a) of the ARP Act
(i.e., until September 30, 2023), an LEA must periodically, but not less than every six
months, review its plan and revise as appropriate. Consistent with section 2001(i)(2) of
the ARP Act, an LEA must seek public input and take such input into account in
42
determining whether to revise its plan. If the LEA determines revisions are necessary, it
must seek public input on any proposed revisions (taking into consideration the timing
of significant changes to CDC guidance on reopening schools).
• If the LEA revises its plan, the revised plan must address each of the aspects of safety
currently recommended by the CDC, including any updated safety recommendations. An
LEA that developed a plan prior to enactment of the ARP Act that meets the
requirements under sections 2001(i)(1) and (2) of the ARP Act but does not address each
of the required aspects of safety established in this requirement must, as part of the
required periodic review, revise its plan consistent with these requirements no later
than six months after it last reviewed its plan.
• LEA plans must be in an understandable and uniform format and, to the extent
practicable, written in a language that parents can understand (or, if not practicable,
orally translated). Upon request by a parent with a disability, LEA plans must be
provided in an alternative format accessible to the parent.
LEA Plan for Use of ARP-ESSER Funds
NYSED will consider each LEA’s application for its base 90% ARP-ESSER allocation as meeting
the USDE LEA ARP-ESSER use of funds plan requirement, provided the required elements of the
plan are built into the LEA’s application, combined with a budget, and then publicly posted after
being developed with public input. NYSED will structure the LEA application to capture the
required elements in USDE’s IFR. More details on the LEA plan requirements in USDE’s IFR may
be found below.
USDE’s Interim Final Requirement:
USDE’s IFR states that each LEA that receives ARP ESSER funds must develop, submit to the SEA
on a reasonable timeline determined by the SEA, and make publicly available on the LEA’s
website a plan for the LEA’s use of ARP ESSER funds. The plan, and any subsequent revisions ,
must, at a minimum, include a description of:
• The extent to which and how the funds will be used to implement prevention and
mitigation strategies that are, to the greatest extent practicable, consistent with the
most recent CDC guidance on reopening schools, in order to continuously and safely
open and operate schools for in-person learning;
• How the LEA will use the funds it reserves under section 2001(e)(1) of the ARP Act to
address the academic impact of lost instructional time through the implementation of
43
evidence-based interventions, such as summer learning or summer enrichment,
extended day, comprehensive afterschool programs, or extended school year;
• How the LEA will spend its remaining ARP ESSER funds consistent with section
2001(e)(2) of the ARP Act; and
• How the LEA will ensure that the interventions it implements, including but not limited
to the interventions implemented under section 2001(e)(1) of the ARP Act to address
the academic impact of lost instructional time, will respond to the academic, social,
emotional, and mental health needs of all students, particularly those students
disproportionately impacted by the COVID-19 pandemic, including students from low-
income families, students of color, English learners, children with disabilities, students
experiencing homelessness, children in foster care, and migratory students.
An LEA must engage in meaningful consultation with stakeholders and give the public an
opportunity to provide input into the development of its plan. Specifically, an LEA must consult
with students; families; school and district administrators (including special education
administrators); and teachers, principals, school leaders, other educators, school staff, and their
unions.
Additionally, an LEA must consult with the following organizations if located in, or served by,
the LEA: Native American Nations; civil rights organizations (including disability rights
organizations); and stakeholders representing the interests of children with disabilities, English
learners, children experiencing homelessness, children in foster care, migratory students,
children who are incarcerated, and other underserved students.
Each LEA’s ARP ESSER plan must be in an understandable and uniform format and, to the extent
practicable, written in a language that parents can understand (or, if not practicable, orally
translated). Upon request by a parent with a disability, LEA plans must be provided in an
alternative format accessible to the parent.
Please direct questions to the Office of ESSA-Funded Programs at (518) 473-0295 or via e-mail
at CARESAct@nysed.gov .
cc: Commissioner Betty Rosa Sean Giambattista
Sharon Cates-Williams Jason Harmon
Kim Wilkins David Frank
44
APPENDIX E – LIST OF THOUGHTEXCHANGE PUBLIC ENGAGEMENT
STAKEHOLDERS
List of ThoughtExchange Public Engagement Stakeholders
• A. Philip Randolph Institute (APRI)
• Advocates for Children of New York (AFC)
• Alternative Education Listserv
• Association of School Business Officials
• Big 5 School Districts Board of Cooperative Education Services listserv
• Brooklyn Center for Independence of the Disabled
• Center for Family Representation
• Child Welfare Organizing Project
• Class Size Matters
• Coalition for Educational Justice (CEJ)
• Coalition for the Homeless
• Council of School Supervisors and Administrators
• Charter School Listserv
• District Superintendents Listserv
• Empire State Supervisors and Administrators Association
• Every Person Influences Children (EPIC)
• Excellent Education for Everyone
• Family Resource Network, Inc.
• GO Project
• Hispanic Federation
• Independent Living Centers
• Kings Park Advocates for Education
• Kingston Teachers' Federation
• Long Island Parent Center
• Make the Road
• Migratory Youth Listserv
• My Brother's Keeper Listserv
• National Association for the Advancement of Colored People (NAACP)
• National Center for Children in Poverty
• National Down Syndrome Society
• Native American Nations contact list
• Network for Youth Success
• New York Communities for Change (NYCC)
• New York State Association of School Nurses
• New York State Association of Small City School Districts
• New York State Council of School Superintendents
• New York State Education Department P-12 Newsletter
45
• New York State Federation of School Administrators
• New York State Office for People with Developmental Disabilities
• New York State Office of Alcohol and Substance Abuse Services
• New York State Office of Children and Family Services (Requested that OCFS share with
its listservs for detention, Runaway and Homeless Youth shelters, foster care congregate
care facilities and juvenile justice facilities)
• New York State Parent and Teacher Association
• New York State Parent Education and Awareness Program
• New York State School Boards Association
• New York State United Teachers
• North Country Alliance for Public Education
• New York State Nurses Association
• New York State Parenting Education Partnership
• Office of Bilingual Education and Work languages Listserv
• Office of Special Education Listserv
• Ossining Citizens for Schools
• Oswego County for Public Education Discussion Group
• Parent Network of the Capital Region
• Parent Network of Western New York
• Parent to Parent of New York State
• Parent Voices NY
• ParentChild+
• Parents/guardians to Improve School Transportation (PIST)
• Parent/Guardian Listserv
• PICO National Network
• Port Washington Advocates for Public Education
• Principals Listserv
• Regional Bilingual Education Resource Networks
• Resources for Children with Special Needs, Inc
• School Administrators Association of New York State
• Students Experiencing Homelessness Listserv
• StudentsFirstNY
• Teachers listserv
• The Albany Parent Advocacy
• The Child Center of NY
• The Network for Public Education (NPE)
• The New York Immigration Coalition
• The Westchester Institute for Human Development
• Title I Practitioners Listserv
• UnitedNY
• United Federation of Teachers
• Urban Youth Collaborative
46
APPENDIX F - ARP ESSER STAKEHOLDER FEEDBACK GATHERED VIA
THOUGHTEXCHANGE
ARP ESSER Stakeholder Feedback Gathered via ThoughtExchange
Participants were highly engaged via “ThoughtExchange,” an online conversation tool NYSED
used to crowdsource thoughts and ideas. Participants’ comments are captured in an online
report at https://my.thoughtexchange.com/report/77b55a6fedb538e271da8acf52dca311 that
shows the top-ranked thoughts and groups them together by keywords under themes. For
example, thoughts surrounding ‘Pathways, Special Classes, Extracurricular Activities” were
grouped under that theme. The report is interactive, enabling viewers to:
• use filters to see how comments were rated by users from different regions, higher
education sectors, or roles (i.e., administrators, faculty, or staff);
• hover over different themes and click to see the thoughts that fall under that specific
theme.
As of May 25, 2021, almost 5,000 participants have provided 6,844 unique responses and over
95,000 ratings. Of the respondents, 37% are parents/guardians of a current student, 36% are
faculty, staff or an educator, 7% are district level administrators, 4% are building-level
administrators, and 16% identify as “other.”
Concerns about additional supports for students, smaller class sizes, additional supports for
teachers, and the need for student enrichment opportunities were the single biggest set of
issues raised on ThoughtExchange making up the top ten ThoughtExchange comments.
Figure 2. Top 10 ranked comments
1 We need more counselors for students.
2 Smaller class sizes.
3 Additional supports for teachers.
4 Making sure that educators feel secure and safe to assist all students and that
educators also have emotional support.
5 Students need more enrichment activities.
6 Students need more arts-focused enrichment activities.
7 Counselors are needed in every school.
8 School needs to be well staffed to support the challenges of students returning
back to school.
47
9 Smaller class sizes.
10 Additional teacher aides are needed.
Figure 3. Different issues rose to the top among different groups
Groups Top-Ranked Comments
Increasing reading and writing skills with systematic
Parents/Guardians monitoring of specific skills to assess growth of students in
all early grades to ensure mastery.
Every school in the state should have a librarian and a
Faculty/Staff/Educators
library.
District-level Administrators The need for culturally responsive education.
Building-level Administrators The importance of mental health supports.
Charter School Supports for students with disabilities and mental health
Faculty/Staff/Educators issues.
Charter School The need for emotional support services.
Leader/Administrators
School Board Members Facilities needs post-pandemic.
48
USDOE Template Appendix A: School Operating Status and Instructional
Mode Data
Table 1. New York State Instructional Modes 2020-2021 School Year
All Students
Based on Basic Educational Data System (BEDS) Day Enrollment (October 7, 2020)
Offered to all
Reopening Mode Number of Schools Number of Students students attending
the schools?
Remote or online only 664 372,999 Y
Hybrid - school
buildings open with
both remote/online 3,293 1,813,434 Y
and in-person
instruction
Fully In-Person –
school buildings open
453 174,597 Y
with full-time in-
person instruction
Table 2. New York State Instructional Modes 2020-2021 School Year
Percentage Served by Subgroup
Based on BEDS Day Enrollment (October 7, 2020)
Student Group % Hybrid % In-Person % Remote
All Students 77% 7% 16%
Economically
81% 4% 15%
Disadvantaged
Black/African American 78% 1% 20%
Latinx/Hispanic 83% 3% 14%
Asian/Pacific Islander 86% 6% 8%
White 70% 13% 17%
Multiracial 70% 9% 21%
American Indian 85% 2% 13%
English Language Learners 83% 3% 14%
Students with Disabilities 80% 6% 14%
49
USDOE Template Appendix B: Reporting Language Included in the Grant
Award Notification (“GAN”)
As described in the Grant Award Notification (“GAN”), the SEA will comply with, and ensure
that its LEAs comply with, all reporting requirements at such time and in such manner and
containing such information as the Secretary may reasonably require, including on matters such
as:
• How the State is developing strategies and implementing public health protocols
including, to the greatest extent practicable, policies and plans in line with the CDC
guidance related to mitigating COVID-19 in schools;
• Overall plans and policies related to State support for return to in-person instruction
and maximizing in-person instruction time, including how funds will support a return to
and maximize in-person instruction time, and advance equity and inclusivity in
participation in in-person instruction;
• Data on each school’s mode of instruction (fully in-person, hybrid, and fully remote) and
conditions;
• SEA and LEA uses of funds to meet students’ social, emotional, and academic needs,
including through summer enrichment programming and other evidence-based
interventions, and how they advance equity for underserved students;
• SEA and LEA uses of funds to sustain and support access to early childhood education
programs;
• Impacts and outcomes (disaggregated by student subgroup) through use of ARP ESSER
funding (e.g., quantitative and qualitative results of ARP ESSER funding, including on
personnel, student learning, and budgeting at the school and district level);
• Student data (disaggregated by student subgroup) related to how the COVID-19
pandemic has affected instruction and learning;
• Requirements under the Federal Financial Accountability Transparency Act (“FFATA”);
and
• Additional reporting requirements as may be necessary to ensure accountability and
transparency of ARP ESSER funds.
50
USDOE Template Appendix C: Assurances
By signing this document, the SEA assures all of the following:
• The SEA will conduct all its operations so that no person shall be excluded from
participation in, be denied the benefits of, or be subject to discrimination under the ARP
ESSER program or activity based on race, color, national origin, which includes a
person’s limited English proficiency or English learner status and a person’s actual or
perceived shared ancestry or ethnic characteristics; sex; age; or disability. These non-
discrimination obligations arise under Federal civil rights laws, including but not limited
to Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments Act of
1972, section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of
1975. In addition, the SEA must comply with all regulations, guidelines, and standards
issued by the Department under any of these statutes;
• The SEA will comply with all ARP Act and other ARP ESSER requirements and all
requirements of its Grant Award Notification, including but not limited to:
o Complying with the maintenance of effort provision in section 2004(a)(1) of the
ARP Act, absent a waiver by the Secretary pursuant to section 2004(a)(2) of the
ARP Act; and
o Complying with the maintenance of equity provisions in section 2004(b) of the
ARP Act, and ensuring its LEAs comply with the maintenance of equity provision
in section 2004(c) of the ARP Act (please note that the Department will provide
additional guidance on maintenance of equity shortly);
• The SEA will allocate ARP ESSER funds to LEAs in an expedited and timely manner and,
to the extent practicable, not later than 60 days after the SEA receives ARP ESSER funds
(i.e., 60 days from the date the SEA receives each portion of its ARP ESSER funds). An
SEA that is not able to allocate such funds within 60 days because it is not practicable
(e.g., because of pre-existing State board approval requirements) will provide an
explanation to the Department within 30 days of receiving each portion of its ARP ESSER
funds (submitted via email to your Program Officer at [State].OESE@ed.gov (e.g.,
Alabama.OESE@ed.gov)), including a description of specific actions the SEA is taking to
provide ARP ESSER funds to LEAs in an expedited and timely manner and the SEA’s
expected timeline for doing so;
• The SEA will implement evidence-based interventions as required under section 2001(f)
of the ARP Act and ensure its LEAs implement evidence-based interventions, as required
by section 2001(e)(1) of the ARP Act;
• The SEA will address the disproportionate impact of the COVID-19 pandemic on
underserved students (i.e., students from low-income families, students from racial or
ethnic groups (e.g., identifying disparities and focusing on underserved student groups
by race or ethnicity), gender (e.g., identifying disparities and focusing on underserved
student groups by gender), English learners, children with disabilities, students
experiencing homelessness, children and youth in foster care, and migratory students),
as required under section 2001(f) of the ARP Act, and ensure its LEAs address the
disproportionate impact of the COVID-19 pandemic on underserved students (i.e.,
51
students from low-income families, students from racial or ethnic groups, gender,
English learners, children with disabilities, students experiencing homelessness, children
and youth in foster care, and migratory students), as required by section 2001(e)(1) of
the ARP Act; and
• The SEA will provide to the Department: (1) the URL(s) where the public can readily find
data on school operating status and (2) the URL(s) for the SEA and/or LEA websites
where the public can find the LEA plans for a) the safe return to in-person instruction
and continuity of services required under section 2001(i) of the ARP Act, and b) use of
ARP ESSER funds. SEAs should consider ensuring a standardized URL format in all cases
(e.g., xxx.gov/COVIDplan).
52
General Education Provisions Act (GEPA) Statement
New York State remains committed to ensuring equitable access to, and participation in, its
Federally-assisted programs for students, teachers, and other program beneficiaries with
special needs through the implementation of several laws and regulations. The State Education
Department does not discriminate on the basis of age, color, religion, creed, disability, marital
status, veteran status, national origin, race, gender, genetic predisposition or carrier status, or
sexual orientation in its educational programs, services and activities. In New York, all local
educational agencies must comply with NYS Education Law § 3201 which states that
discrimination on account of race, creed, color or national origin is prohibited. Further,
Education Law § 3201 requires that no person shall be refused admission into or be excluded
from any public school in the state of New York on account of race, creed, color or national
origin.
New York State will use American Rescue Plan Elementary and Secondary School Emergency
Relief Funds to provide emergency support to LEAs that will address the impact the Novel
Coronavirus Disease 2019 (COVID-19) has had, and continues to have, on elementary and
secondary schools. These funds will support the on-going functionality of the LEAs and promote
educational equity by providing necessary support to the LEAs during this time.
53
1 Dorn, E., Hancock, B., Sarakatsannis, J., & Viruleg, E. (2020). COVID-19 and student learning in the United States: The hurt
could last a lifetime. McKinsey & Company.
2 Public School Review Diversity Report
3 NYSED Reopening Framework Guidance
4 NYSED Rethink Grant Overview
5 COVID-19 Cases New York by County
6 Level 1 Centers are educational entities supported through BOCES or the two district-wide Level 1 Centers, that offer 21st-
century classroom tools to optimize student achievement. Each Level 1 Center offers different services from one another and
may support different products or vendors for these services. Collaboration on service and software contracts occurs regularly
in the following areas: Administrative systems; Data analysis, integration and verification; Integration of technology; and
Technical support
7 Best Practices Clearinghouse
8 Schnitzler, K., Holzberger, D., & Seidel, T. (2020). All better than being disengaged: Student engagement patterns and their
relations to academic self-concept and achievement. European Journal of Psychology of Education, 1-26.
9 Dorn, E., Hancock, B., Sarakatsannis, J., & Viruleg, E. (2020). COVID-19 and learning loss—disparities grow and students need
help. McKinsey & Company, December, 8.
10 Kuhfeld, Megan, James Soland, Beth Tarasawa, Angela Johnson, Erik Ruzek, and Jing Liu. (2020). Projecting the potential
impacts of COVID-19 school closures on academic achievement. (EdWorkingPaper: 20-226). Retrieved from Annenberg Institute
at Brown University
11 Ibid
12 PACE University Education Policy
13 For the sake of this proposal, NYSED is defining the “hardest-hit” counties from an educational perspective by multiplying the
total percentage of the county population that has tested positive for COVID-19 by the percent of economically disadvantaged
students within the county. This approach takes into account both the health and economic effects of the pandemic.
14
NYSED Memo on Information for LEAs on Federally Required Plans for ARP ESSER Funds
15 NY Charter Schools Remote Instruction During COVID-19
16 Jagers, R., Rivas-Drake, D., and Borowski, T. (2018) Toward Transformative Social and Emotional Learning: Using an Equity
Lens. Measuring SEL: Using Data to Inspire Practice. Chicago: CASEL.
17 Vervoort-Schel, J., Mercera, G., Wissink, I., Mink, E., van der Helm, P., Lindauer, R., & Moonen, X. (2018); Metzler, M.,
Merrick, M.T., Klevens, J., Ports, K.A, & Ford, D.C. (2017).
18 NIMH 5 Things You Should Know About Stress
19 Data Resource Center for Child and Adolescent Health
20 Ring The Alarm
21 Kittelman, et. al, (2019)
22 Kittelman, et. al, (2019)
23 See the work of Zaretta Hammon, author of Culturally Responsive Teaching and the Brain (2014).
24 Collaborative for Academic, Social, and Emotional Learning, 2020.
25 Kearney, C. A., & Childs, J. (2021). A multi-tiered systems of support blueprint for re-opening schools following COVID-19
shutdown. Children and Youth Services Review, 122, 105919.
26 Kuhfield, M., & Tarasawa, B. (2020). The COVID-19 Slide: What Summer Learning Loss Can Tell Us about the Potential Impact
of School Closures on Student Academic Achievement. Brief. NWEA.
27
Dr. David E. Kirkland, PhD Website
28 Tsolou, O., Babalis, T., & Tsoli, K. (2021). The Impact of COVID-19 Pandemic on Education: Social Exclusion and Dropping out
of School. Creative Education, 12(03), 529.
29 Data on Student Homelessness in NYS
30 Research Summary: Supporting Homeless Children and Youth through Proactive and Positive Behavior Management and
Intervention Practices, National Center for Homeless Education, July 2014
31
National Center for Homeless Education – Chronic Absences
32 Based on internal data provided to the National Center for Homeless Education for the 2018-19 SY
33 Based on internal data provided to the National Center for Homeless Education for the 2018-19 SY
34 Pavlakis, A. E., Roberts, J. K., Richards, M. P., Hill, K., & Mirakhur, Z. (2020). Identifying and Supporting Students Experiencing
Homelessness. Brief No. 5. EdResearch for Recovery Project.
35 Brown, D. J. (2020). Educating Children and Youth Experiencing Homelessness by Funding Local Implementation: Compliance
for Positive Student Outcomes under the McKinney-Vento Homeless Assistance Act.
54
36 State of Homelessness: 2020 Edition
37 Who Will Run the Soup Kitchens?
38 Covid 19 and the Homeless (2020) SchoolHouse Connection and Poverty Solutions
39 Ingram, E. S., Bridgeland, J. M., Reed, B., & Atwell, M. (2017). Hidden in Plain Sight: Homeless Students in America's Public
Schools. Civic Enterprises.
40 NYS Teach
41 USDOE Education for Homeless Children and Youth Program
42 COVID-19 Effects on Child Welfare System
43 United Hospital Fund
44 The Coronavirus Will Make Child Care Deserts Worse and Exacerbate Inequality
45 Resources Now Available to Better Support Students in Foster Care by Increasing Opportunities for Them to Remain in the
Same School
46 NYS Migrant Education Program
47 Migration Policy Institute
48 How the Pandemic has Affected Migrant Children
49 How the Pandemic has Affected Migrant Children
50 NYSED ARP ESSER ThoughtExchange Dashboard
51 NYSED Reopening Schools Website
52 NYSED Reopening Guidance for NYS Schools
53 NYSED Recording and Reporting Attendance and Hours of Instruction for In-Person and Remote Instruction in the 2020-21
School Year Memo
54 Ibid
55 Seo, R. (2020). Interorganizational learning for R&D consortium performance: a social capital perspective. Journal of
Knowledge Management.
56 Guidance to Schools Regarding Novel Coronavirus
57 Overcoming Challenges Resulting from COVID-19
58 COVID-19 Testing in NYS Schools Resources
59 NYS Center for School Health
60 NYS DOH Pre-K to Grade 12 COVID-19 Toolkit
61 NYS Center for School Health
62 NYS Center for School Safety
63 NYS Safe and Supportive Schools Technical Assistance Center
64 NYSED Safe and Supportive School Grants
65
NYSED ARP ESSER Application Information Memo for LEAs – May 12, 2021
66 NYSED Reopening Regional Task Force Meetings
67 NYSED Reopening Phases of Work and Areas of Focus
68 Resources from the NYSED Office of Bilingual Education and World Languages and English Language Learner Leadership
Council
69 NYSED English Language Learner and Multilingual Learner Educator Tools and Best Practices
70 CUNY Initiative on Immigration and Education
71 CUNY External Resources
72 NYSED Office of Special Education
73 NYSED Commissioner’s Advisory Panel for Special Education Services
74 NYSED Special Education Technical Assistance Resources
75 NYSED SEQA Regional Offices
76 NYSED Special Education COVID-19 Resources and Guidance
77 Ibid
78 NYSED Digital Equity Summit Details
79 NUSED Digital Equity Data
80 NYSED Cares Act Funding Memo
81 NYS 2020 CARES Act Budget Language
82 Coronavirus Response and Relief Supplemental Appropriations Act
83 Federal Coronavirus Response and Relief Supplemental Appropriations Act
84 21st Century Community Learning Centers
85 Program Resources for Out of School Time Program Planning
86 Expanded Learning Opportunities
55
87 NYS Community Schools Technical Assistance Center
88 COVID Response Resources
89 Resource Collection for English Language Learners
90 Resource Collection for English Language Learners and World Language Students
91
NYSED Memo on Information for LEAs on Federally Required Plans for ARP ESSER Funds
92 Multi-Tiered System of Supports
93 2020 Abstracts: New York
94 NYS Response to Intervention
95
The Mental Health Association of New York State Mental Health First Aid Training Website
96
SAMHSA National Registry of Evidence-based Programs and Practices Website
97
SAMHSA Project AWARE (Advancing Wellness and Resiliency in Education) State Education Agency Grant Website
98
The Mental Health Association of New York State Mental Health First Aid Training Website
99
SAMHSA National Registry of Evidence-based Programs and Practices Website
100
SAMHSA Project AWARE (Advancing Wellness and Resiliency in Education) State Education Agency Grant Website
102
NYSED ARP ESSER Application Information Memo for LEAs – May 12, 2021
103 Dorn, E., Hancock, B., Sarakatsannis, J., & Viruleg, E. (2020). COVID-19 and learning loss—disparities grow and students need
help. McKinsey & Company, December, 8.
104 Kaffenberger, M. (2021). Modelling the long-run learning impact of the Covid-19 learning shock: Actions to (more than)
mitigate loss. International Journal of Educational Development, 81, 102326.
105 USDOE Teacher Shortage Areas
106 NYSED UPK Expansion Funding
107 NYSED My Brother’s Keeper Teacher Opportunity Corps II
108 NYSED Announcement of Funding Opportunity
109 NYSED Teachers of Tomorrow Program
110 NYS Center for School Health
56
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