Regents Take Action to Provide Schools Flexibility for the 2020-21 School Year

In recent months, the Board of Regents has acted to delay deadlines and relax certain requirements to assist schools and students in the unprecedented task of reopening school amid the COVID-19 pandemic. The stated goal of the Board of Regents in implementing these changes is to “provide flexibility to certain regulatory requirements in response to the COVID-19 crisis and to plan for the reopening of schools.” Below is a summary of several actions taken by the Board of Regents in furtherance of this goal:

• Pre-K Programs: Pre-K programs are permitted to operate for less than the 180-day and 90-day requirements in certain circumstances where such programs were scheduled to operate, but the school where the program operates is closed due to COVID.
• Data Privacy: The deadline for the adoption and publishing of data security and privacy policies by schools, required by the Education Law 2-d regulations issued earlier in the year, was moved from July 1, 2020 to October 1, 2020.
• Home Instruction: The home instruction program deadline for submission of the written notice of intention to instruct at home was extended from July 1, 2020 to August 1, 2020.
• Special Education: The Commissioner’s Regulations were revised to permit impartial hearing officers to conduct special education due process hearings by video conference during the COVID-19 crisis. In addition, hearing officers may extend cases up to 60 days (in lieu of the previous 30 day timeline) while schools are closed pursuant to an Executive Order relating to COVID-19, to allow better flexibility while school witnesses, administrators and parents are unavailable to partake in due process hearings.
• Curriculum and Instruction: An exemption has been provided to students from the unit of study requirements where the student is unable to meet the requirements due to schools being closed pursuant to an Executive Order relating to the COVID-19 crisis, and where the student otherwise achieves the learning outcomes.
• Health and Screening Waivers: The Commissioner’s Regulations have been amended to provide that hearing, vision, and scoliosis screenings required to be provided by public schools are waived for the 2020-21 school year, unless the screening is otherwise deemed necessary.
• Child Abuse Training: The deadline to complete child abuse in an educational setting training has been extended until September 30, 2020.
• English Language Learners: Days where schools are ordered to close have been excluded from the timelines required for: (1) English language learner identification process timeline, (2) parental notification and information timeline, and (3) the English as a New Language/Bilingual Education placement timeline.

In addition to the regulatory changes implemented to date, SED has advised that further regulatory changes to address potential interruptions caused by COVID-19 will be presented to the Board of Regents in the upcoming weeks.

If you have any questions regarding revised deadlines and legal requirements for the 2020-21 school year, feel free to contact Jeff Lewis at jmlewis@ferrarafirm.com or at one of the telephone numbers listed below.