Governor Kathy Hochul meets with State Police, State Education Department on school safety (March 31, 2023)

While New York State has heightened monitoring in response to over a dozen “swatting” calls received by school districts last week, Jamestown Public Schools has also provided a safety update.

Governor Kathy Hochul met with state public safety and education leaders on Friday to coordinate preparedness and safety measures to ensure all school districts and local police have the latest guidance on school safety protocols.

Hochul, New York State Police, and the State Education Department issued a letter to school leaders directing them to review preparedness and safety measures in the wake of Monday’s school shooting in Nashville and increased “swatting” calls.

The state recommended that in the aftermath of the shooting and subsequent false threats of violence, school officials may wish to postpone any scheduled drills to reduce the risk of additional trauma to students and staff while maintaining awareness of processes and procedures to keep students and staff safe.

They also recommended schools that conduct drills should do so with the utmost care and caution and inform all participants that it is a drill.

The state also said that schools should immediately review building-level response plans, meet with staff assigned to critical Incident Command System roles, and follow annual drill requirements.

In a notice sent out by Jamestown Public Schools on Friday, Superintendent Dr. Kevin Whitaker laid out existing safety measures in the district as well as measures that will be implemented soon that include Incident Command System refresher training for building leaders, upgrades to door access systems district-wide, upgraded door alarms, a violence interrupter program in the community, and upgrades to security system and camera systems.

Dr. Whitaker again encouraged volunteer to join the district’s Community Safety Committee. Those who are interested may call (716) 483-4420.

Cassadaga Valley Central School

Cassadaga Valley Central School will receive over $203,000 to expand access to its pre-Kindergarten program.

The funding is part of $11.7 million announced by Governor Kathy Hochul to expand access to full-day pre-K programs aross New York State. This funding is set to create up to 17,500 additional pre-K seats statewide.

Additional pre-K funding will be available later this fiscal year through another competitive award process that will be administered by the State Education Department. School districts seeking to start or expand their pre-K offerings are encouraged to apply.

Jamestown Public Schools Superintendent Dr. Kevin Whitaker talks about the State Education Department‘s communication to districts on mascots.

Kevin Whitaker

Jamestown School Board meeting (December 6, 2022)

Jamestown Public Schools’ Superintendent is accusing New York State of dragging its feet in resolving a lawsuit over the state under funding poor school districts.

Dr. Kevin Whitaker said the state is trying to “smoke out” the remaining eight districts involved in the Small Cities lawsuit even though they know the funding formula is unjust to poor districts, “They believe that extending through legal means the timeline for which this process will take will cause districts, especially the poorer ones, to run out of money and drop out of the lawsuit. I think it’s despicable and I think they should own up to their fiscal mismanagement over the course of decades and take care of the kids who need it the most.”

The Jamestown School Board voted 5 to 2 on Tuesday to continue paying litigation fees in the amount of $20,000 in the Small Cities lawsuit, also known as Maisto v. New York. Shelly Leathers and Pat Slagle were the two no votes, citing concerns over spending more tax money on a case that doesn’t seem to have a defined end.

The case is currently in the remedy stage after the New York State Appellate Court rejected an appeal by then Governor Andrew Cuomo in August 2021 of the court’s decision. The unanimous decision by the Third Appellate Division in May 2021 overturned Cuomo’s position that education aid to the eight small city school districts, including Jamestown, was constitutionally sufficient.

Whitaker said the districts’ goals are to change state foundation aid formulas so it’s fair for all districts in the state and for the eight small city school districts to be reimbursed for the funds lost over several decades. He said the district should receive $30 to $40 million from the lawsuit that would go specifically toward academic intervention, “It would go to tutoring. It’s essentially money that we need to help catch kids catch up to their grade level peers. [Reporter “These are teachers? Different kind of programs?] Additional teachers, additional supports – It’s all of that. It’s the entire process of assisting kids throughout their learning to close the gaps that exist with poorer communities.”

Whitaker added the state is in arrears for over $100 million for the Jamestown Public Schools District, but he doubts the district will ever see that money. However, a change in formula would provide ongoing support to the district.

The Maisto plaintiffs started the case in 2008 because they believed their districts were not getting enough educational funding/resources to give their students, mainly poor and disadvantaged, what they needed to succeed and that this violated the state constitution.

On the mascot and nickname guidance that the State Education Department is supposed to provide to school districts, Whitaker said he heard the topic is on the agenda for the Regents’ December meeting next week. He said he wasn’t aware if it was just going to be discussed or if there would be any formal action taken on on the guidance.

Jamestown Public Schools Superintendent Dr. Kevin Whitaker said State Ed sent a communication to all districts last week following another school district losing its appeal in State Supreme Court to keep its Native American mascot and nickname.

He said while the letter was clear about districts needing to change imagery, the question remains about nicknames, “And so, what they said is that they will be developing regulation, which is different from guidance. They will be developing regulation that will tell school districts specifically where the boundaries are. And it is my understanding, from my contacts at State Ed, that these conversations are happening and they are getting specific.”

Whitaker said JPS is in a holding pattern until the new regulations come out from the state. He said there are various financial implications in these regulations, including the state withholding aid for districts who choose not to change their imagery or nickname, “And the state may withhold various funding sources, which would be disastrous as schools are not exactly funded to the nines. And the second expense that comes in is that even if you voluntarily change, there things like murals and sports fields and bleachers and uniforms that have to be changed if you’re changing a logo which is something we did, or a nickname, or both.”

Whitaker said while no timeline for when new regulations might come from State Ed have been provided, he’s hoping that districts will hear something by the end of the current school year.

Administered by the Office of Mental Health and developed in consultation with the New York State Education Department, the grant funds will be available between July 1 and December 31, 2022.

According to the OMH website, funds are to improve access to mental health resources; support students who have experienced stress, anxiety, and/or trauma; and support the adults surrounding them.

Under the direction of the County Department of Mental Hygiene, the Tapestry system of care will use the funds to expand existing efforts through community and staff training, faculty in-service days, in-school health and wellness events, placement of school-based mental health clinicians and therapeutic resources.

Governor Kathy Hochul reads to children on Long Island

Governor Kathy Hochul is highlighting a $125 million investment in early childhood education as part of the 2023 state budget.

The enacted budget uses the investment to expand access to full-day pre-K for four-year-old children, creating approximately 17,500 additional pre-K seats statewide. Of this $125 million, $100 million was allocated by formula and $25 million will be awarded through a competitive process administered by the State Education Department.

In addition to a significant expansion of pre-K seats, the budget includes a historic investment in child care. The budget more than doubles the State’s investment in child care with $7 billion in funding over four years. The income eligibility for subsidies is increased from 200 percent of the Federal Poverty Level to 300 percent, expanding access to more than half of young children in New York.

The budget also expands access to high quality child care by increasing the child care market rate to include 80 percent of providers, broadening the child care options available to subsidy families while also increasing reimbursements for child care providers. The budget also includes $343 million to support the child care workforce by providing stabilization grants to providers, with 75 percent of those grants dedicated to workforce supports, including wage increases, bonuses, tuition reimbursement, and contributions to staff retirement plans and health insurance costs. The budget also includes $50 million in capital grants for child care providers to construct, rehabilitate or renovate child care facilities, further enhancing programs that serve children and their families.

The pre-K and child care investments complement a record level of school funding in the budget. The budget provides $31.5 billion in total School Aid for school year 2023, the highest level of State aid ever. This investment represents a year-to-year increase of $2.1 billion, or 7.2 percent, compared to school year 2022, including a $1.5 billion or 7.7 percent Foundation Aid increase, representing the second year of Governor Hochul’s three-year commitment to fully fund Foundation Aid.

This makes New York the first state to approve legislation following shootings in Buffalo and Texas that left a total of 31 dead.

Lawmakers approved bills to broaden abortion protections and bolster voting rights, using the final hours of the 2022 legislative session to deliver the most robust response yet by a state in the face of federal gridlock.

Faced with a looming Supreme Court decision that could strike down Roe v. Wade, Democratic legislative leaders were fully behind a bill package aimed at protecting abortion service providers from legal or professional backlash, among other things.

Legislators also approved new measures to combat voter suppression under the John R. Lewis Voting Rights Act of New York, invoking the former congressman and civil rights leader in a nod to the voting rights bill that failed to pass in Congress.

Governor Kathy Hochul, who has already expressed support for many of the bills, is widely expected to sign them into law.

New York will now become the second state, following California, to pass legislation paving the way for the “microstamping” of shell cases with a unique alphanumeric code in order to trace the bullet back to the gun it was fired from. The bill, spearheaded by State Senator Brad Hoylman of Manhattan, is meant to help officials solve crimes, but some Republicans questioned the viability of the technology and argued it amounted to an unnecessary barrier for gun manufacturers.

The legislation that now makes the sale of body vests unlawful — except to police officers and other designated people — came after it was revealed that the 18-year-old gunman who killed 10 people at a Buffalo supermarket had worn body armor, an increasingly common feature in mass shootings that is typically loosely regulated.

New York — which already bans military-style assault rifles — will also join a handful of states that have raised the minimum age requirement to 21 from 18 for the purchase of some long guns, the same age as for handguns in New York. New buyers of such weapons will now be required to obtain a permit — which includes undergoing a background check and safety course — before the purchase of a semiautomatic rifle.

Hochul vocally lobbied for the legislation, but it could face legal challenges from the gun industry just as the Supreme Court is expected to issue a ruling this month that could strike down a New York law that sharply limits a person’s ability to carry a weapon outside the home, a potential win for gun-rights groups.

The bills, which cemented New York’s standing as one of the most Democratic statehouses in the country, came as President Biden delivered remarks on Thursday night urging Congress to pass a federal ban on assault weapons and new “red flag” laws.

But some lawmakers privately griped that the focus on national headline-grabbing issues had overshadowed conversation around more New York-centric concerns in the waning days of the legislative session.

Many in the party’s left wing were disappointed that some left-leaning legislation was not prioritized, from beefed-up protections against evictions to elder parole. Environmentally conscious legislation like the one that would allow the New York Power Authority to build publicly-owned renewable energy projects, passed in the Senate but remained unsettled in the Assembly.

Even so, lawmakers appeared poised to pass a two-year moratorium on cryptocurrency mining at fossil fuel plants. The proposal was passed by the Assembly, but stalled in the Senate, until late-night discussions on Thursday revived the measure. The bill, which is heavily opposed by the cryptocurrency industry, is the first of its kind in the country, aimed at addressing environmental concerns over the most energy intensive forms of crypto mining.

Less certain was the fate of a criminal justice reform bill that would seal most criminal records after formerly incarcerated individuals have completed their sentences. The bill — known as the Clean Slate Act — passed the Senate, but has been held up in the Assembly. The measure received an unexpected boost Thursday night, however, with the news that the New York State Education Department had come on board, stoking rumors of a last minute push.

There was a far broader consensus on abortion rights, as New York State leaders vowed to make the state a national leader on the issue following news reports that indicated the Supreme Court was poised to overturn the landmark decision from 1973 that made abortion legal across the country.

Lawmakers followed through on that pledge this week with bills aimed at strengthening New York’s existing laws and preparing the state for a surge of people seeking abortions from elsewhere.

One bill passed by both houses will sharply limit the ability of law enforcement from cooperating with criminal or civil cases in states where abortion is restricted. Others ensure doctors have access to malpractice insurance, and aren’t hit with professional misconduct charges for serving patients from states where abortion is a crime.

Still others aim to use the conversation around abortion rights to solidify other liberties under attack. One measure which has been passed by both houses protects the rights of individuals traveling to New York seeking reproductive care as well as transgender or nonbinary people seeking gender-affirming care.

An amendment to the State Constitution that would forbid discrimination based on pregnancy outcomes — or race, ethnicity, sexual orientation, or gender expression — was being hashed out well into the final week of the session, with lawmakers struggling to balance civil liberties with religious ones. As of Thursday, a compromise failed to emerge.

The John Lewis Voting Rights Act, which passed both the Senate and the Assembly, invokes a similarly named bill in Congress that would restore parts of the Voting Rights Acts of 1965 recently gutted by the Supreme Court. That bill passed the House of Representatives in 2021, but has twice failed in the Senate, where Democrats hold a slim majority.

The bill requires localities with demonstrated histories of discrimination to prove that any proposed changes to their election process will not result in voter suppression.It would also require more election materials to be translated for non-English speakers and offer voters legal protections in instances of obstruction or intimidation.

Legislative reporters said the State Senate finished voting around 2:30 this morning with the State Assembly expected to reconvene at 9:30 this morning to finish voting on measures.

Governor Kathy Hochul

Nassau County State Supreme Court has struck down Governor Kathy Hochul’s statewide mask mandate as unconstitutional.

WETM reports Judge Thomas Rademaker wrote that the governor does not have the authority to impose the mandate since emergency powers are no longer in place.

The court document states, “While the intentions of Commissioner Bassett and Governor Hochul appear to be well aimed squarely at doing what they believe is right to protect the citizens of New York State, they must take their case to the State Legislature.”

The mandate was enacted by Governor Hochul last month, requiring face coverings in schools and other public places, in order to mitigate the spread of the COVID-19 omicron variant.

Governor Hochul released the following statement in regards to the ruling:
“My responsibility as Governor is to protect New Yorkers throughout this public health crisis, and these measures help prevent the spread of COVID-19 and save lives. We strongly disagree with this ruling, and we are pursuing every option to reverse this immediately.”

The State Education Department also issued a statement, saying it was their understanding that the Department of Health will appeal the decision, “which will result in an automatic stay that will unambiguously restore the mask rule until such time as an appellate court issues a further ruling. Therefore, schools must continue to follow the mask rule.”

The State Education Department on Sunday emailed guidance to the roughly 700 New York school districts that said state agencies have agreed to wait until the U.S. Centers for Disease Control and Prevention responds to the state’s request Friday for more information before lifting the COVID-19 mask mandate in schools.

The updated guidance from the Education Department appears aimed at addressing confusion from schools after the state Department of Health on Friday abruptly notified the CDC that New York intends to lift its statewide mask requirement for schools today.

The state Education Department told districts Sunday that since no response has been received from the CDC on New York’s plan to lift the mask mandate, it will not change its policy for schools that requires students and staff to wear masks indoors and outdoors.

Jamestown Public Schools had posted on social media Sunday that they were still going to require masks on campuses as they hadn’t received any official guidance from the New York State Department of Health and “must therefore continue our current practices. Once we receive guidance, we will review it and consider any potential changes to our current COVID-19 mask protocols.”

The post said any changes to protocols will be communicated directly from the district to families and staff.