Since 1963, the New York State Speech-Language-Hearing Association, Inc. has been the force that unites speech language pathologists and audiologists, amplifying their voices into a message heard clearly in the halls of the state Capitol, legislative offices and regulatory agencies.
Advocating for the professions doesn’t happen by chance. Skilled lobbying—enhanced by effective public relations efforts—is necessary to make sure our point of view is heard. But most importantly, you are necessary. Please join us as we work on key issues that affect the environment we work in and the clients we serve.
Government Affairs Update: August, 2020
July Special Session
In late July, the State Legislature returned to Albany for four days of a remote Legislative Session to address local bills, confirmation of appointees to State bodies, and a number of policy issues. The State Capitol remained closed to the public and only a few people were permitted in the chambers. Many legislators participated virtually from home. Although they did not set a date for a return to Albany, lawmakers may need to reconvene in August to address the State’s budget deficit estimated at between $13 and $15 billion.
Republicans in both houses pushed for a repeal of powers given to Governor Andrew Cuomo in March to amend any state law, regulation, or rule during the COVID-19 pandemic emergency but the issue was not brought up for a vote in either house.
Status of State’s Fiscal Condition
The State is currently facing a $13 to $15 million deficit. The emergency powers granted to the Governor in March include significant authority to adjust or reduce funds as necessary on a periodic basis to ensure a balanced budget. Adjustments are to be done uniformly, across the board, or by specific appropriations, as needed. The Division of the Budget (DOB) is required to notify the Legislature 10 days prior to any reduction or adjustment. The Legislature may, by concurrent resolution, reject the proposed action(s) and present an alternative plan. Failure to present an alternative within 10 days will result in the implementation of DOB’s plan.
Governor Cuomo has repeatedly urged Congress to provide funds for aid to State and local governments when they return for their July Session. The Governor said that the failure to do so would be “devastating news for the entire country.” If sufficient funds are not forthcoming, the Governor will impose across the board cuts of 20% or more in education, health care and other sectors. All eyes are now on Washington to determine whether a federal relief package will assist New York and other states with their significant budget shortfalls.
School Re-Opening
On July 16, the New York State Education Department (SED) released their Reopening Guidance, Recovering, Rebuilding, and Renewing: The Spirit of New York’s Schools.
The 144-page document was developed after the Board of Regents convened four virtual regional Task Force meetings across the State from June 15 through June 24. It also includes guidance that was provided by SED to the field from early March through the end of June 2020.
Local Education Agencies (LEAs) must ensure that the mandatory elements outlined in this document and in the guidance released by NYS DOH on July 13 are included in their reopening plans. Once finalized, Re-Opening Plans must be posted on the LEAs website in a location that can be easily located.
The Guidance Document focuses on 12 areas: Health and Safety; Facilities; Nutrition; Transportation; Social-Emotional Well-Being; School Schedules; Budget and Fiscal; Attendance and Chronic Absenteeism; Technology and Connectivity; Teaching and Learning; Special Education; Bilingual Education and World Challenges; and Staffing and Human Resources.
Below is a brief summary of areas of interest to NYSSLHA members. The full document can be found at http://www.nysed.gov/reopening-schools/recovering-rebuilding-and-renewing-spirit-new-yorks-schools-reopening-guidance
We expect SED to issue further guidance specific to 4410 and 853 schools.
Health and Safety
Schools and districts will be required to perform health checks and screenings per New York State Department of Health (NYS DOH) guidance, and recognize signs and symptoms of illness; 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 in accordance with the CDC and NYS DOH.
Facilities
Schools should promote social distancing while maintaining existing safety requirements to protect students.
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.
Special Education (pages 112-121)
Schools and school districts should consider in-person services a priority for high-need 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. School reopening plans must provide a framework to ensure that all students receive a free and appropriate public education (FAPE). The guidance document contains links and FAQs regarding the implementation of special education services and the provision of FAPE during the COVID-19 public health crisis. See pages 112-121.
Pending Legislation
Hearing Aid Dispensing by Physicians for Profit (A89 Buchwald, S5131 Harckham/A8163 Buchwald & S2565 Bailey)
For the 16th year in a row, legislation is pending that would allow a physician practice that employs an audiologist to profit from the sale of a hearing aid that is ordered by an otolaryngologist within the practice.
In addition, new legislation was introduced in 2019 to provide for a pilot program in Westchester County for dispensing of hearing aids for a profit (S5131 Harckham/A8163 Buchwald). In 2019, the bill passed the Senate but was not advanced in the Assembly. Senator Harkham indicated that he would not seek passage of this bill this year.
Status:
A89 (Buchwald): Assembly Higher Education Committee
S5131 (Harkham)/A8163 (Buchwald): Assembly Health Committee/Senate Higher Education
S2565 (Bailey): Senate Consumer Protection Committee
Licensure of Music Therapists (S3386 Kaplan/A4272 Solages)
Legislation was first introduced in 2017 to license music therapists under a new Article 163-A of the State Education Law. Music therapists are currently licensed in the State Education Law under Creative Arts Therapy which is a subset of Mental Health Practitioners (Article 163, State Education Law). The bill establishes a scope of practice for professional and clinical music therapy, prevents persons lacking a license from practicing music therapy, and establishes standards for education and licensure.
On June 10, 2019 Senator Kaplan’s Legislative Director convened a “Roundtable Discussion” on the bill with representatives from NYSSLHA, the Licensed Creative Arts Therapists, (LCATS), the office of Assembly member Solages, and staff to the Assembly Speaker, Senate Majority Leader, and Chairpersons of the Senate and Assembly Higher Education Committees.
NYSSLHA representatives were Tracy Panzarella, Jack Pickering, Wendy Papir Bernstein, Shauneen McNally, and Kayla Bogdanowicz. Attendees on behalf of LCATS included Donna Polen, Chair of the NYS Music Therapy Task Force, Elizabeth Schwartz, Member of the NYS Music Therapy Task Force, Brian Hunter, Professor of Music and Chair of Creative Arts Therapy Department at Nazareth College, and retained counsel and lobbyist for the Music Therapy Association, Diana Georgia, Elk Street Group.
The meeting wrapped up with the participants agreeing that the bill would not be addressed in the 2019 Legislative Session which concluded in late June.
We do not expect action on this bill this year. However, we are closely monitoring the situation.
Status:
Senate and Assembly Higher Education Committees.
NOVEMBER 3, 2020 ELECTION DAY
On Tuesday, November 3rd, all 213 State legislators are up for re-election for another two-year term. The Assembly, comprised of 150 members, is expected to retain a supermajority. In the 63-member Senate, Democrats are expected to maintain and perhaps increase their majority hold.