Education Department, State

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Agency Web Site: http://www.nysed.gov/

Mission

The State Education Department (SED) is the administrative agency of the Board of Regents. The Department's primary mission is to raise the knowledge, skill, and opportunity level of all the people in New York.

Organization and Staffing

The Board of Regents oversees the State Education Department, which was originally established by the Legislature in 1784 and subsequently continued in the State Constitution. The Board of Regents is comprised of 17 members – one for each of the State’s 13 judicial districts and four statewide members – who are elected by a joint session of the Legislature for staggered 5-year terms. The Board elects its chair, who holds the title Chancellor, and appoints the Commissioner of Education as the chief administrative officer of the Department. The Department’s central operations are located in the Education Building in Albany. The Department also has regional service facilities at various locations throughout the State.

Budget Highlights

The FY 2022 Executive Budget recommends $39.37 billion for the State Education Department, an increase of $604.5 million in funding from the FY 2021 Enacted Budget level.

The Executive Budget also projects a workforce of 2,650 FTEs for the State Education Department, a 1.6 percent decrease from the FY 2021 Enacted Budget projection.

Major budget actions include:

• Support for School Districts: The FY2022 Executive Budget provides a year-to-year increase of approximately $2.1 billion, or 7.1 percent, for the 2021-22 school year. This increase is largely driven by the $3.9 billion allocated to school districts under the federal Coronavirus Response and Relief Supplemental Appropriations (CRRSA) Act, more than offsetting a $607 million decrease in State support. These spending reductions may be restored if the State receives requested Federal COVID relief funds. Total district support for the 2021-22 school year is $31.7 billion, including School Aid, STAR reimbursement, the Local District Funding Adjustment, and federal CRRSA Act funding. Approximately 70 percent of this total funding is allocated to high-need school districts. The FY2022 Executive Budget contains two major changes to State support for school districts:

• $393 Million Reduction to 2021-22 Services Aid: Eleven existing expense-based aids totaling $3.7 billion for the 2020-21 school year, including Transportation Aid and BOCES Aid, are consolidated into a new block grant called “Services Aid.” These aids, which have been the target of reform for many years, are collectively much less progressive than Foundation Aid, with only 53 percent of aid provided to high-need districts, compared to 72 percent of Foundation Aid. Funding for these aids is reduced in 2021-22 is reduced to $3.3 billion. This reduction is fully offset for each school district by its allocation of CRRSA funds. These spending reductions may be restored if the State receives requested Federal COVID relief funds. Through eliminating future growth in these existing aid categories, this proposal would allow future State funding increases to be allocated more progressively through the Foundation Aid formula.

• $1.35 Billion Local District Funding Adjustment for the 2021-22 School Year: A Local District Funding Adjustment would be levied against other reimbursements to school districts. This $1.35 billion reduction to current law projected aid for the 2021-22 school year would be fully offset by school districts’ federal CRRSA funds. This reduction may be restored if the State receives requested Federal COVID relief funds.

• Federal Funding: The CRRSA Act provided approximately $4.3 billion to support schools in New York State, with the funds available to be spent through September 2023. This is in addition to the $1.2 billion in federal CARES Act funding provided for schools in March 2020, which can be spent through September 2022. The Act provides New York State with $4.0 billion through the Elementary and Secondary School Emergency Relief (ESSER) Fund and $323 million through the Governor’s Emergency Education Relief (GEER) Fund. Schools may generally use these funds for broad purposes, including general operating and pandemic-related costs.

• Allocation of Federal Funding: Of the ESEER funds, $3.6 billion (90 percent) must be allocated to school districts and charter schools in proportion to their federal Title I awards. The remaining $400 million (10 percent) of ESSER funds may be allocated by the State. The FY 2022 Executive Budget allocates $395 million of the remaining ESSER funds and the full $73 million of GEER funds to provide school districts of lower wealth with a minimum per pupil allocation. The State Education Department would retain $5 million to support program administration.

• Assistance For Nonpublic Schools: Unlike the CARES Act, which required school districts to use a portion of their allocations to provide equitable services to nonpublic schools, the CRRSA Act instead provides $249 million in dedicated GEER funds to support pandemic-related services and assistance to nonpublic schools, with $1 million to SED for program administration.

• Charter Tuition Rates: Charter school tuition rates for the 2021-22 school year would be reduced in proportion to school districts' combined reduction in expense-based aid and Local District Funding Adjustment as a percentage of their total General Fund spending. The 2022-23 tuition rates would then revert to their levels under current law in the absence of the 2021-22 rate reduction. However, a tuition reduction may not be taken in 2021-22 if the State receives requested Federal COVID relief funds.

• Supplemental Tuition Payments: In addition to other State aid payments to districts, which support charter tuition rates, the State also pays each school district approximately $1,000 per charter pupil to offset the cost of charter tuition payments. The Executive Budget proposes to capture roughly half of the savings that result from the reduction in 2021-22 charter tuition rates by lowering State reimbursement through supplemental tuition payments in FY 2022. State reimbursement would be restored to its current law level in FY 2023. This change is estimated to reduce State spending on this program by $35 million in FY 2022 compared to current law, to a total of $132 million, with districts statewide realizing net savings of $40 million. These FY 2022 spending reductions may be restored if the State receives requested Federal COVID relief funds.

• Eliminate NYC Charter Facilities Aid: The Executive Budget proposes to eliminate State reimbursement to New York City for the cost of charter school rental assistance in order to encourage the use of available co-located space within public facilities. New York City is required to either provide charter schools with co-located space or pay a portion of their rental costs for private facilities. Even though New York City school district enrollment has declined in recent years, opening up more space for co-locations, few new co-locations have been approved in recent years. This proposal will ensure the efficient and cost-effective use of educational space in New York City. Elimination of this State reimbursement is estimated to generate $47 million of savings in FY 2022. These FY 2022 spending reductions may be restored if the State receives requested Federal COVID relief funds.

• Nonpublic School Aid: Because of delayed issuance of claiming guidelines for 2020-21 school year aid, Nonpublic School Aid payments, provided through Mandated Services Aid (MSA) and the Comprehensive Attendance Program (CAP), will now occur in June 2021 instead of March 2021 when aid is typically paid. Subsequent years’ aid payments will be similarly delayed. $193 million will remain available for 2020-21 aid, which reimburses schools’ 2019-20 expenses, and schools will be held harmless from aid losses due to the spring 2020 school closures. However, 2021-22 aid will be reduced by 2 percent compared to 2020-21 aid, consistent with State support for school districts. Combined 2021-22 MSA and CAP funding will total $189 million. These spending reductions may be restored if the State receives requested Federal COVID relief funds. The Executive Budget will also establish claiming deadlines and require SED to prorate payments if claims exceed annual funding levels.

• Reimburse Pandemic-Related Transportation Costs: The FY 2022 Executive Budget proposes to make costs related to delivery of school meals and/or instructional materials during the spring 2020 school closures eligible for Transportation Aid. Under current law these costs are not eligible for State aid. Nearly three-quarters of school districts statewide indicate that they incurred costs related to the delivery of school meals or instructional materials during the spring 2020 school closures, consistent with the Governor’s Executive Orders for districts to develop plans for alternative instruction options and for the distribution and availability of meals during pandemic-related school closures.

• Eliminate Teacher Support Programs: In recent years, the State has provided $27.4 million annually for several recurring teacher support and training programs, including the Teachers of Tomorrow Program ($25 million), Teacher Mentor Intern Program ($2 million) and the Albert Shanker Grant Program ($0.4 million). The FY2022 Executive Budget eliminates these programs, starting in the 2021-22 school year, in order to achieve necessary State savings while preserving programs that provide direct services to sensitive student populations. These spending reductions may be restored if the State receives requested Federal COVID relief funds.

• Eliminate Prior Year Aid Queue: The FY2022 Executive Budget proposes to eliminate $18.7 million in funding for school districts’ prior year claims and expunge all claims currently in the queue, some of which are now more than a decade old. Over 90 percent of school districts and BOCES scheduled to receive a payment from the queue in FY2022 are owed less than $100,000 in aid. These claims are primarily a result of school districts’ failure to adhere to normal claiming deadlines. The Executive Budget proposes eliminating the PYA queue altogether and tightening claiming deadlines going forward. These spending reductions may be restored if the State receives requested Federal COVID relief funds.

• Eliminate NYC Fiscal Stabilization Grant: The Executive Budget proposes to eliminate a discretionary $26.4 million fiscal stabilization grant to New York City, first provided in 2003. Since then, New York City has become relatively wealthier, rising from 5 percent below the statewide average income and property wealth per pupil to 10 percent above it. These spending reductions may be restored if the State receives requested Federal COVID relief funds.

• Aid to Public Libraries: The Executive Budget proposes to reduce FY 2022 Library Aid by 5 percent, from $91.6 million to $87 million. This funding provides operating support to public libraries, library systems, and reference and research libraries. Although reduced, FY 2022 State support is $8 million greater than funding in FY 2012 when the State was recovering from the Great Recession. This spending reduction may be restored if the State receives requested Federal COVID relief funds.

• Public Broadcasting: The Executive Budget proposes to reduce FY 2022 funding for the Public Broadcasting program by 5 percent, from $14 million to $13.3 million. This funding provides operating support to public television and radio stations. Although reduced, FY 2022 State support is $3.9 million greater than funding in FY 2011 when the State was recovering from the Great Recession.This spending reduction may be restored if the State receives requested Federal COVID relief funds.

• Bundy Aid: The Budget eliminates general operating support for private colleges, including $16.8 million remaining payments in FY 2021 and $35.1 million in FY 2022. These spending reductions are more than offset by $1.5 billion in direct federal aid provided to New York's colleges and universities in the Federal stimulus bill approved in December, and may be restored if the State receives requested Federal COVID relief funds.

For more information on this agency's budget recommendations located in the Executive Budget Briefing Book, click on the following link:

Briefing Book – Education and Arts (PDF)

Program Highlights

Under the policy direction of the Board of Regents, operational responsibilities of the State Education Department include administration, regulation and review of numerous education programs. The following provides a description of the major program areas administered by the Department:

School Aid

School Aid helps support elementary and secondary education for New York pupils enrolled in the 673 major school districts throughout the State. State funding is provided to districts based on statutory aid formulas and through reimbursement of categorical expenses such as prekindergarten programs, education of homeless children, and bilingual education. State funding for schools assists districts in meeting locally defined needs, such as supporting the construction of school facilities and the education of students with disabilities.

New York State Prekindergarten

Under the leadership of Governor Cuomo, the State has more than doubled its annual commitment to prekindergarten from $385 million to nearly $850 million. This year, over 120,000 students will be enrolled in the State’s publicly-funded prekindergarten programs – 75 percent of whom will be served in full-day spots. Over 95 percent of high-need school districts have prekindergarten. In addition, the State also provides funding to support the implementation of QUALITYstarsNY – a tiered quality rating and improvement system for early childhood programs across the State – which seeks to improve the quality of early learning childcare facilities by assessing programs and providing continuous support for early childhood professionals. This additional support helps monitor the rigor and quality of the State’s prekindergarten portfolio and helps ensure all children are enrolled in high quality programs.

Smart Schools Bond Act

In November 2014, the Smart Schools Bond Act, proposed by Governor Cuomo, was approved by voters. The Smart Schools Bond Act provides $2 billion in funding for districts to reimagine classrooms and provide New York’s students with the technological resources, skills, and learning environments necessary to succeed in the 21st century. Funding supports enhanced education technologies, including infrastructure improvements, high‐speed broadband internet access, and active learning technologies. Additionally, the Smart Schools Bond Act supports the State’s long‐term investments in full-day prekindergarten through the construction of new prekindergarten classrooms, the replacement of classroom trailers with permanent classroom spaces, and high‐tech school safety programs. Over 1,000 Smart Schools Investment Plans totaling over $1.6 billion have been approved in 566 districts, supporting classroom technology, high-tech security, and school connectivity.

Programs for Students with Disabilities

The State provides a full range of special education services to approximately 500,000 students with disabilities, from ages 3 to 21. Eighty-five percent of these students are school-age students, and the remaining 15 percent are preschool children. Approximately 405,000 school-age students with disabilities are served by public school districts, while roughly 15,000 students require specialized educational settings in private schools, State Supported Schools for the Blind and Deaf, Special Act School Districts, or one of the State-Operated Schools at Rome and Batavia. Preschool special education services, for children ages 3 to 5, are delivered primarily by private providers; however some school districts and BOCES provide these services as well.

Cultural Education

Cultural Education programs administered by the State Education Department include support for public broadcasting stations and aid to public libraries and library systems. SED also administers the State's major cultural institutions located in the Cultural Education Center in Albany, including the State Archives, the State Library and the State Museum. These institutions are responsible for increasing the knowledge and information resources of State and local government, businesses, and individuals.

Higher Education and Regulation of the Professions

Higher and professional education programs oversee the quality and availability of post-secondary education programs, and license and regulate over 50 professions. The Office of Higher Education oversees colleges, universities and proprietary schools; is responsible for the certification of teachers and other school professionals; and oversees programs to improve teacher preparation and recruitment. The Office of Professions oversees the preparation, licensure, practice and discipline of more than 50 professions regulated pursuant to Title VIII of the Education Law, including Nursing, Dentistry, Public Accountancy and Engineering.

Adult Career and Continuing Education Services

The Office for Adult Career and Continuing Education Services (ACCES) focuses on the education and employment needs of New York State’s adult population by offering a full range of employment and independent living services to persons with disabilities; overseeing the development of adult education programs that support adult literacy, English language instruction, high school equivalency test preparation and other services; and licensing and regulating the non-degree granting proprietary schools in New York State.

Note: Most recent estimates as of 01/19/2021