MAYOR ADAMS, CHANCELLOR BANKS LAY OUT COMPREHENSIVE SPECIAL EDUCATION IMPROVEMENTS TO TAKE EFFECT FOR NYC PUBLIC SCHOOLS

 

Negotiated Agreement Provides Comprehensive Blueprint for DOE’s Strong Commitment to Ensuring Compliance in Resolution of 20-Year Old Class Action Case

 

Demonstrates Adams Administration’s Determination to Improve School Experience for Students With Disabilities and Families

New York City Mayor Eric Adams and New York City Department of Education (DOE) Chancellor David C. Banks today announced that the DOE has reached an agreement in a 20-year old court case to provide equitable, comprehensive, and timely support to students with disabilities and their families who have chosen to exercise their due process rights. Today’s agreement stems from the 2003 class action lawsuit LV et.al vs. NYC DOE class action lawsuit, and displays the Adams administration’s commitment to collaborating on initiatives that will honor the experiences of students with disabilities and their families. The original case was filed by parents of children with disabilities who voiced concerns that the DOE was not implementing impartial hearing orders issued in their favor in a timely manner.

 

The negotiated agreement contains 40 requirements proposed by a court-appointed special master that the DOE must meet to improve services for students and their families. The final agreement represents months of work and collaboration between the DOE, the plaintiffs, the special master, and the court to improve the implementation of Impartial Hearing Orders.

 

“As a student, it was difficult to navigate the public school system without the support I deserved, and too often, students with disabilities have struggled in a system that wasn't fully able to meet them where they are,” said Mayor Adams. “Today’s announcement is a step in the right direction for both New York City’s public school students and their families. Together, with all those involved, the DOE is building on the foundation this administration is setting to support students with disabilities and reimaging special education in public schools.”

 “For too long, the Department of Education has not done enough for our students with disabilities and their families. Our families have long deserved a transparent and responsive process for receiving much needed services for their children, and we are proud to continue our efforts to make this a more family-oriented process,” said Chancellor Banks. “The 40 requirements developed by Special Master David Irwin, in collaboration with DOE and plaintiffs, and memorialized today in Judge Preska’s order, are the result of tireless work and collaboration with our general counsel and key DOE leaders who ensured the special master had unfettered access and deep engagement with necessary staff to truly understand the profound challenges that make this work complex and difficult. The new requirements are stringent because we, too, believe that change is long overdue. While case volume and challenges increased over the past decade, we are moving aggressively to set a new course.”

 “The court’s signing of this order represents a key milestone in this decades-old case and sets forth a roadmap for lasting reforms that will benefit thousands of students,” said New York City Corporation Counsel Sylvia O. Hinds-Radix. “I thank Judge Preska for her steady oversight of this longstanding matter. I commend the chancellor for his leadership and the entire DOE team for working collaboratively with the special master to develop this thoughtful and comprehensive plan.”

 

A Blueprint for Change

 

There are 40 obligations outlined by the special master with implementation timelines ranging between 45 days to 18 months from the date of the order, including requirements for reporting on progress.

 

Key points from the court order include:

1. Development of a family-centered customer support plan for the Implementation Unit.
2. Identification of key performance indicators for monitoring the administrative workflows of the Implementation Unit, in collaboration with the special master.
3. Redesign of workflows to address key pain points around the implementation of payment orders and service orders.
4. Building and maintaining a toolkit of existing assistive technology, schools, programs, and services.
5. Research and design of a web-based interface for impartial hearing officers.
6. Formalization of an approach to sustain knowledge of implementation processes.
7. Establishment of a file-sharing process and tool to improve transparency of all documentation presented at the hearing.
8. Assessment and implementation of a solution to support the submission and immediate approval of timesheets.
9. Development of a clear procedure by the Implementation Unit to inform schools and Committees on Special Education of an ordered Individualized Education Programs (IEP) meeting.

 Building on This Administration's Commitment to Students with Disabilities

 

The Adams administration’s unyielding commitment to scaling and sustaining special education programs with track records of success was celebrated during the 2022-2023 school year with the citywide expansion of four programs: Sensory Exploration, Education & Discovery (SEED); Autism Spectrum Disorders (ASD); Nest and Horizon; and Path Programs. This $205 million investment supported the creation of 70 additional SEED programs, 15 new ASD Nest and Horizon programs, and seven Path classrooms. This also includes a new paid internship opportunity for high school students with IEPs to work in the SEED sensory gyms.

 

A historic investment was also made in early childhood special education, earmarking $130 million for providers over two years. This investment guaranteed an early childhood special education seat for every child living with a disability by spring 2023, lengthened the school day to align with general education early childhood programs, and provided additional benefits to providers, including professional development opportunities, increases in salary to accommodate a lengthened school day, and to create pay parity among providers to match their general education peers.

 

This administration also recognizes the importance of access to extracurricular programming for young people. During the 2022-2023 school year, DOE launched a partnership with Special Olympics New York to create new standalone and unified basketball, bocce ball, and track & field teams, increasing access to sports for over 2,000 students in District 75 schools.

 

Lastly, a new Special Education Advisory Council was formed in December 2022 to identify existing gaps in instruction and programming, and share recommendations regarding priority investments in programs and services for students with disabilities. This council has 50 members and is comprised of parents, caregivers, local community leaders, university partners, advocates, students, alumni, educators, and experts in the special education field.

Justice Department And FTC Seek Comment on Draft Merger Guidelines

 

Proposed Guidelines Would Address the Many Ways Mergers Can Weaken Competition, Harming Consumers, Workers and Businesses

The Justice Department and the Federal Trade Commission (FTC) are releasing a draft update of the Merger Guidelines (Draft Guidelines), which describe and guide the agencies’ review of mergers and acquisitions to determine compliance with federal antitrust laws. The goal of this update is to better reflect how the agencies determine a merger’s effect on competition in the modern economy and evaluate proposed mergers under the law. Both agencies encourage the public to review the draft and provide feedback through a public comment period that will last 60 days.

“Unchecked consolidation threatens the free and fair markets upon which our economy is based,” said Attorney General Merrick B. Garland. “These updated Merger Guidelines respond to modern market realities and will enable the Justice Department to transparently and effectively protect the American people from the damage that anticompetitive mergers cause.”

“Competitive markets and economic opportunity go hand in hand. Today, we are issuing draft guidelines that are faithful to the law, which prevents mergers that threaten competition or tend to create monopolies. As markets and commercial realities change, it is vital that we adapt our law enforcement tools to keep pace so that we can protect competition in a manner that reflects the intricacies of our modern economy. Simply put, competition today looks different than it did 50 — or even 15 — years ago,” said Assistant Attorney General Jonathan Kanter of the Antitrust Division. “There will be a substantial process for the public to review and provide comments before we finalize these guidelines.”

“Open, competitive, resilient markets have been a bedrock of America’s economic success and dynamism throughout our nation’s history. Faithful and vigorous enforcement of the antitrust laws is key to maintaining that success,” said FTC Chair Lina M. Khan. “With these draft Merger Guidelines, we are updating our enforcement manual to reflect the realities of how firms do business in the modern economy. Informed by thousands of public comments — spanning healthcare workers, farmers, patient advocates, musicians, and entrepreneurs — these guidelines contain critical updates while ensuring fidelity to the mandate Congress has given us and the legal precedent on the books.”

The Justice Department and FTC protect competition through enforcement of the antitrust laws and other federal competition statutes. Since 1968, the agencies have issued and revised Merger Guidelines to enhance transparency and promote awareness of how the agencies carry out that charge with respect to mergers and acquisitions.

The Draft Guidelines build upon, expand, and clarify frameworks set out in previous versions. At the outset, the Guidelines give an overview of 13 principles, or “guidelines,” that the agencies may use when determining whether a merger is unlawfully anticompetitive under the antitrust laws. These guidelines are not mutually exclusive, and a given merger may implicate multiple guidelines. The document then describes in greater depth the frameworks and tools that may be used when analyzing a merger with respect to each guideline.

The 13 Guidelines are:

• Mergers should not significantly increase concentration in highly concentrated markets;
• Mergers should not eliminate substantial competition between firms;
• Mergers should not increase the risk of coordination;
• Mergers should not eliminate a potential entrant in a concentrated market;
• Mergers should not substantially lessen competition by creating a firm that controls products or services that its rivals may use to compete;
• Vertical mergers should not create market structures that foreclose competition;
• Mergers should not entrench or extend a dominant position;
• Mergers should not further a trend toward concentration;
• When a merger is part of a series of multiple acquisitions, the agencies may examine the whole series;
• When a merger involves a multi-sided platform, the agencies examine competition between platforms, on a platform, or to displace a platform;
• When a merger involves competing buyers, the agencies examine whether it may substantially lessen competition for workers or other sellers;
• When an acquisition involves partial ownership or minority interests, the agencies examine its impact on competition; and
• Mergers should not otherwise substantially lessen competition or tend to create a monopoly;

The agencies have amended the Merger Guidelines several times since the first Merger Guidelines were released in 1968, including in 1982, 1984, 1992, 1997, 2010, and 2020. In January 2022, the agencies announced a broad initiative to evaluate potential updates and revisions to the Horizontal Merger Guidelines, issued in 2010, and the Vertical Merger Guidelines issued in 2020.

Following a public comment period, which included a request for information, more than 5,000 members of the public — including consumers, workers, state attorneys general, academics, businesses, trade associations, practitioners, and entrepreneurs — contributed feedback. The agencies also conducted four listening sessions that highlighted the potential for mergers and acquisitions to undermine open, vibrant, and competitive markets in industries ranging from food and agriculture to health care.

In revising the Merger Guidelines, the agencies focused on three core goals. First, the Draft Guidelines should reflect the law as written by Congress and interpreted by the highest courts. The Guidelines are built around statutory text and relevant case precedent, citing cases in order to clarify the connection between the law and the analytic frameworks described. The Draft Guidelines also make clear that they are not a substitute for the law itself, and do not create new rights or obligations. Second, the Draft Guidelines should be accessible, increasing transparency and awareness. Third, the Draft Guidelines should provide frameworks that reflect the realities of our modern economy and the best of modern economics and other analytical tools.

The public is invited to provide comments to the Draft Guidelines at www.regulations.gov/docket/FTC-2023-004 for a period of 60 days. The deadline is Sept. 18. The agencies will use the public comments to evaluate and update the draft before finalizing the Guidelines. For a detailed fact sheet on the Draft Guidelines, please visit www.justice.gov/atr/d9/2023-draft-merger-guidelines.

NYC Comptroller Lander Presses Bank of America Board to Initiate Compensation Clawbacks After Revelation of Junk Fees

 

In letter to board of directors, Comptroller also condemns misuse of sensitive information and withholding credit card rewards

Today, New York City Comptroller Brad Lander urged Bank of America (BofA) to initiate a clawback of executive compensation after new revelations of egregious junk fees, misuse of sensitive information and the withholding of credit card rewards. In a new letter to the Board of Directors, including Compensational and Human Capital Committee Chair Monica C. Lozano, Lander pressed the bank to promptly disclose the details of the clawback decisions, along with the findings of any internal investigations supporting such determinations.

Last week, BofA agreed to pay customers more than $100 million and pay $150 million in penalties to the Consumer Financial Protection Bureau (CFPB) and Office of the Comptroller of the Currency (OCC) for myriad violations and illegal activity. BofA’s actions included double-dipping on fees to customers with insufficient funds in their account, withholding credit card reward bonuses and opening accounts for customers without explicit authorization using their personal, sensitive information.

“With New Yorkers trusting them to protect their life savings, banks must be held responsible for their actions and engagement with consumers,” said New York City Comptroller Brad Lander. “Instituting a clawback of incentive compensation is a critical accountability measure, and the onus is on the Board of Bank of America to re-establish clear expectations of ethical conduct and responsible business practices.”

The letter specifically urges the Compensation and Human Capital Committee and the Board to disclose the following:

• The details of any compensation clawed back from any senior executive, including the executive’s maximum compensation that was eligible for recoupment;
• The general circumstances of any compensation clawed back from lower-level employees, including the number of employees and aggregate compensation clawed back by individual business unit or location; and
• The reports from all internal Board or company investigations relied upon by the Compensation and Human Capital Committee to reach its clawback determinations.

Comptroller Lander serves as the investment advisor to, and custodian and trustee of, the New York City Retirement Systems (NYCRS), which is responsible for the retirement security of nearly 800,000 public sector workers and retirees and has $250 billion in assets under management. As of May 31, 2023, the Systems hold more than 10.5 million shares in the bank, valued at more than $300 million.

Relevant Links

Letter to Board of Directors Re: Shareholder request to initiate clawbacks of eligible incentive compensation from executives responsible for legal violations in the CFPB’s Consent Order

Governor Hochul Announces Request for Proposals for the Purchase and Redevelopment of Downstate Correctional Facility

 

RFP Places Strong Emphasis on Housing, With a Range of Unit Sizes and Affordability Levels

Also Announces Progress Toward Redeveloping Livingston Correctional Facility as Livingston County Industrial Development Agency Secures Necessary Approvals for Land Transfer

Aligns With Governor’s Ongoing Effort to Identify State-Owned Sites for Potential Residential Uses

 Governor Kathy Hochul today announced that Empire State Development, in partnership with the Office of General Services and Department of Corrections and Community Supervision, has issued a Request for Proposals for the former Downstate Correctional Facility located in Fishkill, Dutchess County. This Request for Proposals advances recommendations made by the Prison Redevelopment Commission and builds on first-in-the-nation strategic efforts to reimagine former prison sites from an economic development focus as prison populations shrink and prisons close. The Request for Proposals is also a part of the Governor’s ongoing effort to identify state-owned sites for potential residential uses to increase the State’s housing supply in light of the housing crisis.

“The formation of the Prison Redevelopment Commission, announced nearly one year ago, was the first comprehensive analysis in the United States for the reuse and redevelopment of New York’s closed facilities,” Governor Hochul said. “The Commission compiled thoughtful, realistic information and recommendations that considered input from both experts and community stakeholders, and we are hitting the ground running and taking major steps to move these recommendations forward in ways that will give impacted communities a voice on the future of these closed sites.”

Governor Hochul also announced that Empire State Development has secured necessary approvals for the transfer of Livingston Correctional Facility to the Livingston County Industrial Development Agency, advancing another key recommendation from the Prison Redevelopment Commission’s 2022 Unlocking Opportunity report.

Request for Proposals to Redevelop Downstate Correctional Facility

The primary development objective for the redevelopment of the Downstate Correctional Facility is to maximize benefits to the surrounding community and region while prioritizing housing. Following the Governor’s directive and in accordance with recommendations from the Unlocking Opportunity report, the Request for Proposals (RFP) places a strong emphasis on housing in a mix of unit sizes and affordability ranges and makes up to $8 million in incentives available to eligible respondents to address remediation and demolition costs. View RFP here.

The former maximum-security site covers approximately 80 acres of land, 50 of which are within the perimeter security and 30 of which are outside. There are 34 buildings on the property, totaling 558,000 square feet. The site is located in the Town of Fishkill and is adjacent to the City of Beacon. It is approximately 70 miles north of New York City and approximately 95 miles south of Albany.

Fishkill, positioned along the Hudson River, has a rich history as a strategic north-south passageway. Today, the town is primarily composed of residential neighborhoods but has several commercial hubs. The town has also seen a surge in technology and advanced manufacturing companies in recent years. GlobalFoundries, a multinational semiconductor manufacturing and design company, opened a facility in a former IBM office in East Fishkill in 2015. In addition, Dutchess Stadium, which has a seating capacity of 4,500 and is home to the Hudson Valley Renegades minor league baseball team, is in West Fishkill, just a mile southwest of the site.

The site is also proximate to several higher education institutions, including SUNY Orange, SUNY New Paltz, SUNY Ulster, Vassar College, Dutchess Community College, the Culinary Institute of America, and United States Military Academy (West Point).

Proposals must be received by ESD via DropBox by August 23, 2023, at 2 p.m. Potential Respondents may also attend a site tour that is anticipated to be scheduled on or around August 2, 2023. Please RSVP to DownstateCFacilityRFP23@esd.ny.gov by July 31, 2023, at 5 p.m.

Livingston Correctional Facility

Additionally, the ESD Board of Directors and the Public Authorities Control Board have authorized ESD to advance the process to transfer the shuttered Livingston Correctional Facility to the Livingston County Industrial Development Authority. Once this transfer is complete, Livingston County would begin developing the site with job creating economic activity in the southern end of Livingston County, bringing a site previously costing the state money back on the local tax rolls. This would be the first completed transfer of a site studied by the Prison Redevelopment Commission for economic development purposes.

Prison Redevelopment Commission

In May 2022, Governor Hochul convened the Prison Redevelopment Commission, comprised of leading experts in the community and economic development, real estate, criminal justice reform, and government sectors, to address vacant and blighted prison facilities and develop a set of recommendations for creative uses. The Commission issued its findings, including 13 recommendations to facilitate the redevelopment of closed prisons, in the Unlocking Opportunity report in December.

ESD, in partnership with DOCCS and OGS, is working to advance recommendations from the report. Since the report was issued, razor wire has been removed on time and under budget from the Mt. McGregor, Willard and Ogdensburg facilities. The removal of this wire will make the sites more conducive to redevelopment and cut a considerable expense out of future redevelopment costs.

Furthermore, at the recommendation of the Prison Redevelopment Commission, four sites have been “kept warm.” These sites include Willard, Moriah, Ogdensburg, and Livingston. This practice preserves the on-site buildings and infrastructure between the time of closure and redevelopment, reducing the costs associated with future renovation or demolition of deteriorating buildings.

KRVC - Workshop TODAY and Concert this Sunday!

 

Join Us for for all these Upcoming July 2023 Events Sponsored by KRVC!

NYGOP Chair Ed Cox calls on New York Democrats to condemn anti-Semitism

 

The U.S. House of Representatives yesterday passed a resolution in support of the state of Israel following comments made by Rep. Pramila Jayapal (D-WA) that Israel is a "racist state.” Nine Democrats voted against the resolution, including Reps. Alexandria Ocasio-Cortes and Jamaal Bowman of New York.

NYGOP Chair Ed Cox released the following statement in response:

“I call upon Kathy Hochul, Jay Jacobs, Hakeem Jeffries, Chuck Schumer and Kirsten Gillibrand to take a clear and unambiguous stand against anti-Semitism in their own party and condemn in the strongest terms possible Reps. Bowman and Ocasio-Cortez’s heinous votes.

“Andrea Stewart-Cousins and Shelley Meyer live in Jamaal Bowman’s district. Michael Gianaris lives in Ocasio-Cortez's district. Do they have anything to say? Or like New York’s other Democratic leaders, will they continue to put politics over decency?”

Developers Reveal Completed 249-Unit Passive House Building At 42 West Broad Street In Mount Vernon

 

The all-season, heated pool at 42 Broad Street

        Alexander Development Group and The Bluestone Organization have just completed one of the world’s largest Passive House multifamily rental properties at 42 West Broad Street in Mount Vernon, New York. Known simply as 42 Broad, the property is designed by Perkins Eastman and comprises 249 market-rate apartments, more than 20,000 square feet of amenities, a parking garage, and high-efficiency mechanicals that significantly limit the structure’s energy use and carbon emissions.

To celebrate the milestone, the project team, which includes an advisory group from J.P. Morgan Global Alternatives, has revealed a first look inside the building, which will soon open for occupancy.

“With 42 Broad we have created a collection of forward-thinking residences that reflect our dedication to sustainable living and represents a truly unique offering in today’s crowded multifamily real estate market,” said Eric Bluestone of The Bluestone Organization. “The upscale building’s combination of sustainable features and vast array of amenities sets it apart from other luxury properties in the area.”

View inside a penthouse at 42 Broad Street

The mix of units includes studios and one- and two-bedroom residences, all equipped with nine-foot ceiling spans, Energy Star appliances, laundry machines, and hardwood flooring. The penthouse units also include wraparound terraces and 10-foot ceiling spans.

Amenity spaces include a fitness center, a heated pool with shaded pergolas, and a 17th-floor roof deck with outdoor kitchens, dining area, and a fireplace. There is also an upper level lounge with billiards and an entertaining kitchen, co-working spaces and private conference rooms, a library with another fireplace, a courtyard zen garden, and a large community room.

Additional services include a valet attended parking garage, on-site concierge service, electric vehicle charging stations, and bike storage.

Pricing begins at $2,100 for a studio apartment. Leasing launched earlier this month.    

     Rendering of 42 Broad Street in Mount Vernon, New York                            

Bronx Borough President Vanessa L. Gibson - Community Resources & Updates

 

Dear Neighbor,

 

Thank you for joining us for another week in review!

 

After last week's downpour, the Bronx Summer Concert Series is back and ready to go! Our next stop: Crotona Park! Join us for an afternoon of dancing, singing, and community during a concert featuring performances by legendary artists. For a list of upcoming events, click here.

Also, we hope you will volunteer with us for our 2023 Bronx Summer Clean-Up Series. Volunteers get free tickets to a Yankees game as a thank-you for their hard work! Cleaner streets and community engagement are important to us, and we’re proud to support this important annual cleanup series alongside our partners. For information on how to get involved, click here.

As always, if you have any questions or concerns, please do not hesitate to contact our office at 718-590-3500 or email us at webmail@bronxbp.nyc.gov.

 

In partnership,

Bronx Borough President Vanessa L. Gibson

 

 IN THE COMMUNITY     

Congratulations to Stop & Shop on the launch of CHAM Fresh Connect! This initiative, in partnership with About Fresh and the Children's Hospital at Montefiore, aims to connect healthcare professionals and patients to healthy food options.

For this pilot program, families will receive pre-paid debit cards to purchase healthy food and produce at Stop & Shop supermarkets.

I am so grateful to have partners who are equally committed and dedicated to combatting food insecurity and creating access to healthy food for all.

   

Thank you to the Bronx Chamber of Commerce for hosting a BX City Council and NY Senate Forum.

We were happy to connect with local business owners and discuss economic development in our great Borough.

Congratulations to our new NYPD Commissioner Edward Caban on his appointment and making history as our city’s first Latino Police Commissioner!

Public safety is a top priority for us in the Bronx and I look forward to working with Commissioner Caban to ensure we keep our residents safe.

UPCOMING EVENTS