Bill Text: NY A06456 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Prohibits a finding of educational neglect based solely on excessive absence from school in certain situations during the COVID-19 state of emergency, and requires the closure of investigations into claims of educational neglect when the child has not been provided with the resources or opportunity to participate in distance learning during the COVID-19 state of emergency or when the child's parent or caregiver is an essential worker, the fact that the child's parent or guardian is an essential worker, is caring for someone with the novel coronavirus (COVID-19), is sick with the novel coronavirus (COVID-19), or is in mandatory isolation or quarantine.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to children and families [A06456 Detail]

Download: New_York-2023-A06456-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          6456

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     April 11, 2023
                                       ___________

        Introduced  by  M.  of A. CHANDLER-WATERMAN -- read once and referred to
          the Committee on Children and Families

        AN ACT relating to the investigation  of  and  findings  of  educational
          neglect of a child during the COVID-19 pandemic

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. a. Notwithstanding any  law,  rule  or  regulation  to  the
     2  contrary, evidence of a child's excessive absence from school shall not,
     3  by  itself, be sufficient to find that a parent or guardian of the child
     4  failed to provide an adequate education to such child if such  excessive
     5  absence:
     6    (i)  occurred during the state disaster emergency declared pursuant to
     7  executive order 202  of  2020  in  response  to  the  novel  coronavirus
     8  (COVID-19) pandemic; and
     9    (ii)  is  a  result of the child not having the opportunity to partic-
    10  ipate in remote learning due to:
    11    (A) a lack of resources or opportunity that would enable the child  to
    12  do  so,  including,  but  not  limited  to,  lack of access to necessary
    13  computer or other electronic equipment or lack of connectivity  opportu-
    14  nity; or
    15    (B) the fact that the child's parent or guardian is an essential work-
    16  er, is caring for someone with the novel coronavirus (COVID-19), is sick
    17  with  the  novel coronavirus (COVID-19), or is in mandatory isolation or
    18  quarantine.
    19    b. Upon a determination that a child's excessive absence  from  school
    20  is due solely to the factors listed in paragraphs (i) and (ii) of subdi-
    21  vision  a of this section, any investigation into a claim of educational
    22  neglect of the child upon a complaint or report by a  school  or  school
    23  district  shall  be  closed  unless the school or school district demon-
    24  strates that the child has had the opportunity and resources to  partic-
    25  ipate in remote learning and has not done so.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07770-01-3
        A. 6456                             2

     1    c. The provisions of this section shall apply to all investigations of
     2  educational  neglect commenced since the declaration of the state disas-
     3  ter emergency pursuant to executive order 202 of 2020 in response to the
     4  novel coronavirus (COVID-19) pandemic.
     5    § 2. This act shall take effect immediately.