STATE OF NEW YORK ________________________________________________________________________ 9777--B IN ASSEMBLY April 9, 2024 ___________ Introduced by M. of A. BENEDETTO, SAYEGH, TAYLOR, WOERNER, HYNDMAN, HUNTER, SLATER, MORINELLO -- read once and referred to the Committee on Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to requiring the depart- ment of education to develop uniform statewide protocols for diapering and toileting in public schools The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 305 of the education law is amended by adding a new 2 subdivision 62 to read as follows: 3 62. a. The commissioner shall promulgate rules and regulations to 4 establish uniform statewide protocols for diapering and toileting of 5 students in public schools. Such protocols shall include but not be 6 limited to: requiring schools to provide students and staff with safe 7 and accessible facilities for diapering and toileting; requiring schools 8 to provide the proper equipment and supplies to maintain a safe and 9 sanitary area for diapering and toileting; and defining basic procedures 10 to promote a safe and healthy environment. 11 b. For the purposes of this subdivision, "school" shall be deemed to 12 include a school district, public school, board of cooperative educa- 13 tional services, special act school district as defined in section four 14 thousand one of this chapter, approved private residential or non-resi- 15 dential school for the education of students with disabilities including 16 private schools established under chapter eight hundred fifty-three of 17 the laws of nineteen hundred seventy-six, and a state-supported school 18 in accordance with article eighty-five of this chapter. 19 § 2. This act shall take effect eighteen months after it shall have 20 become a law. Effective immediately, the addition, amendment and/or 21 repeal of any rule or regulation necessary for the implementation of 22 this act on its effective date are authorized to be made and completed 23 on or before such effective date. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15081-06-4