Bill Text: NY S09147 | 2023-2024 | General Assembly | Amended


Bill Title: Requires the commissioner of education to establish uniform statewide protocols for diapering and toileting of students in public schools.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced) 2024-06-04 - SUBSTITUTED BY A9777B [S09147 Detail]

Download: New_York-2023-S09147-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         9147--B
            Cal. No. 1069

                    IN SENATE

                                     April 30, 2024
                                       ___________

        Introduced  by Sens. MANNION, HINCHEY, MAY, SKOUFIS, WEBER -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Education -- committee discharged, bill amended, ordered  reprinted
          as  amended  and  recommitted  to said committee -- reported favorably
          from said committee, ordered to first and second report, ordered to  a
          third  reading,  amended and ordered reprinted, retaining its place in
          the order of third reading

        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.
                                                                   LBD15081-07-4
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