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Assembly Bill A10565A

2019-2020 Legislative Session

Relates to the investigation of and findings of educational neglect of a child during the COVID-19 pandemic

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2019-A10565 - Details

Current Committee:
Assembly Rules
Law Section:
Family Court Act
Laws Affected:
Amd §1012, Fam Ct Act

2019-A10565 - Summary

Prohibits a finding of educational neglect based solely on excessive absence from school in certain situations during the COVID-19 state of emergency.

2019-A10565 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10565
 
                           I N  A S S E M B L Y
 
                               June 3, 2020
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Perry) --
   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:

   Section 1. a. Notwithstanding any  law,  rule  or  regulation  to  the
 contrary, evidence of a child's excessive absence from school shall not,
 by  itself, be sufficient to find that a parent or guardian of the child
 failed to provide an adequate education to such child if such  excessive
 absence:
   (i)  occurred during the state disaster emergency declared pursuant to
 executive order 202  of  2020  in  response  to  the  novel  coronavirus
 (COVID-19) pandemic; and
   (ii)  is  a  result of the child not having the opportunity to partic-
 ipate in remote learning due to:
   (A) a lack of resources or opportunity that would enable the child  to
 do  so,  including,  but  not  limited  to,  lack of access to necessary
 computer or other electronic equipment or lack of connectivity  opportu-
 nity; or
   (B) the fact that the child's parent or guardian is an essential work-
 er, 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.
   b. Upon a determination that a child's excessive absence  from  school
 is due solely to the factors listed in paragraphs (i) and (ii) of subdi-
 vision  a of this section, any investigation into a claim of educational
 neglect of the child upon a complaint or report by a  school  or  school
 district  shall  be  closed  unless the school or school district demon-
 strates that the child has had the opportunity and resources to  partic-
 ipate in remote learning and has not done so.
   c. The provisions of this section shall apply to all investigations of
 educational  neglect commenced since the declaration of the state disas-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

2019-A10565A (ACTIVE) - Details

Current Committee:
Assembly Rules
Law Section:
Family Court Act
Laws Affected:
Amd §1012, Fam Ct Act

2019-A10565A (ACTIVE) - Summary

Prohibits a finding of educational neglect based solely on excessive absence from school in certain situations during the COVID-19 state of emergency.

2019-A10565A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10565--A
 
                           I N  A S S E M B L Y
 
                               June 3, 2020
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Perry) --
   read once and referred to the Committee on Children  and  Families  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the family court act, in relation 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:
 
   Section  1. Subdivision (f) of section 1012 of the family court act is
 amended by adding a new paragraph (iii) to read as follows:
   (III) PROVIDED, HOWEVER, EVIDENCE OF A CHILD'S EXCESSIVE ABSENCE  FROM
 SCHOOL  SHALL  NOT,  BY  ITSELF, BE SUFFICIENT TO FIND THAT A RESPONDENT
 FAILED TO PROVIDE AN ADEQUATE EDUCATION TO SUCH CHILD IF SUCH  EXCESSIVE
 ABSENCE:
   (A)  OCCURRED DURING THE STATE DISASTER EMERGENCY DECLARED PURSUANT TO
 EXECUTIVE ORDER 202  OF  2020  IN  RESPONSE  TO  THE  NOVEL  CORONAVIRUS
 (COVID-19) PANDEMIC; AND
   (B) IS A RESULT OF THE CHILD NOT HAVING THE OPPORTUNITY TO PARTICIPATE
 IN REMOTE LEARNING DUE TO:
   (1)  A LACK OF RESOURCES OR OPPORTUNITY THAT WOULD ENABLE THE CHILD TO
 DO SO, INCLUDING, BUT NOT  LIMITED  TO,  LACK  OF  ACCESS  TO  NECESSARY
 COMPUTER  OR OTHER ELECTRONIC EQUIPMENT OR LACK OF CONNECTIVITY OPPORTU-
 NITY; OR
   (2) THE FACT THAT THE RESPONDENT 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 OR SELF ISOLATION OR QUARAN-
 TINE DUE TO POTENTIAL EXPOSURE TO THE NOVEL CORONAVIRUS (COVID-19).
   (C) IF IT IS DETERMINED THAT A CHILD'S EXCESSIVE ABSENCE  FROM  SCHOOL
 IS DUE SOLELY TO THE FACTORS LISTED IN SUBPARAGRAPHS (A) AND (B) OF THIS
 PARAGRAPH,  SUCH  ACTIONS  ALONE SHALL NOT ESTABLISH THAT THE CHILD IS A
 NEGLECTED CHILD IN THE ABSENCE OF EVIDENCE ESTABLISHING THAT THE CHILD'S
 PHYSICAL, MENTAL OR EMOTIONAL CONDITION HAS BEEN IMPAIRED OR IS IN IMMI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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