NY State Senate Bill S8398

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

Your Voice

Please enter your contact information

First Name *

Last Name *

Email Address *

A valid email address is required.

Home address search or enter your address manually *

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Leave this field blank

Actions

view actions (1)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 21, 2020	referred to children and families

S8398 (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Family Court Act
Versions Introduced in 2021-2022 Legislative Session:: S1115

S8398 (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, 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.

S8398 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S8398

SPONSOR: LIU
 
TITLE OF BILL:

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

 
PURPOSE:

To protect parents from findings of educational neglect where they have
not been given the resources or opportunity due to the Covid-19 pandemic

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill establishes that a child's excessive absence from
school, by itself, is not sufficient for a finding of educational
neglect if it came during the Covid-19 state of emergency and was a
result of the lack of resources or opportunity for the child to partic-
ipate.

Paragraph b closes any investigation by Child Services if educational
neglect was the only reason for the investigation.  Paragraph c applies
the section to all investigations started during the Covid-19 state of
emergency.

 
JUSTIFICATION:

As noted in online publications, the City and Chalkbeat, students have
been getting reported for suspected educational neglect due to their
non-participation in remote learning. However, many of those families
lack the necessary resources and technology to participate in remote
learning and were still waiting for devices that were promised to them
by the school district.

The Covid-19 pandemic has caused massive disruptions to the daily lives
of all New Yorkers. Due consideration should be given to families strug-
gling to adjust to the challenging circumstances.  Disruptions due to
the sudden school closures and the shift to remote learning should be
taken into consideration.

For example, not every family is fortunate enough to have access to an
Internet connection and a computing device for remote learning purposes.
These families should not be penalized for their inability to partic-
ipate in remote learning when they have not been given the capability to
do so.

As well, consideration must be given to families of Covid-19 patients
and essential service workers. Due to the overwhelmed health care
infrastructure and lack of services, many families have had to navigate
the pandemic without the support they would normally expect.  Families
should not have to worry about being investigated by child services due
to an emergency situation that is beyond their control.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPACT ON THE STATE:
None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S8398 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8398

                            I N  S E N A T E

                              May 21, 2020
                               ___________

Introduced  by  Sen.  LIU  --  read  twice and ordered printed, and when
  printed to be committed 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.

                                                           LBD16340-03-0

S. 8398                             2

ter emergency pursuant to executive order 202 of 2020 in response to the
novel coronavirus (COVID-19) pandemic.
  § 2. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

The New York State Senate

senate Bill S8398

Sponsored By

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Your Voice

Actions

S8398 (ACTIVE) - Details

S8398 (ACTIVE) - Summary

S8398 (ACTIVE) - Sponsor Memo

S8398 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S8398

Share this bill

Sponsored By

John C. Liu

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Your Voice

Actions

S8398 (ACTIVE) - Details

S8398 (ACTIVE) - Summary

S8398 (ACTIVE) - Sponsor Memo

S8398 (ACTIVE) - Bill Text download pdf

Comments