|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|May 21, 2020||referred to children and families|
senate Bill S8398
Archive: Last Bill Status - In Senate Committee Children And Families Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S8398 (ACTIVE) - Details
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.
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.
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