senate Bill S8398

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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Sponsored By

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

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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

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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