senate Bill S1115

2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Current 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
Jan 07, 2021 referred to children and families

S1115 (ACTIVE) - Details

See Assembly Version of this Bill:
A1472
Current Committee:
Senate Children And Families
Law Section:
Family Court Act
Versions Introduced in 2019-2020 Legislative Session:
S8398

S1115 (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.

S1115 (ACTIVE) - Sponsor Memo

S1115 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1115
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 7, 2021
                                ___________
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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