Senate Bill S9472

2021-2022 Legislative Session

Requires schools and daycare facilities to maintain evacuation plans for children with disabilities during a lockdown or emergency situation

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Archive: Last Bill Status - In Senate Committee Disabilities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 01, 2022	referred to disabilities

2021-S9472 (ACTIVE) - Details

Current Committee:: Senate Disabilities
Law Section:: Education Law
Laws Affected:: Add §4411, Ed L; add §390-m, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2023-2024: S1963
2025-2026: S1197

2021-S9472 (ACTIVE) - Summary

Requires schools and daycare facilities to maintain evacuation plans for children with disabilities during a lockdown or emergency situation.

2021-S9472 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9472

SPONSOR: ADDABBO
 
TITLE OF BILL:

An act to amend the education law and the social services law, in
relation to requiring schools and daycare facilities to maintain evacu-
ation plans for children with disabilities during a lockdown or emergen-
cy situation

 
PURPOSE:

Requires schools and daycare facilities to maintain evacuation plans for
children with disabilities during a lockdown or emergency situation.

 
SUMMARY OF PROVISIONS:

Section 1 amends the education law by adding a new section 4411. It
shall be the duty of every board of education or trustees of each school
district and city school district of the city of New York to establish
and maintain an emergency evacuation plan for children with disabilities
in schools.

Section 2 amends the social services law by adding a new section 390-m.
Defines Daycare Facility as licensed and registered child daycare homes,
programs and facilities

Section 3 effective date.

 
JUSTIFICATION:

With the increase in mass shootings and other violent crimes, we need to
have a plan in place to address the care and safety of special needs
children in schools and day care facilities when a building lockdown
or.other emergency occurs. Children are told to run, hide and fight
during a lockdown, but students with disabilities may not be able to
comply. This bill will make sure that schools and day care facilities
create and maintain evacuation plans for these students.

Parents and guardians are concerned and frightened about the fate of
their children during lockdown or evacuation events. This legislation
will ensure that a viable plan to address the needs of disabled students
is in place.

The legislation will require that schools and day care facilities devise
a plan in concert with local law enforcement and fire safety personnel,
employees, parents of children, and other relevant stakeholders. A copy
of the plan will be maintained in the building at all times.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S9472 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9472
 
                             I N  S E N A T E
 
                               June 1, 2022
                                ___________
 
 Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Disabilities
 
 AN ACT to amend the education  law  and  the  social  services  law,  in
   relation to requiring schools and daycare facilities to maintain evac-
   uation plans for children with disabilities during a lockdown or emer-
   gency situation

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new  section  4411
 to read as follows:
   §  4411. EMERGENCY EVACUATION PLANS FOR CHILDREN WITH DISABILITIES. 1.
 NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IT  SHALL  BE  THE
 DUTY OF EVERY BOARD OF EDUCATION OR TRUSTEES OF EACH SCHOOL DISTRICT AND
 THE  CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO ESTABLISH AND MAIN-
 TAIN AN EMERGENCY EVACUATION PLAN  FOR  CHILDREN  WITH  DISABILITIES  IN
 SCHOOLS.
   2.  EACH  EMERGENCY  EVACUATION PLAN REQUIRED PURSUANT TO THIS SECTION
 SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING ELEMENTS:
   (A) PROCEDURES FOR EVACUATING CHILDREN WITH DISABILITIES;
   (B) A LIST OF CHILDREN ATTENDING EACH SCHOOL WITHIN THE  DISTRICT  WHO
 HAVE A DISABILITY AND WHO WOULD NEED ASSISTANCE WITH EVACUATION DURING A
 LOCKDOWN OR ANY OTHER EMERGENCY SITUATION; AND
   (C)  THE  LOCATION AND TYPE OF EVACUATION ASSISTANCE DEVICES OR ASSIS-
 TIVE TECHNOLOGIES THAT ARE AVAILABLE WITHIN THE BUILDING.
   3. EACH SCHOOL DISTRICT SHALL MAKE THE PLAN REQUIRED PURSUANT TO  THIS
 SECTION AVAILABLE UPON REQUEST TO:
   (A) LOCAL LAW ENFORCEMENT AND FIRE SAFETY PERSONNEL; AND
   (B)  EMPLOYEES,  PARENTS  OF  CHILDREN,  AND OTHER PERSONNEL AS DEEMED
 NECESSARY.
   4. A COPY OF SUCH PLAN SHALL BE MAINTAINED AT ALL  TIMES  IN  A  PLACE
 EASILY  ACCESSIBLE  BY LAW ENFORCEMENT, FIRE SAFETY PERSONNEL AND SCHOOL
 EMPLOYEES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16029-01-2
 S. 9472                             2

 
   5. ON AN ANNUAL BASIS, EVERY SCHOOL DISTRICT SHALL UPDATE THEIR  EMER-
 GENCY  EVACUATION  PLAN  AND  PROVIDE  THE  CHILDREN, PARENTS AND SCHOOL
 EMPLOYEES WITH NOTICE DETAILING THE UPDATED PROVISIONS OF SUCH PLAN.
   §  2. The social services law is amended by adding a new section 390-m
 to read as follows:
   § 390-M. EMERGENCY EVACUATION PLANS FOR CHILDREN WITH DISABILITIES  IN
 DAYCARE  FACILITIES.  1.  NOTWITHSTANDING  ANY  PROVISION  OF LAW TO THE
 CONTRARY, IT SHALL BE THE DUTY OF EVERY  OWNER  OF  A  DAYCARE  FACILITY
 OPERATING IN THE STATE TO ESTABLISH AND MAINTAIN AN EMERGENCY EVACUATION
 PLAN  FOR  CHILDREN  WITH  DISABILITIES.  FOR  PURPOSES OF THIS SECTION,
 "DAYCARE FACILITY" SHALL MEAN  LICENSED  AND  REGISTERED  CHILD  DAYCARE
 HOMES, PROGRAMS AND FACILITIES.
   2.  EACH  EMERGENCY  EVACUATION PLAN REQUIRED PURSUANT TO THIS SECTION
 SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING ELEMENTS:
   (A) PROCEDURES FOR EVACUATING CHILDREN WITH DISABILITIES;
   (B) A LIST OF CHILDREN ATTENDING THE DAYCARE FACILITY WHO HAVE A DISA-
 BILITY AND WHO WOULD NEED ASSISTANCE WITH EVACUATION DURING  A  LOCKDOWN
 OR ANY OTHER EMERGENCY SITUATION; AND
   (C)  THE  LOCATION AND TYPE OF EVACUATION ASSISTANCE DEVICES OR ASSIS-
 TIVE TECHNOLOGIES THAT ARE AVAILABLE WITHIN THE DAYCARE FACILITY.
   3. EACH DAYCARE FACILITY SHALL MAKE THE PLAN REQUIRED PURSUANT TO THIS
 SECTION AVAILABLE UPON REQUEST TO:
   (A) LOCAL LAW ENFORCEMENT AND FIRE SAFETY PERSONNEL; AND
   (B) EMPLOYEES, PARENTS OF CHILDREN,  AND  OTHER  PERSONNEL  AS  DEEMED
 NECESSARY.
   4.  A  COPY  OF  SUCH PLAN SHALL BE MAINTAINED AT ALL TIMES IN A PLACE
 EASILY ACCESSIBLE BY LAW ENFORCEMENT, FIRE SAFETY PERSONNEL AND  DAYCARE
 FACILITY EMPLOYEES.
   5. ON AN ANNUAL BASIS, EVERY DAYCARE FACILITY SHALL UPDATE THEIR EMER-
 GENCY  EVACUATION  PLAN  AND  PROVIDE THE CHILDREN, PARENTS AND FACILITY
 EMPLOYEES WITH NOTICE DETAILING THE UPDATED PROVISIONS OF SUCH PLAN.
   § 3. This act shall take effect immediately.

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Senate Bill S9472

Sponsored By

Archive: Last Bill Status - In Senate Committee Disabilities Committee

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2021-S9472 (ACTIVE) - Details

2021-S9472 (ACTIVE) - Summary

2021-S9472 (ACTIVE) - Sponsor Memo

2021-S9472 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Joseph P. Addabbo Jr.

Archive: Last Bill Status - In Senate Committee Disabilities Committee

Actions

2021-S9472 (ACTIVE) - Details

2021-S9472 (ACTIVE) - Summary

2021-S9472 (ACTIVE) - Sponsor Memo

2021-S9472 (ACTIVE) - Bill Text download pdf

Comments