S T A T E O F N E W Y O R K
________________________________________________________________________
4846
2023-2024 Regular Sessions
I N A S S E M B L Y
February 23, 2023
___________
Introduced by M. of A. PHEFFER AMATO -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to providing water safety
instruction in schools
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 805 to
read as follows:
§ 805. INSTRUCTION IN WATER SAFETY. 1. ALL PUBLIC SCHOOL DISTRICTS
WITHIN THE STATE SHALL MAKE AVAILABLE AND ENCOURAGE WATER SAFETY
INSTRUCTION FOR STUDENTS IN GRADES KINDERGARTEN THROUGH TWELVE. SUCH
SCHOOL DISTRICTS SHALL BE REQUIRED TO SEND HOME TO PARENTS OF STUDENTS
ASYNCHRONOUS WATER SAFETY MATERIALS EACH YEAR. SUCH INSTRUCTION SHALL BE
DEFINED BY THE COMMISSIONER IN REGULATIONS AFTER CONSULTATION WITH THE
DEPARTMENT OF HEALTH AND BE DESIGNED TO EDUCATE STUDENTS ABOUT WATER
SAFETY IN GRADES KINDERGARTEN THROUGH TWELVE. SUCH AGE APPROPRIATE
INSTRUCTION SHALL INCLUDE, BUT NOT BE LIMITED TO, THE PROPER USE OF
FLOTATION DEVICES, AWARENESS OF WATER CONDITIONS, HOW TO RESPOND IF
CAUGHT IN A RIP CURRENT, THE PROPER LIFEGUARDED SUPERVISION OF SWIM
AREAS, SAFE BEHAVIORS IN AND AROUND THE WATER, THE IMPORTANCE OF POOL
BARRIERS AND FENCING, THE IMPORTANCE OF FORMAL SWIM LESSONS, THE IMPOR-
TANCE OF AVOIDING ALCOHOL AND SUBSTANCE USE WITH WATER RECREATION, THE
IMPORTANCE OF CARDIOPULMONARY RESUSCITATION FOR DROWNING VICTIMS AND THE
IMPORTANCE OF THE ORDER OF ADMINISTERING SUCH AID. NOTHING IN THIS
SECTION SHALL PREVENT THE DEPARTMENT FROM MAKING MODEL CURRICULUM AND
RESOURCE MATERIALS AVAILABLE ON THE DEPARTMENT'S WEBSITE. EACH SCHOOL
DISTRICT SHALL NOTIFY THE COMMISSIONER PRIOR TO THE BEGINNING OF EACH
SCHOOL YEAR IF THEY CHOOSE TO PROVIDE INSTRUCTION IN WATER SAFETY.
2. THE COMMISSIONER MAY PROVIDE TECHNICAL ASSISTANCE TO ASSIST IN THE
DEVELOPMENT OF CURRICULA FOR SUCH INSTRUCTION WHICH SHALL BE AGE APPRO-
PRIATE AND DEVELOPED ACCORDING TO THE NEEDS AND ABILITIES OF PUPILS AT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04804-05-3
A. 4846 2
SUCCESSIVE GRADE LEVELS IN ORDER TO PROVIDE AWARENESS, SKILLS, INFORMA-
TION, SELF-CONFIDENCE AND SUPPORT IN THE UNDERSTANDING OF WATER SAFETY
AND THE PRACTICE OF WATER SAFETY BEHAVIORS AND SKILLS.
§ 2. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law. Effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
to be made and completed on or before such effective date.