S T A T E O F N E W Y O R K
________________________________________________________________________
4978--A
2023-2024 Regular Sessions
I N A S S E M B L Y
February 27, 2023
___________
Introduced by M. of A. SANTABARBARA, GONZALEZ-ROJAS, BURDICK, WILLIAMS,
COLTON, SAYEGH, GLICK, SIMONE, GUNTHER, KELLES, BENDETT, TAGUE,
JENSEN, DeSTEFANO, McDONOUGH, K. BROWN, BRABENEC, MANKTELOW,
J. A. GIGLIO, RAGA, REYES, TAPIA, LEVENBERG, MCGOWAN, FLOOD, LEMONDES,
CHANG -- read once and referred to the Committee on Education --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04786-02-3
A. 4978--A 2
(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.
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-n
to read as follows:
§ 390-N. 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 WHO PROVIDES DAYCARE SERVICES TO CHILDREN WITH
DISABILITIES 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.
6. NOTHING IN THIS SECTION SHALL REQUIRE A DAYCARE FACILITY THAT DOES
NOT PROVIDE CARE TO A CHILD WITH A DISABILITY TO CREATE AN EMERGENCY
EVACUATION PLAN FOR CHILDREN WITH DISABILITIES. IN ADDITION, NOTHING IN
THIS SECTION SHALL REQUIRE A DAYCARE FACILITY TO CREATE A PLAN PURSUANT
TO THIS SECTION IF THE DAYCARE FACILITY IS ALREADY SUBJECT TO A FEDERAL
OR STATE LAW OR REGULATION REQUIRING THEM TO HAVE A PLAN FOR THE EMER-
GENCY EVACUATION OF CHILDREN IF THE PLAN ADDRESSES THE EVACUATION OF
CHILDREN WITH DISABILITIES UNDER ITS CARE.
§ 3. This act shall take effect immediately.