Assembly Bill A9777B

2023-2024 Legislative Session

Requires the commissioner of education to establish uniform statewide protocols for diapering and toileting students in public schools

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Sponsored By

Current Bill Status - In Assembly 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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Bill Amendments

2023-A9777 - Details

Current Committee:
Assembly Ways And Means
Law Section:
Education Law
Laws Affected:
Amd §305, Ed L

2023-A9777 - Summary

Requires the commissioner of education to establish uniform statewide protocols for diapering and toileting of students in public schools.

2023-A9777 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9777
 
                           I N  A S S E M B L Y
 
                               April 9, 2024
                                ___________
 
 Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
   Committee on Education
 
 AN ACT to amend the education law, in relation to requiring the  depart-
   ment of education to develop uniform statewide protocols for diapering
   and toileting in public schools
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 305 of the education law is amended by adding a new
 subdivision 61 to read as follows:
   61. A. THE COMMISSIONER SHALL  PROMULGATE  RULES  AND  REGULATIONS  TO
 ESTABLISH  UNIFORM  STATEWIDE  PROTOCOLS  FOR DIAPERING AND TOILETING OF
 STUDENTS IN PUBLIC SCHOOLS. SUCH PROTOCOLS  SHALL  INCLUDE  BUT  NOT  BE
 LIMITED  TO:  REQUIRING  SCHOOLS TO PROVIDE STUDENTS AND STAFF WITH SAFE
 AND ACCESSIBLE FACILITIES FOR DIAPERING AND TOILETING; REQUIRING SCHOOLS
 TO PROVIDE THE PROPER EQUIPMENT AND SUPPLIES  TO  MAINTAIN  A  SAFE  AND
 SANITARY AREA FOR DIAPERING AND TOILETING; AND DEFINING BASIC PROCEDURES
 TO PROMOTE A SAFE AND HEALTHY ENVIRONMENT.
   B.  FOR  THE PURPOSES OF THIS SUBDIVISION, "SCHOOL" SHALL BE DEEMED TO
 INCLUDE, BUT NOT BE LIMITED TO, A SCHOOL DISTRICT, PUBLIC SCHOOL,  BOARD
 OF  COOPERATIVE  EDUCATIONAL  SERVICES,  SPECIAL  ACT SCHOOL DISTRICT AS
 DEFINED IN SECTION FOUR THOUSAND ONE OF THIS CHAPTER, APPROVED PRESCHOOL
 SPECIAL EDUCATION PROGRAM PURSUANT TO SECTION FORTY-FOUR HUNDRED TEN  OF
 THIS CHAPTER, APPROVED PRIVATE RESIDENTIAL OR NON-RESIDENTIAL SCHOOL FOR
 THE  EDUCATION  OF  STUDENTS WITH DISABILITIES INCLUDING PRIVATE SCHOOLS
 ESTABLISHED UNDER CHAPTER EIGHT HUNDRED FIFTY-THREE OF THE LAWS OF NINE-
 TEEN HUNDRED SEVENTY-SIX, AND A  STATE-SUPPORTED  SCHOOL  IN  ACCORDANCE
 WITH ARTICLE EIGHTY-FIVE OF THIS CHAPTER.
   §  2.  This  act shall take effect eighteen months after 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15081-01-4

co-Sponsors

2023-A9777A - Details

Current Committee:
Assembly Ways And Means
Law Section:
Education Law
Laws Affected:
Amd §305, Ed L

2023-A9777A - Summary

Requires the commissioner of education to establish uniform statewide protocols for diapering and toileting of students in public schools.

2023-A9777A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9777--A
 
                           I N  A S S E M B L Y
 
                               April 9, 2024
                                ___________
 
 Introduced  by  M.  of  A.  BENEDETTO  --  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, in relation to requiring the depart-
   ment of education to develop uniform statewide protocols for diapering
   and toileting in public schools

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 305 of the education law is amended by adding a new
 subdivision 62 to read as follows:
   62.  A.  THE  COMMISSIONER  SHALL  PROMULGATE RULES AND REGULATIONS TO
 ESTABLISH UNIFORM STATEWIDE PROTOCOLS FOR  DIAPERING  AND  TOILETING  OF
 STUDENTS  IN  PUBLIC  SCHOOLS.  SUCH  PROTOCOLS SHALL INCLUDE BUT NOT BE
 LIMITED TO: REQUIRING SCHOOLS TO PROVIDE STUDENTS AND  STAFF  WITH  SAFE
 AND ACCESSIBLE FACILITIES FOR DIAPERING AND TOILETING; REQUIRING SCHOOLS
 TO  PROVIDE  THE  PROPER  EQUIPMENT  AND SUPPLIES TO MAINTAIN A SAFE AND
 SANITARY AREA FOR DIAPERING AND TOILETING; AND DEFINING BASIC PROCEDURES
 TO PROMOTE A SAFE AND HEALTHY ENVIRONMENT.
   B. FOR THE PURPOSES OF THIS SUBDIVISION, "SCHOOL" SHALL BE  DEEMED  TO
 INCLUDE  A  SCHOOL  DISTRICT, PUBLIC SCHOOL, BOARD OF COOPERATIVE EDUCA-
 TIONAL SERVICES, SPECIAL ACT SCHOOL DISTRICT AS DEFINED IN SECTION  FOUR
 THOUSAND  ONE  OF  THIS  CHAPTER,  APPROVED  PRESCHOOL SPECIAL EDUCATION
 PROGRAM PURSUANT TO SECTION FORTY-FOUR  HUNDRED  TEN  OF  THIS  CHAPTER,
 APPROVED PRIVATE RESIDENTIAL OR NON-RESIDENTIAL SCHOOL FOR THE EDUCATION
 OF  STUDENTS  WITH  DISABILITIES  INCLUDING  PRIVATE SCHOOLS ESTABLISHED
 UNDER CHAPTER EIGHT HUNDRED FIFTY-THREE OF THE LAWS OF NINETEEN  HUNDRED
 SEVENTY-SIX,  AND  A  STATE-SUPPORTED  SCHOOL IN ACCORDANCE WITH ARTICLE
 EIGHTY-FIVE OF THIS CHAPTER.
   § 2. This act shall take effect eighteen months after  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15081-04-4

co-Sponsors

2023-A9777B (ACTIVE) - Details

Current Committee:
Assembly Ways And Means
Law Section:
Education Law
Laws Affected:
Amd §305, Ed L

2023-A9777B (ACTIVE) - Summary

Requires the commissioner of education to establish uniform statewide protocols for diapering and toileting of students in public schools.

2023-A9777B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9777--B
 
                           I N  A S S E M B L Y
 
                               April 9, 2024
                                ___________
 
 Introduced  by  M.  of  A.  BENEDETTO, SAYEGH, TAYLOR, WOERNER, HYNDMAN,
   HUNTER, SLATER, MORINELLO -- read once and referred to  the  Committee
   on  Education -- committee discharged, bill amended, ordered reprinted
   as amended and recommitted to said committee -- committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee

 AN ACT to amend the education law, in relation to requiring the  depart-
   ment of education to develop uniform statewide protocols for diapering
   and toileting in public schools
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 305 of the education law is amended by adding a new
 subdivision 62 to read as follows:
   62. A. THE COMMISSIONER SHALL  PROMULGATE  RULES  AND  REGULATIONS  TO
 ESTABLISH  UNIFORM  STATEWIDE  PROTOCOLS  FOR DIAPERING AND TOILETING OF
 STUDENTS IN PUBLIC SCHOOLS. SUCH PROTOCOLS  SHALL  INCLUDE  BUT  NOT  BE
 LIMITED  TO:  REQUIRING  SCHOOLS TO PROVIDE STUDENTS AND STAFF WITH SAFE
 AND ACCESSIBLE FACILITIES FOR DIAPERING AND TOILETING; REQUIRING SCHOOLS
 TO PROVIDE THE PROPER EQUIPMENT AND SUPPLIES  TO  MAINTAIN  A  SAFE  AND
 SANITARY AREA FOR DIAPERING AND TOILETING; AND DEFINING BASIC PROCEDURES
 TO PROMOTE A SAFE AND HEALTHY ENVIRONMENT.
   B.  FOR  THE PURPOSES OF THIS SUBDIVISION, "SCHOOL" SHALL BE DEEMED TO
 INCLUDE A SCHOOL DISTRICT, PUBLIC SCHOOL, BOARD  OF  COOPERATIVE  EDUCA-
 TIONAL  SERVICES, SPECIAL ACT SCHOOL DISTRICT AS DEFINED IN SECTION FOUR
 THOUSAND ONE OF THIS CHAPTER, APPROVED PRIVATE RESIDENTIAL OR  NON-RESI-
 DENTIAL SCHOOL FOR THE EDUCATION OF STUDENTS WITH DISABILITIES INCLUDING
 PRIVATE  SCHOOLS  ESTABLISHED UNDER CHAPTER EIGHT HUNDRED FIFTY-THREE OF
 THE LAWS OF NINETEEN HUNDRED SEVENTY-SIX, AND A  STATE-SUPPORTED  SCHOOL
 IN ACCORDANCE WITH ARTICLE EIGHTY-FIVE OF THIS CHAPTER.
   §  2.  This  act shall take effect eighteen months after 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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