NY State Senate Bill 2023-S1963A

Senate Bill S1963A

2023-2024 Legislative Session

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

download bill text pdf

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 11, 2024	referred to education delivered to assembly passed senate
Feb 14, 2024	advanced to third reading
Feb 13, 2024	2nd report cal.
Feb 12, 2024	1st report cal.405
Jan 03, 2024	referred to disabilities returned to senate died in assembly
May 30, 2023	referred to education delivered to assembly passed senate
May 22, 2023	ordered to third reading cal.1078 committee discharged and committed to rules
May 08, 2023	print number 1963a
May 08, 2023	amend (t) and recommit to education reported and committed to education
Jan 17, 2023	referred to disabilities

Votes

- Mar 11, 2024 - Floor Vote
  S1963A
  
  58
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  5
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 11, 2024
      
      aye (58)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Serrano
      
      Skoufis
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      excused (5)
      
      Parker
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Stavisky
      
      Walczyk
      
      The following Member(s) participated via videoconferencing: Murray
  May 30, 2023 - Floor Vote
  S1963A
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 30, 2023
      
      aye (61)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      excused (2)
      
      Cooney
      
      Weik
  May 22, 2023 - Rules Committee Vote
  S1963A
  
  18
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 22, 2023
      
      aye (18)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stewart-Cousins
      
      Thomas
      
      aye wr (3)
      
      Griffo
      
      Helming
      
      Stec
  Feb 12, 2024 - Disabilities Committee Vote
  S1963A
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Disabilities Committee Vote: Feb 12, 2024
      
      aye (7)
      
      Ashby
      
      Felder
      
      Gonzalez
      
      Mannion
      
      Persaud
      
      Scarcella-Spanton
      
      Weber
  May 8, 2023 - Disabilities Committee Vote
  S1963A
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Disabilities Committee Vote: May 8, 2023
      
      aye (7)
      
      Ashby
      
      Felder
      
      Gonzalez
      
      Mannion
      
      Persaud
      
      Scarcella-Spanton
      
      Weber

Bill Amendments

Original

A (Active)

2023-S1963 - Details

See Assembly Version of this Bill:: A4978
Current Committee:: Assembly Education
Law Section:: Social Services Law
Laws Affected:: Add §390-n, Soc Serv L
Versions Introduced in 2021-2022 Legislative Session:: S9472

2023-S1963 - Summary

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

2023-S1963 - Sponsor Memo

                                 
BILL NUMBER: S1963

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:

2022: S. 9472 - Referred to Disabilities Committee

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S1963 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1963
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2023
                                ___________
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04786-01-3
 S. 1963                             2

   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 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.

co-Sponsors

2023-S1963A (ACTIVE) - Details

See Assembly Version of this Bill:: A4978
Current Committee:: Assembly Education
Law Section:: Social Services Law
Laws Affected:: Add §390-n, Soc Serv L
Versions Introduced in 2021-2022 Legislative Session:: S9472

2023-S1963A (ACTIVE) - Summary

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

2023-S1963A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1963A

SPONSOR: ADDABBO
 
TITLE OF BILL:

An act to amend the social services law, in relation to requiring
daycare facilities to maintain evacuation and lockdown plans for chil-
dren with disabilities during an emergency situation

 
PURPOSE:

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

Amendment: Technical Change

 
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:

2022: S. 9472 - Referred to Disabilities Committee

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S1963A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1963--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2023
                                ___________
 
 Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Disabilities  --  reported
   favorably from said committee and committed to the Committee on Educa-
   tion  --  committee  discharged,  bill  amended,  ordered reprinted as
   amended and recommitted to said committee

 AN ACT to amend the  social  services  law,  in  relation  to  requiring
   daycare facilities to maintain evacuation and lockdown plans for chil-
   dren with disabilities during an emergency situation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The social services law is amended by adding a new  section
 390-n to read as follows:
   §  390-N.  EMERGENCY  EVACUATION  AND LOCKDOWN PLANS FOR CHILDREN WITH
 DISABILITIES IN DAYCARE FACILITIES. 1. (A) NOTWITHSTANDING ANY PROVISION
 OF LAW TO THE CONTRARY, IT SHALL BE THE DUTY OF EVERY OWNER AND/OR OPER-
 ATOR OF A CHILD DAYCARE FACILITY OPERATING IN THE STATE TO ESTABLISH AND
 MAINTAIN EMERGENCY EVACUATION AND LOCKDOWN PLANS FOR CHILDREN WITH DISA-
 BILITIES WITHIN ONE HUNDRED TWENTY DAYS OF THE EFFECTIVE  DATE  OF  THIS
 SECTION.    FOR PURPOSES OF THIS SECTION, "CHILD DAYCARE FACILITY" SHALL
 INCLUDE THE CHILD CARE PROGRAMS SET FORTH IN SUBDIVISION ONE OF  SECTION
 THREE  HUNDRED  NINETY  OF  THIS  TITLE, EXCEPT FOR AN "ENROLLED LEGALLY
 EXEMPT PROVIDER" AS SUCH TERM IS DEFINED IN PARAGRAPH (G) OF SUCH SUBDI-
 VISION.
   (B) THE EMERGENCY EVACUATION AND LOCKDOWN PLAN SHALL  BE  PROVIDED  TO
 THE OFFICE OF CHILDREN AND FAMILY SERVICES WITHIN SEVEN DAYS OF THE PLAN
 BEING FINALIZED.
   2.  EACH  EMERGENCY  EVACUATION AND LOCKDOWN PLAN REQUIRED PURSUANT TO
 THIS SECTION SHALL  INCLUDE,  BUT  NOT  BE  LIMITED  TO,  THE  FOLLOWING
 ELEMENTS:
   (A) PROCEDURES FOR EVACUATING CHILDREN WITH DISABILITIES;
   (B) LOCKDOWN PROCEDURES FOR CHILDREN WITH DISABILITIES;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04786-04-3

 S. 1963--A                          2
 
   (C) A LIST OF CHILDREN ATTENDING THE DAYCARE FACILITY WHO HAVE A DISA-
 BILITY  AND  WHO WOULD NEED ASSISTANCE DURING AN EVACUATION, LOCKDOWN OR
 ANY OTHER EMERGENCY SITUATION; AND
   (D) THE LOCATION AND TYPE OF EVACUATION OR LOCKDOWN ASSISTANCE DEVICES
 OR  ASSISTIVE TECHNOLOGIES THAT ARE AVAILABLE WITHIN THE DAYCARE FACILI-
 TY.
   3. TO THE EXTENT PRACTICABLE, EACH EMERGENCY EVACUATION  AND  LOCKDOWN
 PLAN SHALL TAKE INTO ACCOUNT THE PARTICULAR DISABILITIES THE CHILDREN IN
 THE DAYCARE FACILITY MAY HAVE.
   4.  (A) EACH DAYCARE FACILITY SHALL MAKE THE PLAN REQUIRED PURSUANT TO
 THIS SECTION AVAILABLE UPON REQUEST TO:
   (I) LOCAL LAW ENFORCEMENT AND EMERGENCY RESPONDERS;
   (II) EMPLOYEES AND OTHER PERSONNEL OF THE PROGRAMS AS DEEMED NECESSARY
 FOR PURPOSES OF BEING ABLE TO CARRY OUT AND COMPLY  WITH  THE  EMERGENCY
 EVACUATION AND LOCKDOWN PLANS SET FORTH IN THIS SECTION; AND
   (III)  A PARENT OR CUSTODIAN; PROVIDED, HOWEVER, A PARENT OR CUSTODIAN
 MAY ONLY RECEIVE PLAN INFORMATION THAT PERTAINS DIRECTLY TO A  CHILD  IN
 THEIR CARE AND CUSTODY.
   (B)  ALL  INFORMATION RELATED TO A YOUTH'S DIAGNOSES, DISABILITIES, OR
 IDENTIFICATION MUST REMAIN CONFIDENTIAL AS REQUIRED BY FEDERAL AND STATE
 LAW.
   4. A COPY OF THE PLAN SHALL BE MAINTAINED AT  ALL  TIMES  IN  A  PLACE
 EASILY  ACCESSIBLE  BY LAW ENFORCEMENT, EMERGENCY RESPONDERS AND DAYCARE
 FACILITY EMPLOYEES.
   5. ON AN ANNUAL BASIS, EVERY DAYCARE FACILITY SHALL  UPDATE  THE  PLAN
 AND  PROVIDE  THE  OFFICE  OF  CHILDREN AND FAMILY SERVICES, PARENTS AND
 FACILITY EMPLOYEES WITH NOTICE DETAILING THE UPDATED PROVISIONS OF  SUCH
 PLAN, IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN THIS SECTION.
   § 2. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.