Prohibits a finding of educational neglect based solely on excessive absence from school in certain situations during the COVID-19 state of emergency, and requires the closure of investigations into claims of educational neglect when the child has not been provided with the resources or opportunity to participate in distance learning during the COVID-19 state of emergency or when the child's parent or caregiver is an essential worker, the fact that the child's parent or guardian is an essential worker, is caring for someone with the novel coronavirus (COVID-19), is sick with the novel coronavirus (COVID-19), or is in mandatory isolation or quarantine.
S T A T E O F N E W Y O R K
________________________________________________________________________
7170
2025-2026 Regular Sessions
I N A S S E M B L Y
March 21, 2025
___________
Introduced by M. of A. CHANDLER-WATERMAN -- read once and referred to
the Committee on Children and Families
AN ACT relating to the investigation of and findings of educational
neglect of a child during the COVID-19 pandemic
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. a. Notwithstanding any law, rule or regulation to the
contrary, evidence of a child's excessive absence from school shall not,
by itself, be sufficient to find that a parent or guardian of the child
failed to provide an adequate education to such child if such excessive
absence:
(i) occurred during the state disaster emergency declared pursuant to
executive order 202 of 2020 in response to the novel coronavirus
(COVID-19) pandemic; and
(ii) is a result of the child not having the opportunity to partic-
ipate in remote learning due to:
(A) a lack of resources or opportunity that would enable the child to
do so, including, but not limited to, lack of access to necessary
computer or other electronic equipment or lack of connectivity opportu-
nity; or
(B) the fact that the child's parent or guardian is an essential work-
er, is caring for someone with the novel coronavirus (COVID-19), is sick
with the novel coronavirus (COVID-19), or is in mandatory isolation or
quarantine.
b. Upon a determination that a child's excessive absence from school
is due solely to the factors listed in paragraphs (i) and (ii) of subdi-
vision a of this section, any investigation into a claim of educational
neglect of the child upon a complaint or report by a school or school
district shall be closed unless the school or school district demon-
strates that the child has had the opportunity and resources to partic-
ipate in remote learning and has not done so.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07111-01-5
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