Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jul 17, 2020 |
reported referred to rules |
Jul 13, 2020 |
reported referred to codes |
Jul 10, 2020 |
print number 10565a |
Jul 10, 2020 |
amend (t) and recommit to children and families |
Jun 03, 2020 |
referred to children and families |
Assembly Bill A10565A
2019-2020 Legislative Session
Sponsored By
PERRY
Archive: Last 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
Actions
Bill Amendments
2019-A10565 - Details
- Current Committee:
- Assembly Rules
- Law Section:
- Family Court Act
- Laws Affected:
- Amd §1012, Fam Ct Act
2019-A10565 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10565 I N A S S E M B L Y June 3, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Perry) -- 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. c. The provisions of this section shall apply to all investigations of educational neglect commenced since the declaration of the state disas- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
2019-A10565A (ACTIVE) - Details
- Current Committee:
- Assembly Rules
- Law Section:
- Family Court Act
- Laws Affected:
- Amd §1012, Fam Ct Act
2019-A10565A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10565--A I N A S S E M B L Y June 3, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Perry) -- read once and referred to the Committee on Children and Families -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the family court act, in relation 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. Subdivision (f) of section 1012 of the family court act is amended by adding a new paragraph (iii) to read as follows: (III) PROVIDED, HOWEVER, EVIDENCE OF A CHILD'S EXCESSIVE ABSENCE FROM SCHOOL SHALL NOT, BY ITSELF, BE SUFFICIENT TO FIND THAT A RESPONDENT FAILED TO PROVIDE AN ADEQUATE EDUCATION TO SUCH CHILD IF SUCH EXCESSIVE ABSENCE: (A) OCCURRED DURING THE STATE DISASTER EMERGENCY DECLARED PURSUANT TO EXECUTIVE ORDER 202 OF 2020 IN RESPONSE TO THE NOVEL CORONAVIRUS (COVID-19) PANDEMIC; AND (B) IS A RESULT OF THE CHILD NOT HAVING THE OPPORTUNITY TO PARTICIPATE IN REMOTE LEARNING DUE TO: (1) 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 (2) THE FACT THAT THE RESPONDENT 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 OR SELF ISOLATION OR QUARAN- TINE DUE TO POTENTIAL EXPOSURE TO THE NOVEL CORONAVIRUS (COVID-19). (C) IF IT IS DETERMINED THAT A CHILD'S EXCESSIVE ABSENCE FROM SCHOOL IS DUE SOLELY TO THE FACTORS LISTED IN SUBPARAGRAPHS (A) AND (B) OF THIS PARAGRAPH, SUCH ACTIONS ALONE SHALL NOT ESTABLISH THAT THE CHILD IS A NEGLECTED CHILD IN THE ABSENCE OF EVIDENCE ESTABLISHING THAT THE CHILD'S PHYSICAL, MENTAL OR EMOTIONAL CONDITION HAS BEEN IMPAIRED OR IS IN IMMI- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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