NY State Senate Bill 2019-S8398

Senate Bill S8398

2019-2020 Legislative Session

Relates to the investigation of and findings of educational neglect of a child during the COVID-19 pandemic

download bill text pdf

Archive: Last Bill Status - In Senate Committee Children And Families 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 21, 2020	referred to children and families

2019-S8398 (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Family Court Act
Versions Introduced in 2021-2022 Legislative Session:: S1115

2019-S8398 (ACTIVE) - Summary

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.

2019-S8398 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8398

SPONSOR: LIU
 
TITLE OF BILL:

An act relating to the investigation of and findings of educational
neglect of a child during the COVID-19 pandemic

 
PURPOSE:

To protect parents from findings of educational neglect where they have
not been given the resources or opportunity due to the Covid-19 pandemic

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill establishes that a child's excessive absence from
school, by itself, is not sufficient for a finding of educational
neglect if it came during the Covid-19 state of emergency and was a
result of the lack of resources or opportunity for the child to partic-
ipate.

Paragraph b closes any investigation by Child Services if educational
neglect was the only reason for the investigation.  Paragraph c applies
the section to all investigations started during the Covid-19 state of
emergency.

 
JUSTIFICATION:

As noted in online publications, the City and Chalkbeat, students have
been getting reported for suspected educational neglect due to their
non-participation in remote learning. However, many of those families
lack the necessary resources and technology to participate in remote
learning and were still waiting for devices that were promised to them
by the school district.

The Covid-19 pandemic has caused massive disruptions to the daily lives
of all New Yorkers. Due consideration should be given to families strug-
gling to adjust to the challenging circumstances.  Disruptions due to
the sudden school closures and the shift to remote learning should be
taken into consideration.

For example, not every family is fortunate enough to have access to an
Internet connection and a computing device for remote learning purposes.
These families should not be penalized for their inability to partic-
ipate in remote learning when they have not been given the capability to
do so.

As well, consideration must be given to families of Covid-19 patients
and essential service workers. Due to the overwhelmed health care
infrastructure and lack of services, many families have had to navigate
the pandemic without the support they would normally expect.  Families
should not have to worry about being investigated by child services due
to an emergency situation that is beyond their control.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPACT ON THE STATE:
None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S8398 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8398
 
                             I N  S E N A T E
 
                               May 21, 2020
                                ___________
 
 Introduced  by  Sen.  LIU  --  read  twice and ordered printed, and when
   printed to be committed 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.

                                                            LBD16340-03-0

 S. 8398                             2
 
 ter emergency pursuant to executive order 202 of 2020 in response to the
 novel coronavirus (COVID-19) pandemic.
   § 2. This act shall take effect immediately.

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