BILL NUMBER: S3699

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the education law, in relation to requiring training for
teachers and administrators in the area of childhood trauma

 
PURPOSE:

To direct the Commissioner of Education to require that all persons
applying for a teaching certificate or license as a special education
teacher on or after January 1, 2022 shall have completed enhanced
coursework or training in the area of trauma as it relates to children
and its impact on child development and learning.

 
SUMMARY OF PROVISIONS:

Section one of this bill shall amend Section 3004 of the education law
by adding a new subdivision 4-a that recognizes the effects of trauma on
child development and directs the Commissioner of Education to require
              

that all persons applying for a teaching certificate or license as a
special education teacher on or after January 1, 2019 shall have
completed enhanced coursework or training in the area of trauma as it
relates to children and its impact on child development and learning.
Such regulations shall also include a requirement that enhanced training
in the needs of children who have experienced trauma be provided to each
certified school administrator and supervisor by the date specified.

Section two of this bill provides that this act shall take effect imme-
diately.

 
JUSTIFICATION:

The excessive use of emergency services in response to in-school disci-
plinary situations in New York City led to the filing of litigation
commonly known as T.H. vs. Farina. In a stipulation filed on Dec. 15, 20
4 in the Southern District of New York, the city settled a federal the
lawsuit alleging that New York City violate the federal and New York
constitutions, federal statutes, and the New York City Human Rights Law
by improperly calling 911, by taking plaintiffs to emergency rooms
unnecessarily, discriminating against them on the basis of their disa-
bilities and/or perceived disabilities, and interfering with their
educational opportunities.

The litigation led to the City entering into a stipulation that specif-
ically required the adoption of de-escalation plans for each school and
the establishment of Crisis Intervention Teams in each school.  Plain-
tiffs were also provided $500,000 in damages for their pain and suffer-
ing.

The training required by this legislation builds upon the spirit of this
stipulation and would enhance the ability of schools to effectively
address the education needs of all students.

The allegations contained in T.H. vs. Farina are not unique. It has
become an increasingly common practice for school officials to use EMS
services or even local police when a student engages in what is consid-
ered "disruptive behavior". This practice was documented more than a
dozen years ago when the New York Daily News published a story entitled
"The New Craze: Schools Using ERs as Dumping Ground" (May 17, 2004)
which included claims of hospital staff saying many children were being
taken to emergency rooms in ambulances for disciplinary problems. Two
other articles in the same' publication further illustrated the signif-
icance of the issue; "5-Year-Old Handcuffed in School, Taken to Hospital
for Misbehaving" (Jan. 25, 2008),"Special-Ed Student Joseph Anderson, 7,
Handcuffed by Cops at Queens School After Easter Egg Tantrum" (April 21,
2011).

The issues educators face in effectively responding to the needs of
students who are living with emotional disabilities and trauma is a
national concern and was recently featured in a series of news stories
entitled "Kids in Crisis" that was featured in the Milwaukee Journal
Sentinel. One of the news reports including in the series reported that
"Students are increasingly coming to school with untreated mental health
challenges that interfere with learning."  (Milwaukee Journal Sentinel,
Dec. 22, 2017) The same news story also reports that therapists embedded
in Milwaukee public schools not only assist students they also work with
teachers, school counselors, social workers and psychologists to "devel-
op plans to support students in the classroom and beyond".

By ensuring that all educators - from the teacher in the classroom to
the administrators responsible for leading school personnel - have
received the training needed to effectively respond to the, needs of
students, this legislation makes it less likely that difficult in-school
situations will escalate to the point where emergency rooms and local
law enforcement will be used.

 
LEGISLATIVE HISTORY:

2019-20: S.8985/A.10742 (Joyner) - Referred to Rules

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take immediately.