NY State Senate Bill 2021-S6794

Senate Bill S6794

2021-2022 Legislative Session

Prohibits the use of remote or virtual learning as a form of punishment or disciplinary action

download bill text pdf

Archive: Last Bill Status - In Senate Committee Education 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to education
May 17, 2021	referred to education

2021-S6794 (ACTIVE) - Details

See Assembly Version of this Bill:: A7913
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §3214, Ed L
Versions Introduced in 2023-2024 Legislative Session:: S1996, A1847

2021-S6794 (ACTIVE) - Summary

Prohibits the use of remote or virtual learning as a form of punishment or disciplinary action; provides exceptions for failure to comply with COVID-19 health and safety protocols.

2021-S6794 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6794

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the education law, in relation to prohibiting the use of
remote or virtual learning as a form of punishment or disciplinary
action

 
PURPOSE:

Prohibits the use of remote or virtual learning as a form of punishment
or disciplinary action.

 
SUMMARY OF PROVISIONS:

Section 1: Provides that school officials cannot require a student to
attend classes via remote or virtual learning as a form of punishment or
disciplinary action, with limited exceptions for public health needs.

Section 2: Sets the effective date.

 
JUSTIFICATION:

The COVID-19 pandemic forced businesses, government, and schools to
quickly innovate and adapt to working remotely. This fundamental change
to how we learn enabled many students to continue learning even in the
face of an overwhelming public health crisis. It also revealed many
disparities that we will continue to address long after the COVID-19
crisis ends, especially how we ensure that each student has access to
sufficient technology and connectivity to succeed in remote learning. As
schools re-open full time to all students, we must now also begin to
determine what role remote or virtual instruction will play as part of
education in New York State. There are many potential benefits that
promise to offer families greater flexibility and accessibility in
schools. There is one use for remote learning that should not be on the
table: use of remote or virtual learning as a punishment. The use of
remote learning as a punishment for students has received some attention
in the national media. This legislation will prohibit the use of remote
learning as a form of punishment or disciplinary action except in limit-
ed circumstances related to compliance with public health orders.

 
FISCAL IMPACT ON THE STATE:

To be determined.

 
LEGISLATIVE HISTORY:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S6794 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6794
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 17, 2021
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law, in relation to prohibiting the use of
   remote or virtual learning as a form  of  punishment  or  disciplinary
   action

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 3214 of the education law is amended  by  adding  a
 new subdivision 3-b to read as follows:
   3-B.  REMOTE  OR VIRTUAL LEARNING AS A PUNISHMENT PROHIBITED. NO BOARD
 OF EDUCATION, BOARD OF  TRUSTEES  OR  SOLE  TRUSTEE,  SUPERINTENDENT  OF
 SCHOOLS, DISTRICT SUPERINTENDENT OF SCHOOLS, SCHOOL PRINCIPAL, OR TEACH-
 ER  SHALL  REQUIRE  A  STUDENT  TO  ATTEND CLASSES VIA REMOTE OR VIRTUAL
 LEARNING AS A FORM  OF  PUNISHMENT  OR  DISCIPLINARY  ACTION.  PROVIDED,
 HOWEVER,  DISCIPLINE  REQUIRING  REMOTE  LEARNING MAY BE IMPLEMENTED FOR
 FAILURE TO ADHERE TO HEALTH AND SAFETY PROTOCOLS, DEVELOPED BY STATE AND
 LOCAL GOVERNMENTS, IN RESPONSE TO THE COVID-19 PANDEMIC,  INCLUDING  BUT
 NOT  LIMITED  TO,  PROTOCOLS RELATED TO MASKS AND SOCIAL DISTANCING. ANY
 SUCH DISCIPLINE SHALL BE INCLUDED  IN  THE  SCHOOL  DISTRICT'S  CODE  OF
 CONDUCT AND ALSO POSTED SEPARATELY ON SUCH SCHOOL DISTRICT'S WEBSITE.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11265-02-1

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