Assembly Bill A4978B

2023-2024 Legislative Session

Requires daycare facilities to maintain evacuation and lockdown plans for children with disabilities during an emergency situation

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Sponsored By

Current 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

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Bill Amendments

co-Sponsors

2023-A4978 - Details

See Senate Version of this Bill:
S1963
Current Committee:
Assembly Education
Law Section:
Social Services Law
Laws Affected:
Add §390-n, Soc Serv L
Versions Introduced in 2021-2022 Legislative Session:
S9472

2023-A4978 - Summary

Requires daycare facilities to maintain evacuation and lockdown plans for children with disabilities during an emergency situation.

2023-A4978 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4978
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on Education
 
 AN ACT to amend the education  law  and  the  social  services  law,  in
   relation to requiring schools and daycare facilities to maintain evac-
   uation plans for children with disabilities during a lockdown or emer-
   gency situation

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new  section  4411
 to read as follows:
   §  4411. EMERGENCY EVACUATION PLANS FOR CHILDREN WITH DISABILITIES. 1.
 NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IT  SHALL  BE  THE
 DUTY OF EVERY BOARD OF EDUCATION OR TRUSTEES OF EACH SCHOOL DISTRICT AND
 THE  CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO ESTABLISH AND MAIN-
 TAIN AN EMERGENCY EVACUATION PLAN  FOR  CHILDREN  WITH  DISABILITIES  IN
 SCHOOLS.
   2.  EACH  EMERGENCY  EVACUATION PLAN REQUIRED PURSUANT TO THIS SECTION
 SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING ELEMENTS:
   (A) PROCEDURES FOR EVACUATING CHILDREN WITH DISABILITIES;
   (B) A LIST OF CHILDREN ATTENDING EACH SCHOOL WITHIN THE  DISTRICT  WHO
 HAVE A DISABILITY AND WHO WOULD NEED ASSISTANCE WITH EVACUATION DURING A
 LOCKDOWN OR ANY OTHER EMERGENCY SITUATION; AND
   (C)  THE  LOCATION AND TYPE OF EVACUATION ASSISTANCE DEVICES OR ASSIS-
 TIVE TECHNOLOGIES THAT ARE AVAILABLE WITHIN THE BUILDING.
   3. EACH SCHOOL DISTRICT SHALL MAKE THE PLAN REQUIRED PURSUANT TO  THIS
 SECTION AVAILABLE UPON REQUEST TO:
   (A) LOCAL LAW ENFORCEMENT AND FIRE SAFETY PERSONNEL; AND
   (B)  EMPLOYEES,  PARENTS  OF  CHILDREN,  AND OTHER PERSONNEL AS DEEMED
 NECESSARY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04786-01-3
 A. 4978                             2

co-Sponsors

2023-A4978A - Details

See Senate Version of this Bill:
S1963
Current Committee:
Assembly Education
Law Section:
Social Services Law
Laws Affected:
Add §390-n, Soc Serv L
Versions Introduced in 2021-2022 Legislative Session:
S9472

2023-A4978A - Summary

Requires daycare facilities to maintain evacuation and lockdown plans for children with disabilities during an emergency situation.

2023-A4978A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4978--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 Introduced  by M. of A. SANTABARBARA, GONZALEZ-ROJAS, BURDICK, WILLIAMS,
   COLTON,  SAYEGH,  GLICK,  SIMONE,  GUNTHER,  KELLES,  BENDETT,  TAGUE,
   JENSEN,   DeSTEFANO,   McDONOUGH,   K. BROWN,   BRABENEC,   MANKTELOW,
   J. A. GIGLIO, RAGA, REYES, TAPIA, LEVENBERG, MCGOWAN, FLOOD, LEMONDES,
   CHANG -- read once and referred  to  the  Committee  on  Education  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the education  law  and  the  social  services  law,  in
   relation to requiring schools and daycare facilities to maintain evac-
   uation plans for children with disabilities during a lockdown or emer-
   gency situation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new  section  4411
 to read as follows:
   §  4411. EMERGENCY EVACUATION PLANS FOR CHILDREN WITH DISABILITIES. 1.
 NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IT  SHALL  BE  THE
 DUTY OF EVERY BOARD OF EDUCATION OR TRUSTEES OF EACH SCHOOL DISTRICT AND
 THE  CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO ESTABLISH AND MAIN-
 TAIN AN EMERGENCY EVACUATION PLAN  FOR  CHILDREN  WITH  DISABILITIES  IN
 SCHOOLS.
   2.  EACH  EMERGENCY  EVACUATION PLAN REQUIRED PURSUANT TO THIS SECTION
 SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING ELEMENTS:
   (A) PROCEDURES FOR EVACUATING CHILDREN WITH DISABILITIES;
   (B) A LIST OF CHILDREN ATTENDING EACH SCHOOL WITHIN THE  DISTRICT  WHO
 HAVE A DISABILITY AND WHO WOULD NEED ASSISTANCE WITH EVACUATION DURING A
 LOCKDOWN OR ANY OTHER EMERGENCY SITUATION; AND
   (C)  THE  LOCATION AND TYPE OF EVACUATION ASSISTANCE DEVICES OR ASSIS-
 TIVE TECHNOLOGIES THAT ARE AVAILABLE WITHIN THE BUILDING.
   3. EACH SCHOOL DISTRICT SHALL MAKE THE PLAN REQUIRED PURSUANT TO  THIS
 SECTION AVAILABLE UPON REQUEST TO:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04786-02-3

co-Sponsors

2023-A4978B (ACTIVE) - Details

See Senate Version of this Bill:
S1963
Current Committee:
Assembly Education
Law Section:
Social Services Law
Laws Affected:
Add §390-n, Soc Serv L
Versions Introduced in 2021-2022 Legislative Session:
S9472

2023-A4978B (ACTIVE) - Summary

Requires daycare facilities to maintain evacuation and lockdown plans for children with disabilities during an emergency situation.

2023-A4978B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4978--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 Introduced  by M. of A. SANTABARBARA, GONZALEZ-ROJAS, BURDICK, WILLIAMS,
   COLTON,  SAYEGH,  GLICK,  SIMONE,  GUNTHER,  KELLES,  BENDETT,  TAGUE,
   JENSEN,   DeSTEFANO,   McDONOUGH,   K. BROWN,   BRABENEC,   MANKTELOW,
   J. A. GIGLIO, RAGA, REYES, TAPIA, LEVENBERG, MCGOWAN, FLOOD, LEMONDES,
   CHANG -- read once and referred  to  the  Committee  on  Education  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- again reported  from  said  committee
   with  amendments, ordered reprinted as amended and recommitted to said
   committee
 
 AN ACT to amend the  social  services  law,  in  relation  to  requiring
   daycare facilities to maintain evacuation and lockdown plans for chil-
   dren with disabilities during an emergency situation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The social services law is amended by adding a new  section
 390-n to read as follows:
   §  390-N.  EMERGENCY  EVACUATION  AND LOCKDOWN PLANS FOR CHILDREN WITH
 DISABILITIES IN DAYCARE FACILITIES. 1. (A) NOTWITHSTANDING ANY PROVISION
 OF LAW TO THE CONTRARY, IT SHALL BE THE DUTY OF EVERY OWNER AND/OR OPER-
 ATOR OF A CHILD DAYCARE FACILITY OPERATING IN THE STATE TO ESTABLISH AND
 MAINTAIN EMERGENCY EVACUATION AND LOCKDOWN PLANS FOR CHILDREN WITH DISA-
 BILITIES WITHIN ONE HUNDRED TWENTY DAYS OF THE EFFECTIVE  DATE  OF  THIS
 SECTION.    FOR PURPOSES OF THIS SECTION, "CHILD DAYCARE FACILITY" SHALL
 INCLUDE THE CHILD CARE PROGRAMS SET FORTH IN SUBDIVISION ONE OF  SECTION
 THREE  HUNDRED  NINETY  OF  THIS  TITLE, EXCEPT FOR AN "ENROLLED LEGALLY
 EXEMPT PROVIDER" AS SUCH TERM IS DEFINED IN PARAGRAPH (G) OF SUCH SUBDI-
 VISION.
   (B) THE EMERGENCY EVACUATION AND LOCKDOWN PLAN SHALL  BE  PROVIDED  TO
 THE OFFICE OF CHILDREN AND FAMILY SERVICES WITHIN SEVEN DAYS OF THE PLAN
 BEING FINALIZED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04786-05-3
 A. 4978--B                          2

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