NY State Senate Bill 2023-S9147A

Senate Bill S9147A

Signed By Governor

2023-2024 Legislative Session

Requires the commissioner of education to establish uniform statewide protocols for diapering and toileting students in public schools

download bill text pdf

Current Bill Status Via A9777 - Signed by Governor

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 27, 2024	signed chap.361
Sep 20, 2024	delivered to governor
Jun 04, 2024	returned to assembly passed senate 3rd reading cal.1069 substituted for s9147b
Jun 04, 2024	substituted by a9777b
May 20, 2024	amended on third reading 9147b
May 16, 2024	advanced to third reading
May 15, 2024	2nd report cal.
May 14, 2024	1st report cal.1069
May 02, 2024	print number 9147a
May 02, 2024	amend and recommit to education
Apr 30, 2024	referred to education

Votes

- Jun 4, 2024 - Floor Vote
  A9777
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 4, 2024
      
      aye (61)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      excused (1)
      
      Walczyk
  May 14, 2024 - Education Committee Vote
  S9147A
  
  13
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Education Committee Vote: May 14, 2024
      
      aye (13)
      
      Addabbo Jr.
      
      Chu
      
      Cleare
      
      Felder
      
      Jackson
      
      Liu
      
      Mannion
      
      Martinez
      
      Mayer
      
      Stavisky
      
      Tedisco
      
      Weber
      
      Weik
      
      aye wr (2)
      
      Oberacker
      
      Stec

Bill Amendments

Original

B (Active)

2023-S9147 - Details

Law Section:: Education Law
Laws Affected:: Amd §305, Ed L

2023-S9147 - Summary

Requires the commissioner of education to establish uniform statewide protocols for diapering and toileting of students in public schools.

2023-S9147 - Sponsor Memo

                                 
BILL NUMBER: S9147

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the education law, in relation to requiring the depart-
ment of education to develop uniform statewide protocols for diapering
and toileting in public schools

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to require the Commissioner of Education to
establish uniform statewide protocols for the diapering and toileting of
students in public schools.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would direct the Commissioner of Education to
promulgate rules and regulations to establish uniform statewide proto-
cols for diapering and toileting of students in public schools.

Section 2 of this bill provides that the effective date shall take

effect eighteen months after it shall have become a law.

 
JUSTIFICATION:

Currently, the State has no uniform protocols or standards for diapering
and toileting in public schools; such protocols or standards that are
necessary for a healthy learning environment.  Therefore, a remedy to
ensure that school staff remain safe and that students are treated with
care and dignity is critical. Furthermore, schools look to provide a
least-restrictive environment for students with disabilities, who may
stand to benefit the most from universal guidelines. As such, a single,
statewide adopted protocol for diapering and toileting would foster a
positive learning environment for all students, including those with
disabilities. Additionally, school staff who are entrusted to assist
students with diapering and toileting need a uniform standard as well to
limit exposure to bodily fluids. This bill would require the Commission-
er of Education to establish uniform statewide protocols for the diaper-
ing and toileting of students in public schools.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect eighteen months after it shall have become a
law.  Effective immediately,the addition, amendment and/or repeal of any
ruleor regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
effective date

2023-S9147 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9147
 
                             I N  S E N A T E
 
                              April 30, 2024
                                ___________
 
 Introduced  by  Sen. MANNION -- 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 requiring the  depart-
   ment of education to develop uniform statewide protocols for diapering
   and toileting in public schools
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 305 of the education law is amended by adding a new
 subdivision 62 to read as follows:
   62. A. THE COMMISSIONER SHALL  PROMULGATE  RULES  AND  REGULATIONS  TO
 ESTABLISH  UNIFORM  STATEWIDE  PROTOCOLS  FOR DIAPERING AND TOILETING OF
 STUDENTS IN PUBLIC SCHOOLS. SUCH PROTOCOLS  SHALL  INCLUDE  BUT  NOT  BE
 LIMITED  TO:  REQUIRING  SCHOOLS TO PROVIDE STUDENTS AND STAFF WITH SAFE
 AND ACCESSIBLE FACILITIES FOR DIAPERING AND TOILETING; REQUIRING SCHOOLS
 TO PROVIDE THE PROPER EQUIPMENT AND SUPPLIES  TO  MAINTAIN  A  SAFE  AND
 SANITARY AREA FOR DIAPERING AND TOILETING; AND DEFINING BASIC PROCEDURES
 TO PROMOTE A SAFE AND HEALTHY ENVIRONMENT.
   B.  FOR  THE PURPOSES OF THIS SUBDIVISION, "SCHOOL" SHALL BE DEEMED TO
 INCLUDE, BUT NOT BE LIMITED TO, A SCHOOL DISTRICT, PUBLIC SCHOOL,  BOARD
 OF  COOPERATIVE  EDUCATIONAL  SERVICES,  SPECIAL  ACT SCHOOL DISTRICT AS
 DEFINED IN SECTION FOUR THOUSAND ONE OF THIS CHAPTER, APPROVED PRESCHOOL
 SPECIAL EDUCATION PROGRAM PURSUANT TO SECTION FORTY-FOUR HUNDRED TEN  OF
 THIS CHAPTER, APPROVED PRIVATE RESIDENTIAL OR NON-RESIDENTIAL SCHOOL FOR
 THE  EDUCATION  OF  STUDENTS WITH DISABILITIES INCLUDING PRIVATE SCHOOLS
 ESTABLISHED UNDER CHAPTER EIGHT HUNDRED FIFTY-THREE OF THE LAWS OF NINE-
 TEEN HUNDRED SEVENTY-SIX, AND A  STATE-SUPPORTED  SCHOOL  IN  ACCORDANCE
 WITH ARTICLE EIGHTY-FIVE OF THIS CHAPTER.
   §  2.  This  act shall take effect eighteen months after it shall have
 become a law. Effective  immediately,  the  addition,  amendment  and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15081-03-4

co-Sponsors

2023-S9147A - Details

Law Section:: Education Law
Laws Affected:: Amd §305, Ed L

2023-S9147A - Summary

Requires the commissioner of education to establish uniform statewide protocols for diapering and toileting of students in public schools.

2023-S9147A - Sponsor Memo

                                 
BILL NUMBER: S9147A

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the education law, in relation to requiring the depart-
ment of education to develop uniform statewide protocols for diapering
and toileting in public schools

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to require the Commissioner of Education to
establish uniform statewide protocols for the diapering and toileting of
students in public schools.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would direct the Commissioner of Education to
promulgate rules and regulations to establish uniform statewide proto-
cols for diapering and toileting of students in public schools.

Section 2 of this bill provides that the effective date shall take

effect eighteen months after it shall have become a law.

 
JUSTIFICATION:

Currently, the State has no uniform protocols or standards for diapering
and toileting in public schools; such protocols or standards that are
necessary for a healthy learning environment.  Therefore, a remedy to
ensure that school staff remain safe and that students are treated with
care and dignity is critical. Furthermore, schools look to provide a
least-restrictive environment for students with disabilities, who may
stand to benefit the most from universal guidelines. As such, a single,
statewide adopted protocol for diapering and toileting would foster a
positive learning environment for all students, including those with
disabilities. Additionally, school staff who are entrusted to assist
students with diapering and toileting need a uniform standard as well to
limit exposure to bodily fluids. This bill would require the Commission-
er of Education to establish uniform statewide protocols for the diaper-
ing and toileting of students in public schools.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect eighteen months after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for theimplementation of this act on its
effective date are authorized to be made and completed on or before such
effective date

2023-S9147A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9147--A
 
                             I N  S E N A T E
 
                              April 30, 2024
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed 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, in relation to requiring the depart-
   ment of education to develop uniform statewide protocols for diapering
   and toileting in public schools
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 305 of the education law is amended by adding a new
 subdivision 62 to read as follows:
   62.  A.  THE  COMMISSIONER  SHALL  PROMULGATE RULES AND REGULATIONS TO
 ESTABLISH UNIFORM STATEWIDE PROTOCOLS FOR  DIAPERING  AND  TOILETING  OF
 STUDENTS  IN  PUBLIC  SCHOOLS.  SUCH  PROTOCOLS SHALL INCLUDE BUT NOT BE
 LIMITED TO: REQUIRING SCHOOLS TO PROVIDE STUDENTS AND  STAFF  WITH  SAFE
 AND ACCESSIBLE FACILITIES FOR DIAPERING AND TOILETING; REQUIRING SCHOOLS
 TO  PROVIDE  THE  PROPER  EQUIPMENT  AND SUPPLIES TO MAINTAIN A SAFE AND
 SANITARY AREA FOR DIAPERING AND TOILETING; AND DEFINING BASIC PROCEDURES
 TO PROMOTE A SAFE AND HEALTHY ENVIRONMENT.
   B. FOR THE PURPOSES OF THIS SUBDIVISION, "SCHOOL" SHALL BE  DEEMED  TO
 INCLUDE  A  SCHOOL  DISTRICT, PUBLIC SCHOOL, BOARD OF COOPERATIVE EDUCA-
 TIONAL SERVICES, SPECIAL ACT SCHOOL DISTRICT AS DEFINED IN SECTION  FOUR
 THOUSAND  ONE  OF  THIS  CHAPTER,  APPROVED  PRESCHOOL SPECIAL EDUCATION
 PROGRAM PURSUANT TO SECTION FORTY-FOUR  HUNDRED  TEN  OF  THIS  CHAPTER,
 APPROVED PRIVATE RESIDENTIAL OR NON-RESIDENTIAL SCHOOL FOR THE EDUCATION
 OF  STUDENTS  WITH  DISABILITIES  INCLUDING  PRIVATE SCHOOLS ESTABLISHED
 UNDER CHAPTER EIGHT HUNDRED FIFTY-THREE OF THE LAWS OF NINETEEN  HUNDRED
 SEVENTY-SIX,  AND  A  STATE-SUPPORTED  SCHOOL IN ACCORDANCE WITH ARTICLE
 EIGHTY-FIVE OF THIS CHAPTER.
   § 2. This act shall take effect eighteen months after  it  shall  have
 become  a  law.  Effective  immediately,  the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15081-05-4

co-Sponsors

2023-S9147B (ACTIVE) - Details

Law Section:: Education Law
Laws Affected:: Amd §305, Ed L

2023-S9147B (ACTIVE) - Summary

Requires the commissioner of education to establish uniform statewide protocols for diapering and toileting of students in public schools.

2023-S9147B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9147B

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the education law, in relation to requiring the depart-
ment of education to develop uniform statewide protocols for diapering
and toileting in public schools

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to require the Commissioner of Education to
establish urLform statewide protocols for the diapering and toileting of
students in public schools.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would direct the Commissioner of Education to
promulgate rules and regulations to establish uniform statewide proto-
cols for diapering and toileting of students in public schools.

Section 2 of this bill provides that the effective date shall take

effect eighteen months after it shall have become a law.

 
JUSTIFICATION:

Every school should be a safe and welcoming environment, both for
students and staff. Without basic hygiene, safety, and comfort, it is
impossible for students to learn and for staff to teach and nurture
their students.

Currently, the State has no uniform protocols or standards for diapering
and toileting in public schools; such protocols or standards are neces-
sary for a healthy learning environment.  Therefore, a remedy to ensure
that school staff remain safe and that students are treated with care
and dignity is critical. Furthermore, schools look to provide a least-
restrictive environment for students with disabilities, who may stand to
benefit the most from universal guidelines. As such, a single, statewide
adopted protocol for diapering and toileting would foster a positive
learning environment for all students, including those with disabili-
ties. Additionally, school staff who are entrusted to assist students
with diapering and toileting need a uniform standard as well to limit
exposure to bodily fluids. This bill would require the Commissioner of
Education to establish uniform statewide protocols for the diapering and
toileting of students in public schools.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect eighteen months after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
effective date

2023-S9147B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9147--B
     Cal. No. 1069
 
                             I N  S E N A T E
 
                              April 30, 2024
                                ___________
 
 Introduced  by Sens. MANNION, HINCHEY, MAY, SKOUFIS, WEBER -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Education -- committee discharged, bill amended, ordered  reprinted
   as  amended  and  recommitted  to said committee -- reported favorably
   from said committee, ordered to first and second report, ordered to  a
   third  reading,  amended and ordered reprinted, retaining its place in
   the order of third reading
 
 AN ACT to amend the education law, in relation to requiring the  depart-
   ment of education to develop uniform statewide protocols for diapering
   and toileting in public schools
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 305 of the education law is amended by adding a new
 subdivision 62 to read as follows:
   62. A. THE COMMISSIONER SHALL  PROMULGATE  RULES  AND  REGULATIONS  TO
 ESTABLISH  UNIFORM  STATEWIDE  PROTOCOLS  FOR DIAPERING AND TOILETING OF
 STUDENTS IN PUBLIC SCHOOLS. SUCH PROTOCOLS  SHALL  INCLUDE  BUT  NOT  BE
 LIMITED  TO:  REQUIRING  SCHOOLS TO PROVIDE STUDENTS AND STAFF WITH SAFE
 AND ACCESSIBLE FACILITIES FOR DIAPERING AND TOILETING; REQUIRING SCHOOLS
 TO PROVIDE THE PROPER EQUIPMENT AND SUPPLIES  TO  MAINTAIN  A  SAFE  AND
 SANITARY AREA FOR DIAPERING AND TOILETING; AND DEFINING BASIC PROCEDURES
 TO PROMOTE A SAFE AND HEALTHY ENVIRONMENT.
   B.  FOR  THE PURPOSES OF THIS SUBDIVISION, "SCHOOL" SHALL BE DEEMED TO
 INCLUDE A SCHOOL DISTRICT, PUBLIC SCHOOL, BOARD  OF  COOPERATIVE  EDUCA-
 TIONAL  SERVICES, SPECIAL ACT SCHOOL DISTRICT AS DEFINED IN SECTION FOUR
 THOUSAND ONE OF THIS CHAPTER, APPROVED PRIVATE RESIDENTIAL OR  NON-RESI-
 DENTIAL SCHOOL FOR THE EDUCATION OF STUDENTS WITH DISABILITIES INCLUDING
 PRIVATE  SCHOOLS  ESTABLISHED UNDER CHAPTER EIGHT HUNDRED FIFTY-THREE OF
 THE LAWS OF NINETEEN HUNDRED SEVENTY-SIX, AND A  STATE-SUPPORTED  SCHOOL
 IN ACCORDANCE WITH ARTICLE EIGHTY-FIVE OF THIS CHAPTER.
   §  2.  This  act shall take effect eighteen months after it shall have
 become a law. Effective  immediately,  the  addition,  amendment  and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15081-07-4

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Senate Bill S9147A

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Sponsored By

Current Bill Status Via A9777 - Signed by Governor

Bill Amendments

2023-S9147 - Details

2023-S9147 - Summary

2023-S9147 - Sponsor Memo

2023-S9147 - Bill Text download pdf

co-Sponsors

2023-S9147A - Details

2023-S9147A - Summary

2023-S9147A - Sponsor Memo

2023-S9147A - Bill Text download pdf

co-Sponsors

2023-S9147B (ACTIVE) - Details

2023-S9147B (ACTIVE) - Summary

2023-S9147B (ACTIVE) - Sponsor Memo

2023-S9147B (ACTIVE) - Bill Text download pdf

Comments