BILL NUMBER: S4161

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 people
applying for a teaching certificate or license as a classroom teacher,
teaching assistant, pupil personnel service professional, school admin-
istrator or supervisor, or superintendent of schools must complete
enhanced coursework or training on trauma as it relates to children and
the impact such trauma has on child development and learning.

 
SUMMARY OF PROVISIONS:

The bill amends the education law by adding language recognizing the
effects of trauma on child development. The amendment directs the
Commissioner of Education to require that all people applying for a
              

teaching certificate or license as a classroom teacher, teaching assist-
ant, pupil personnel service professional, school administrator or
supervisor, or superintendent of schools after a certain date shall
complete enhanced coursework or training in trauma as it affects chil-
dren and child development. Certified school administrators or supervi-
sors assigned on or after a specified date will also be required to take
enhanced training in the needs of children who have experienced trauma.

 
EXISTING LAW:

None.

 
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 December
15, 2024, in the Southern District of New York, the city settled a
federal lawsuit alleging that New York City violated 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, by discriminating against them on the basis of their
disabilities and/or perceived disabilities, and by interfering with
their educational opportunities.

The litigation led to the city entering a stipulation that specifically
requires the adoption of de-escalation plans for each school, as well as
requiring the creation of Crisis Intervention Teams in each school.

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 increasingly common for
school officials to use EMS services or even local police when a student
engages in what is considered "disruptive behavior." This practice was
documented more than 20 years ago, in a New York Daily News story titled
"The New Craze:  Schools Using ERs as Dumping Ground" (May 17, 2004). In
the story, hospital staff claimed that children had been taken to emer-
gency rooms in ambulances for disciplinary problems. This issue was
further illustrated by two later Daily News stories: "5-Year-Old Hand-
cuffed in School, Taken to Hospital for Misbehaving" (Jan. 25, 2008) and
"Special-Ed Student Joseph Anderson, 7, Handcuffed by Cops at Queens
School After Easter Egg Tantrum" (April 21, 2011).

In 2017, the Milwaukee Journal Sentinel published a series of new
stories on this issue titled "Kids in Crisis." In one instance, the
reporter observed, "Students are increasingly coming to school with
untreated mental health challenges that interfere with learning"
(Milwaukee Journal Sentinel, Dec. 22, 2017). The story went on to
describe that the Milwaukee public school was responding to the crisis
by embedding therapists in schools to not only assist students, but also
to work with teachers, school counselors, social workers and psychol-
ogists to "develop plans to support students in the classroom and
beyond."

By ensuring that New York State educators - from classroom teachers to
administrators - receive the necessary training to effectively respond
to the needs of students, this legislation will make it less likely that
difficult in-school situations will escalate to the point where emergen-
cy rooms and law enforcement are used.

 
LEGISLATIVE HISTORY:

2019-20: S8985 - Referred to Rules

2021-22: S3699 - Referred to Education

2023-24: S2107A - Amended and Recommitted to Education

 
FISCAL IMPLICATIONS:

To be determined.

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.