Bill Text: NY A10565 | 2019-2020 | General Assembly | Amended

---

Bill Title: Prohibits a finding of educational neglect based solely on excessive absence from school in certain situations during the COVID-19 state of emergency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-07-17 - reported referred to rules [A10565 Detail]

Download: New_York-2019-A10565-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                        10565--A

                   IN ASSEMBLY

                                      June 3, 2020
                                       ___________

        Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Perry) --
          read once and referred to the Committee on Children  and  Families  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee

        AN ACT to amend the family court act, in relation to  the  investigation
          of  and findings of educational neglect of a child during the COVID-19
          pandemic

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Subdivision (f) of section 1012 of the family court act is
     2  amended by adding a new paragraph (iii) to read as follows:
     3    (iii) Provided, however, evidence of a child's excessive absence  from
     4  school  shall  not,  by  itself, be sufficient to find that a respondent
     5  failed to provide an adequate education to such child if such  excessive
     6  absence:
     7    (A)  occurred during the state disaster emergency declared pursuant to
     8  executive order 202  of  2020  in  response  to  the  novel  coronavirus
     9  (COVID-19) pandemic; and
    10    (B) is a result of the child not having the opportunity to participate
    11  in remote learning due to:
    12    (1)  a lack of resources or opportunity that would enable the child to
    13  do so, including, but not  limited  to,  lack  of  access  to  necessary
    14  computer  or other electronic equipment or lack of connectivity opportu-
    15  nity; or
    16    (2) the fact that the respondent is an essential worker, is caring for
    17  someone with the novel coronavirus (COVID-19), is sick  with  the  novel
    18  coronavirus  (COVID-19), or is in mandatory or self isolation or quaran-
    19  tine due to potential exposure to the novel coronavirus (COVID-19).
    20    (C) If it is determined that a child's excessive absence  from  school
    21  is due solely to the factors listed in subparagraphs (A) and (B) of this
    22  paragraph,  such  actions  alone shall not establish that the child is a
    23  neglected child in the absence of evidence establishing that the child's
    24  physical, mental or emotional condition has been impaired or is in immi-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16340-04-0
        A. 10565--A                         2

     1  nent danger or becoming impaired as set forth in paragraph (i)  of  this
     2  subdivision.
     3    §  2.  This act shall take effect immediately and shall apply retroac-
     4  tively to  any  reports  made  to  the  statewide  central  register  or
     5  petitions  filed  with  the family court beginning March 7, 2020 and any
     6  time thereafter during the state disaster emergency declared pursuant to
     7  executive order 202  of  2020  in  response  to  the  novel  coronavirus
     8  (COVID-19) pandemic.