Prohibits a finding of educational neglect based solely on excessive absence from school in certain situations during the COVID-19 state of emergency, and requires the closure of investigations into claims of educational neglect when the child has not been provided with the resources or opportunity to participate in distance learning during the COVID-19 state of emergency or when the child's parent or caregiver is an essential worker, the fact that the child's parent or guardian is an essential worker, is caring for someone with the novel coronavirus (COVID-19), is sick with the novel coronavirus (COVID-19), or is in mandatory isolation or quarantine.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7170
SPONSOR: Chandler-Waterman TITLE OF BILL:
An act relating to the investigation of and findings of educational
neglect of a child during the COVID-19 pandemic
PURPOSE OR GENERAL IDEA OF BILL:
An act relating to the investigation of and findings of educational
neglect of a child during the COVID-19 pandemic
SUMMARY OF PROVISIONS:
Section one of the bill establishes that a child's excessive absence
from school, by itself, is not sufficient for a finding of educational
neglect if it came during the COV1D-1.9 State of Emergency and was a
result of the lack of resources or opportunity for the child to partic-
ipate. This section also closes any investigation by Child Services if
educational neglect was the only reason for the investigation and states
that this section applies to all investigations begun during the COVID-
19 State of emergency.
Section two of the till provides the effective date.
JUSTIFICATION:
Disruptions due to t:-:e sudden school closures. and the shift to
'remote learning should be taken into consideration for example, riot
every family is fortunate enough to have access .to an Internet
connection and a computing device for remote learning purposes. These
families should not be penalized for their inability to participate in
remote learning when they have not been given the capability to do so.
LEGISLATIVE HISTORY:
2024-2025: A6456 Referred to children and families
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
7170
2025-2026 Regular Sessions
IN ASSEMBLY
March 21, 2025
___________
Introduced by M. of A. CHANDLER-WATERMAN -- read once and referred to
the Committee on Children and Families
AN ACT relating 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. a. Notwithstanding any law, rule or regulation to the
2 contrary, evidence of a child's excessive absence from school shall not,
3 by itself, be sufficient to find that a parent or guardian of the child
4 failed to provide an adequate education to such child if such excessive
5 absence:
6 (i) occurred during the state disaster emergency declared pursuant to
7 executive order 202 of 2020 in response to the novel coronavirus
8 (COVID-19) pandemic; and
9 (ii) is a result of the child not having the opportunity to partic-
10 ipate in remote learning due to:
11 (A) a lack of resources or opportunity that would enable the child to
12 do so, including, but not limited to, lack of access to necessary
13 computer or other electronic equipment or lack of connectivity opportu-
14 nity; or
15 (B) the fact that the child's parent or guardian is an essential work-
16 er, is caring for someone with the novel coronavirus (COVID-19), is sick
17 with the novel coronavirus (COVID-19), or is in mandatory isolation or
18 quarantine.
19 b. Upon a determination that a child's excessive absence from school
20 is due solely to the factors listed in paragraphs (i) and (ii) of subdi-
21 vision a of this section, any investigation into a claim of educational
22 neglect of the child upon a complaint or report by a school or school
23 district shall be closed unless the school or school district demon-
24 strates that the child has had the opportunity and resources to partic-
25 ipate in remote learning and has not done so.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07111-01-5
A. 7170 2
1 c. The provisions of this section shall apply to all investigations of
2 educational neglect commenced since the declaration of the state disas-
3 ter emergency pursuant to executive order 202 of 2020 in response to the
4 novel coronavirus (COVID-19) pandemic.
5 § 2. This act shall take effect immediately.
