STATE OF NEW YORK
________________________________________________________________________
3433
2025-2026 Regular Sessions
IN ASSEMBLY
January 27, 2025
___________
Introduced by M. of A. SANTABARBARA -- read once and referred to the
Committee on Education
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:
1 Section 1. The social services law is amended by adding a new section
2 390-n to read as follows:
3 § 390-n. Emergency evacuation and lockdown plans for children with
4 disabilities in daycare facilities. 1. (a) Notwithstanding any provision
5 of law to the contrary, it shall be the duty of every owner and/or oper-
6 ator of a child daycare facility operating in the state to establish and
7 maintain emergency evacuation and lockdown plans for children with disa-
8 bilities within one hundred twenty days of the effective date of this
9 section. For purposes of this section, "child daycare facility" shall
10 include the child care programs set forth in subdivision one of section
11 three hundred ninety of this title, except for an "enrolled legally
12 exempt provider" as such term is defined in paragraph (g) of such subdi-
13 vision.
14 (b) The emergency evacuation and lockdown plan shall be provided to
15 the office of children and family services within seven days of the plan
16 being finalized.
17 2. Each emergency evacuation and lockdown plan required pursuant to
18 this section shall include, but not be limited to, the following
19 elements:
20 (a) procedures for evacuating children with disabilities;
21 (b) lockdown procedures for children with disabilities;
22 (c) a list of children attending the daycare facility who have a disa-
23 bility and who would need assistance during an evacuation, lockdown or
24 any other emergency situation; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01929-01-5
A. 3433 2
1 (d) the location and type of evacuation or lockdown assistance devices
2 or assistive technologies that are available within the daycare facili-
3 ty.
4 3. To the extent practicable, each emergency evacuation and lockdown
5 plan shall take into account the particular disabilities the children in
6 the daycare facility may have.
7 4. (a) Each daycare facility shall make the plan required pursuant to
8 this section available upon request to:
9 (i) local law enforcement and emergency responders;
10 (ii) employees and other personnel of the programs as deemed necessary
11 for purposes of being able to carry out and comply with the emergency
12 evacuation and lockdown plans set forth in this section; and
13 (iii) a parent or custodian; provided, however, a parent or custodian
14 may only receive plan information that pertains directly to a child in
15 their care and custody.
16 (b) All information related to a youth's diagnoses, disabilities, or
17 identification must remain confidential as required by federal and state
18 law.
19 4. A copy of the plan shall be maintained at all times in a place
20 easily accessible by law enforcement, emergency responders and daycare
21 facility employees.
22 5. On an annual basis, every daycare facility shall update the plan
23 and provide the office of children and family services, parents and
24 facility employees with notice detailing the updated provisions of such
25 plan, in accordance with the provisions set forth in this section.
26 § 2. This act shall take effect immediately.
