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S09480 Summary:

BILL NOS09480
 
SAME ASSAME AS A01080-A
 
SPONSORADDABBO
 
COSPNSR
 
MLTSPNSR
 
Add §804-e, Ed L
 
Establishes a mandatory statewide, classroom-based water safety education program; provides that the commissioner of education shall work with New York State Association for Health, Physical Education, Recreation and Dance certified educators to develop and promulgate a statewide, age-appropriate, classroom-based water safety education guidance document; provides that within twenty-four months of the effective date of the bill, the department of education shall initiate statewide implementation of water safety education; provides that instruction shall be classroom-based and waterless and shall not require student access to aquatic facilities, swimming instruction, or in-water assessment.
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S09480 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9480
 
                    IN SENATE
 
                                     March 17, 2026
                                       ___________
 
        Introduced  by  Sen. ADDABBO -- 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 establishing a  manda-
          tory statewide, classroom-based water safety education program
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Legislative findings and  intent.  The  legislature  hereby
     2  finds that:
     3    1.  accidental  drowning  is a leading cause of preventable injury and
     4  death among children and  adolescents,  and  disproportionately  impacts
     5  communities   with  limited  access  to  aquatic  education  and  safety
     6  resources.
     7    2. access to foundational water safety knowledge is a matter of public
     8  health and safety, comparable to fire safety, traffic safety, and  emer-
     9  gency preparedness education.
    10    3.  longstanding  inequities  in  access  to  swimming instruction and
    11  aquatic facilities necessitate a classroom-based, waterless approach  to
    12  water safety education to ensure universal reach.
    13    4.  establishing  a  state-developed,  statewide water safety guidance
    14  document will promote consistency,  equity,  and  accountability  across
    15  public schools and early-childhood education settings.
    16    5.  time  is  of the essence with New York state geography and climate
    17  changing, our extensive coastlines, rivers, lakes and  increasing  expo-
    18  sure to extreme weather and flooding, all New Yorkers across all regions
    19  face evolving water-related risks.
    20    It  is therefore the intent of the legislature to require the develop-
    21  ment and implementation of a statewide, age-appropriate, classroom-based
    22  water safety education, integrated into existing educational frameworks,
    23  and delivered equitably to students throughout New York state.  This  is
    24  essential  to  scaling  proven  drowning  prevention  measures  that are
    25  currently inaccessible to children in our most  resource-limited  neigh-
    26  borhoods.
    27    §  2.  The  education  law is amended by adding a new section 804-e to
    28  read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02436-03-6

        S. 9480                             2
 
     1    § 804-e. Statewide water safety education program in  public  schools.
     2  1.    Definitions. For the purposes of this section, the following terms
     3  shall have the following meanings:
     4    (a)  "water  safety  education" shall mean age-appropriate instruction
     5  designed to equip students with  knowledge  and  decision-making  skills
     6  necessary  to recognize situational water-related risks, understand safe
     7  behaviors in and around bodies of water, and  respond  appropriately  in
     8  water-related emergencies.
     9    (b)  "classroom-based" or "waterless" shall mean instruction delivered
    10  without requiring student access to swimming pools, aquatic  facilities,
    11  or in-water participation.
    12    (c) "early-childhood education settings" shall mean licensed or regis-
    13  tered  childcare  programs,  pre-kindergarten programs, and other early-
    14  learning environments regulated by the state.
    15    2. Curriculum development. (a) The commissioner shall work in conjunc-
    16  tion with New York State Association  for  Health,  Physical  Education,
    17  Recreation  and  Dance  certified  educators to develop and promulgate a
    18  statewide, age-appropriate, classroom-based water safety education guid-
    19  ance document for students in kindergarten through grade twelve and  for
    20  early-childhood education settings.
    21    (b)  The  statewide  water safety education guidance document shall be
    22  aligned with the New York State Aquatic Learning Standards developed  by
    23  the  New  York State Temporary Commission to Prevent Childhood Drowning,
    24  and shall be designed to provide age-appropriate waterless water  safety
    25  education for students in kindergarten through grade twelve.
    26    (c)  The  guidance  document shall provide examples of how to meet the
    27  New York State Education Learning Standards, not  only  physical  educa-
    28  tion,  and  be  designed  to  be  integrated into existing instructional
    29  frameworks.
    30    (d) Documentation of how the district  is  meeting  the  water  safety
    31  education  requirement shall be documented in the District-wide Physical
    32  Education Plan, by grade-level.
    33    3. Scope and content. The statewide water  safety  education  guidance
    34  document shall include, but not be limited to:
    35    (a)  identification of common water-related hazards, including but not
    36  limited to pools, beaches, lakes, rivers, oceans,  flooding  conditions,
    37  and extreme weather;
    38    (b)  safe  behaviors in and around water, including risk avoidance and
    39  situational knowledge and awareness;
    40    (c) recognition of dangerous water conditions and environments;
    41    (d) basic emergency response principles and rescue, including when and
    42  how to seek help;
    43    (e) age-appropriate decision-making and peer-safety awareness;
    44    (f) seasonal and regional  considerations  relevant  to  water  safety
    45  within New York state;
    46    (g)  careers  related  to  lifeguarding,  swim  instruction, and other
    47  aquatic-related jobs within the blue economy;
    48    (h) the proper use of  United  States  coast  guard-approved  personal
    49  floatation devices (PFD) and safety equipment; and
    50    (i) water safety in, at, and around the home.
    51    4. Implementation. (a) Within twenty-four months of the effective date
    52  of this section, the department  shall initiate statewide implementation
    53  of water safety education.
    54    (b)  Instruction pursuant to this section shall be classroom-based and
    55  waterless and shall not require student access  to  aquatic  facilities,
    56  swimming instruction, or in-water assessment.

        S. 9480                             3
 
     1    5.  Educator training and support. (a) Professional development train-
     2  ing may be provided through existing professional development structures
     3  and shall be  designed  to  minimize  administrative  and  instructional
     4  burden.
     5    (b)  Nothing  in this section shall be construed to require the hiring
     6  of additional staff or the construction, use, or modification of aquatic
     7  facilities.
     8    6. Rulemaking authority. The commissioner is authorized to  promulgate
     9  any  rules and regulations necessary to implement the provisions of this
    10  section, provided that such rules and regulations  shall  be  consistent
    11  with the intent and limitations set forth herein.
    12    § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
    13  sion,  section  or  part  of  this act shall be adjudged by any court of
    14  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    15  impair,  or  invalidate  the remainder thereof, but shall be confined in
    16  its operation to the clause, sentence, paragraph,  subdivision,  section
    17  or part thereof directly involved in the controversy in which such judg-
    18  ment shall have been rendered. It is hereby declared to be the intent of
    19  the  legislature  that  this  act  would  have been enacted even if such
    20  invalid provisions had not been included herein.
    21    § 4. This act shall take effect on the one hundred eightieth day after
    22  it shall have become a law. Effective immediately, the addition,  amend-
    23  ment and/or repeal of any rule or regulation necessary for the implemen-
    24  tation  of  this act on its effective date are authorized to be made and
    25  completed on or before such effective date.
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