New York Assembly Bill A04978 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 4978--A 2023-2024 Regular Sessions  IN ASSEMBLY February 27, 2023 ___________ Introduced by M. of A. SANTABARBARA, GONZALEZ-ROJAS, BURDICK, WILLIAMS, COLTON, SAYEGH, GLICK, SIMONE, GUNTHER, KELLES, BENDETT, TAGUE, JENSEN, DeSTEFANO, McDONOUGH, K. BROWN, BRABENEC, MANKTELOW, J. A. GIGLIO, RAGA, REYES, TAPIA, LEVENBERG, MCGOWAN, FLOOD, LEMONDES, CHANG -- read once and referred to the Committee on Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law and the social services law, in relation to requiring schools and daycare facilities to maintain evac- uation plans for children with disabilities during a lockdown or emer- gency situation The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The education law is amended by adding a new section 4411 2 to read as follows: 3 § 4411. Emergency evacuation plans for children with disabilities. 1. 4 Notwithstanding any provision of law to the contrary, it shall be the 5 duty of every board of education or trustees of each school district and 6 the city school district of the city of New York to establish and main- 7 tain an emergency evacuation plan for children with disabilities in 8 schools. 9 2. Each emergency evacuation plan required pursuant to this section 10 shall include, but not be limited to, the following elements: 11 (a) procedures for evacuating children with disabilities; 12 (b) a list of children attending each school within the district who 13 have a disability and who would need assistance with evacuation during a 14 lockdown or any other emergency situation; and 15 (c) the location and type of evacuation assistance devices or assis- 16 tive technologies that are available within the building. 17 3. Each school district shall make the plan required pursuant to this 18 section available upon request to: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04786-02-3 
 A. 4978--A 2 1 (a) local law enforcement and fire safety personnel; and 2 (b) employees, parents of children, and other personnel as deemed 3 necessary. 4 4. A copy of such plan shall be maintained at all times in a place 5 easily accessible by law enforcement, fire safety personnel and school 6 employees. 7 5. On an annual basis, every school district shall update their emer- 8 gency evacuation plan and provide the children, parents and school 9 employees with notice detailing the updated provisions of such plan. 10 § 2. The social services law is amended by adding a new section 390-n 11 to read as follows: 12 § 390-n. Emergency evacuation plans for children with disabilities in 13 daycare facilities. 1. Notwithstanding any provision of law to the 14 contrary, it shall be the duty of every owner of a daycare facility 15 operating in the state who provides daycare services to children with 16 disabilities to establish and maintain an emergency evacuation plan for 17 children with disabilities. For purposes of this section, "daycare 18 facility" shall mean licensed and registered child daycare homes, 19 programs and facilities. 20 2. Each emergency evacuation plan required pursuant to this section 21 shall include, but not be limited to, the following elements: 22 (a) procedures for evacuating children with disabilities; 23 (b) a list of children attending the daycare facility who have a disa- 24 bility and who would need assistance with evacuation during a lockdown 25 or any other emergency situation; and 26 (c) the location and type of evacuation assistance devices or assis- 27 tive technologies that are available within the daycare facility. 28 3. Each daycare facility shall make the plan required pursuant to this 29 section available upon request to: 30 (a) local law enforcement and fire safety personnel; and 31 (b) employees, parents of children, and other personnel as deemed 32 necessary. 33 4. A copy of such plan shall be maintained at all times in a place 34 easily accessible by law enforcement, fire safety personnel and daycare 35 facility employees. 36 5. On an annual basis, every daycare facility shall update their emer- 37 gency evacuation plan and provide the children, parents and facility 38 employees with notice detailing the updated provisions of such plan. 39 6. Nothing in this section shall require a daycare facility that does 40 not provide care to a child with a disability to create an emergency 41 evacuation plan for children with disabilities. In addition, nothing in 42 this section shall require a daycare facility to create a plan pursuant 43 to this section if the daycare facility is already subject to a federal 44 or state law or regulation requiring them to have a plan for the emer- 45 gency evacuation of children if the plan addresses the evacuation of 46 children with disabilities under its care. 47 § 3. This act shall take effect immediately.