Bill Text: NY A09777 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires the commissioner of education to establish uniform statewide protocols for diapering and toileting of students in public schools.

Spectrum: Moderate Partisan Bill (Democrat 12-2)

Status: (Passed) 2024-09-27 - signed chap.361 [A09777 Detail]

Download: New_York-2023-A09777-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9777

                   IN ASSEMBLY

                                      April 9, 2024
                                       ___________

        Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
          Committee on Education

        AN ACT to amend the education law, in relation to requiring the  depart-
          ment of education to develop uniform statewide protocols for diapering
          and toileting in public schools

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

     1    Section 1. Section 305 of the education law is amended by adding a new
     2  subdivision 61 to read as follows:
     3    61. a. The commissioner shall  promulgate  rules  and  regulations  to
     4  establish  uniform  statewide  protocols  for diapering and toileting of
     5  students in public schools. Such protocols  shall  include  but  not  be
     6  limited  to:  requiring  schools to provide students and staff with safe
     7  and accessible facilities for diapering and toileting; requiring schools
     8  to provide the proper equipment and supplies  to  maintain  a  safe  and
     9  sanitary area for diapering and toileting; and defining basic procedures
    10  to promote a safe and healthy environment.
    11    b.  For  the purposes of this subdivision, "school" shall be deemed to
    12  include, but not be limited to, a school district, public school,  board
    13  of  cooperative  educational  services,  special  act school district as
    14  defined in section four thousand one of this chapter, approved preschool
    15  special education program pursuant to section forty-four hundred ten  of
    16  this chapter, approved private residential or non-residential school for
    17  the  education  of  students with disabilities including private schools
    18  established under chapter eight hundred fifty-three of the laws of nine-
    19  teen hundred seventy-six, and a  state-supported  school  in  accordance
    20  with article eighty-five of this chapter.
    21    §  2.  This  act shall take effect eighteen months after it shall have
    22  become a law. Effective  immediately,  the  addition,  amendment  and/or
    23  repeal  of  any  rule  or regulation necessary for the implementation of
    24  this act on its effective date are authorized to be made  and  completed
    25  on or before such effective date.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15081-01-4