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

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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-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         9777--B

                   IN ASSEMBLY

                                      April 9, 2024
                                       ___________

        Introduced  by  M.  of  A.  BENEDETTO, SAYEGH, TAYLOR, WOERNER, HYNDMAN,
          HUNTER, SLATER, MORINELLO -- read once and referred to  the  Committee
          on  Education -- committee discharged, bill amended, ordered reprinted
          as amended and recommitted to said committee -- committee  discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee

        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 62 to read as follows:
     3    62. 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 a school district, public school, board  of  cooperative  educa-
    13  tional  services, special act school district as defined in section four
    14  thousand one of this chapter, approved private residential or  non-resi-
    15  dential school for the education of students with disabilities including
    16  private  schools  established under chapter eight hundred fifty-three of
    17  the laws of nineteen hundred seventy-six, and a  state-supported  school
    18  in accordance with article eighty-five of this chapter.
    19    §  2.  This  act shall take effect eighteen months after it shall have
    20  become a law. Effective  immediately,  the  addition,  amendment  and/or
    21  repeal  of  any  rule  or regulation necessary for the implementation of
    22  this act on its effective date are authorized to be made  and  completed
    23  on or before such effective date.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15081-06-4