NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1576
SPONSOR: Joyner TITLE OF BILL:
An act to amend the education law, in relation to requiring training for
teachers and administrators in the area of childhood trauma
PURPOSE:
To direct the Commissioner of Education to require that all persons
applying for a teaching certificate or license as a special education
teacher on or after January 1, 2022 shall have completed enhanced
coursework or training in the area of trauma as it relates to children
and its impact on child development and learning.
SUMMARY OF PROVISIONS:
Section one of this bill shall amend Section 3004 of the education law
by adding a new subdivision 4-a that recognizes the effects of trauma on
child development and directs the Commissioner of Education to require
that all persons applying for a teaching certificate or license as a
special education teacher on or after January 1, 2019 shall have
completed enhanced coursework or training in the area of trauma as it
relates to children and its impact on child development and learning.
Such regulations shall also include a requirement that enhanced training
in the needs of children who have experienced trauma be provided to each
certified school administrator and supervisor by the date specified.
Section two of this bill provides that this act shall take effect imme-
diately.
JUSTIFICATION:
The excessive use of emergency services in response to in-school disci-
plinary situations in New York City led to the filing of litigation
commonly known as T.H. vs. Farina. In a stipulation filed on Dec. 15,
2014 in the Southern District of New York, the City settled a federal
the lawsuit alleging that New York City violated the federal and New
York constitutions, federal statutes, and the New York City Human Rights
Law by improperly calling 911, by taking plaintiffs to emergency rooms
unnecessarily, discriminating against them on the basis of their disa-
bilities and/or perceived disabilities, and interfering with their
educational opportunities.
The litigation led to the City entering into a stipulation that specif-
ically required the adoption of de-escalation plans for each school and
the establishment of Crisis Intervention Teams in each school. Plain-
tiffs were also provided $500,000 in damages for their pain and suffer-
ing.
The training required by this legislation builds upon the spirit of this
stipulation and would enhance the ability of schools to effectively
address the education needs of all students.
The allegations contained in T.H. vs. Farina are not unique. It has
become an increasingly common practice for school officials to use EMS
services or even local police when a student engages in what is consid-
ered "disruptive behavior". This practice was documented more than a
dozen years ago when the New York Daily News published a story entitled
"The New Craze: Schools Using ERs as Dumping Ground" (May 17, 2004)
which included claims of hospital staff saying many children were being
taken to emergency rooms in ambulances for disciplinary problems. Two
other articles in the same publication further illustrated the signif-
icance of the issue; "5-Year-Old Handcuffed in School, Taken to Hospital
for Misbehaving" (Jan. 25, 2008),"Special-Ed Student Joseph Anderson, 7,
Handcuffed by Cops at Queens School After Easter Egg Tantrum" (April
21,2011).
The issues educators face in effectively responding to the needs of
students who are living with emotional disabilities and trauma is a
national concern and was recently featured in a series of news stories
entitled "Kids in Crisis" that was featured in the Milwaukee Journal
Sentinel. One of the news reports including in the series reported that
"Students are increasingly coming to school with untreated mental health
challenges that interfere with learning." (Milwaukee Journal Sentinel,
Dec. 22, 2017) The same news story also reports that therapists embedded
in Milwaukee public schools not only assist students they also work with
teachers, school counselors, social workers and psychologists to "devel-
op plans to support students in the classroom and beyond":
By ensuring that all educators - from the teacher in the classroom to
the administrators responsible for leading school personnel - have
received the training needed to effectively respond to the, needs of
students, this legislation makes it less likely that difficult in-school
situations will escalate to the point where emergency rooms and local
law enforcement will be used.
LEGISLATIVE HISTORY:
July 2020 - Assembly Bill A10742 Referred to Assembly Education Commit-
tee
Senate Bill 58985 Referred to Senate Rules
02/24/21 referred to education
01/05/22 referred to education
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take immediately.
STATE OF NEW YORK
________________________________________________________________________
1576
2023-2024 Regular Sessions
IN ASSEMBLY
January 17, 2023
___________
Introduced by M. of A. JOYNER -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to requiring training for
teachers and administrators in the area of childhood trauma
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 3004 of the education law is amended by adding a
2 new subdivision 4-a to read as follows:
3 4-a. In recognizing the effects of trauma on child development, the
4 commissioner shall prescribe regulations requiring that all persons
5 applying on or after January first, two thousand twenty-five for a
6 teaching certificate or license as a special education teacher for the
7 purposes pursuant to article eighty-nine of this chapter shall, in addi-
8 tion to all the other certification or licensing requirements, have
9 completed enhanced course work or training in the area of trauma as it
10 relates to children and its impact on child development and learning. In
11 addition, such regulations shall require that enhanced training in the
12 needs of children who have experienced trauma be provided to each certi-
13 fied school administrator or supervisor assigned on or after January
14 first, two thousand twenty-five to serve as a school administrator
15 including a special education administrator. Such training shall be
16 provided prior to, or as soon as practicable following, assignment as a
17 school administrator or special education administrator. Individuals
18 serving as school administrators or special education administrators as
19 of January first, two thousand twenty-five shall complete such training
20 by such date. The enhanced course work or training shall be obtained
21 from an institution or provider which has been approved by the depart-
22 ment to provide such course work or training in the needs of those who
23 have experienced trauma, provided that enhanced training for certified
24 school administrators or supervisors that meets standards prescribed by
25 the commissioner may be included in the professional development
26 provided by the school district or board of cooperative educational
27 services to such administrators or supervisors.
28 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05125-01-3
