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A09001 Summary:

BILL NOA09001A
 
SAME ASSAME AS S02107-A
 
SPONSORTapia
 
COSPNSRWilliams, Alvarez
 
MLTSPNSR
 
Amd 3004, Ed L
 
Relates to requiring training for teachers and administrators in the area of childhood trauma after January 1, 2025.
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A09001 Actions:

BILL NOA09001A
 
02/01/2024referred to education
02/29/2024amend and recommit to education
02/29/2024print number 9001a
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A09001 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9001A
 
SPONSOR: Tapia
  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, 2025 shall have completed enhancedcourse- work 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, 2025 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.   EXISTING LAW: None.   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, 20 4 in the Southern District of New York, the city settled a federal the lawsuit alleging that New York City violate 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 Jocal 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: 2019-20: S.8985/A.'10742 (Joyner) - Referred to Rules 2021-22: S.3699/A.5774 (Joyner) - Referred to Education   FISCAL IMPLICATIONS: To be Determined.   LOCAL FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take immediately.
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A09001 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9001--A
 
                   IN ASSEMBLY
 
                                    February 1, 2024
                                       ___________
 
        Introduced  by  M.  of  A.  TAPIA,  WILLIAMS,  ALVAREZ  -- read once and
          referred to the Committee on Education -- committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
 
        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, including but not limited to a certif-
     7  icate or license valid for service  as  a  classroom  teacher,  teaching
     8  assistant, pupil personnel service professional, school administrator or
     9  supervisor  or  superintendent of schools, shall, in addition to all the
    10  other certification or licensing requirements, have  completed  enhanced
    11  course  work or training in the area of trauma as it relates to children
    12  and its impact on child development  and  learning.  In  addition,  such
    13  regulations  shall  require that enhanced training in the needs of chil-
    14  dren who have experienced trauma be provided to  each  certified  school
    15  administrator  or  supervisor  assigned  on  or after January first, two
    16  thousand twenty-five to serve as a school administrator  including,  but
    17  not  limited to, a special education administrator.  Such training shall
    18  be provided prior to, or as soon as practicable following, assignment as
    19  a school administrator or special education  administrator.  Individuals
    20  serving  as school administrators or special education administrators as
    21  of January first, two thousand twenty-five shall complete such  training
    22  by  such  date.  The  enhanced course work or training shall be obtained
    23  from an institution or provider which has been approved by  the  depart-
    24  ment  to  provide such course work or training in the needs of those who
    25  have experienced trauma, provided that enhanced training  for  certified
    26  school  administrators or supervisors that meets standards prescribed by
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05125-03-4

        A. 9001--A                          2
 
     1  the  commissioner  may  be  included  in  the  professional  development
     2  provided  by  the  school  district  or board of cooperative educational
     3  services to such administrators or supervisors.
     4    § 2. This act shall take effect immediately.
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