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.
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.