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A10063 Summary:

BILL NOA10063B
 
SAME ASSAME AS S08000-B
 
SPONSORJoyner
 
COSPNSRHyndman, Jean-Pierre, McDonald, Ortiz, Walker, Mosley, Seawright, Barron, Rivera, Williams, Taylor, Niou, D'Urso, Arroyo, Lavine, Cook, Blake, Otis
 
MLTSPNSRCrespo, Hooper, Simon
 
Amd 305, Ed L
 
Authorizes and directs the commissioner of education to conduct a study on the effects of trauma on child development and learning and report the findings of such study and any recommendations to the governor and legislature.
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A10063 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10063B
 
SPONSOR: Joyner
  TITLE OF BILL: An act to amend the education law, in relation to authorizing and directing the commissioner of education to conduct a study on the effects of trauma on child development and learning   PURPOSE: To direct the Commissioner of Education to require that all persons applying for a teaching certificate 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.   SUMMARY OF PROVISIONS: Section one of this bill shall amend Section 305 of the education law by adding a new subdivision 59 which authorizes the Commissioner of Educa- tion to conduct a study on the effects of trauma on child development and learning. This study will include types of trauma experienced by students and its impact on child development and learning. This study will also include the availability of trauma screenings and assessments in schools,as well as, trauma related programs, interventions and services in schools, information regarding best practices for school personnel on trauma and information on the correlation between trauma and child development and learning. The Commissioner of Education shall deliver a report of the study's findings, as well as the recommendations based on these findings to the governor, the temporary president of the senate,the speaker of the assembly, and the minority leader of the assembly within one year of this subdivisions effective date. 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 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: New legislation.   EFFECTIVE DATE: Immediately.
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A10063 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10063--B
 
                   IN ASSEMBLY
 
                                     March 14, 2018
                                       ___________
 
        Introduced  by  M.  of A. JOYNER, HYNDMAN, JEAN-PIERRE, McDONALD, ORTIZ,
          WALKER, MOSLEY, SEAWRIGHT, BARRON,  RIVERA,  WILLIAMS,  TAYLOR,  NIOU,
          D'URSO, ARROYO, LAVINE, COOK -- Multi-Sponsored by -- M. of A. CRESPO,
          HOOPER,  SIMON -- read once and referred to the Committee on Education
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and  recommitted to said committee -- again reported from said commit-
          tee with amendments, ordered reprinted as amended and  recommitted  to
          said committee
 
        AN  ACT  to  amend  the  education  law,  in relation to authorizing and
          directing the commissioner of education to  conduct  a  study  on  the
          effects of trauma on child development and learning
 
          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 59 to read as follows:
     3    59. a. The commissioner is authorized and directed to conduct a  study
     4  on  the  effects of trauma on child development and learning. Such study
     5  shall include, but not be limited to, the following:
     6    (i) the types of trauma experienced by students;
     7    (ii) the impacts of trauma on child development and learning;
     8    (iii) screening and assessments of trauma available in schools;
     9    (iv) programs, interventions, and services related to trauma that  are
    10  available in schools; and
    11    (v)  best  practices  for school personnel in the area of trauma as it
    12  relates to child development and learning.
    13    b. Within one year of the effective  date  of  this  subdivision,  the
    14  commissioner  shall  deliver  a report of the findings of such study and
    15  recommendations based on such findings to the  governor,  the  temporary
    16  president of the senate, the speaker of the assembly, the minority lead-
    17  er  of  the  senate and the minority leader of the assembly. Such report
    18  shall also include such legislative proposals as the commissioner  deems
    19  necessary to implement his or her recommendations.
    20    § 2. This act shall take effect immediately.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13733-07-8
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