Benedetto, McDonald, Colton, Jacobson, De Los Santos, Simon, Romero, Hooks, Brown K, Manktelow,
Maher
MLTSPNSR
Establishes a task force to study and make recommendations on chronic absenteeism at public schools in the state of New York; establishes reporting requirements.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A11345
SPONSOR: Rules (Hevesi) TITLE OF BILL:
An act establishing a task force to study and make recommendations on
chronic absenteeism at public schools in the state of New York; and
providing for the repeal of such provisions upon the expiration thereof
PURPOSE OR GENERAL IDEA OF BILL:
Establishes a task force to study and make recommendations on chronic
absenteeism at public schools in the state of New York.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 establishes a task force to study chronic absenteeism at
public schools in the state of New York, outlines the composition there-
of and topics for consideration, and establishes reporting requirements.
Section 2 establishes the effective date.
JUSTIFICATION:
On May 12, 1894, the Governor of the State of New York signed Chapter
671 into law to provide for the 'compulsory education of children.' That
statute provides for the parameters of lawful instruction for children
under 16 years old and included New York State's first attempt to
address the chronic absenteeism of its students.
Section 4 of the statute outlines the duties and penalties for parents /
persons in parental relation to a child. "Every person in parental
relation to a child between 8 and 16 years of age in proper physical and
mental condition to attend school, shall cause such child to attend upon
instruction or give notice to school authorities upon their inability to
do so. A violation of this section for persons in parental relation to a
child was a fine of $5 for the first offense, and no amount exceeding
$50 for each subsequent offense or by imprisonment not exceeding 30 days
or both." (Chapter 671 of 1894, Section 4)
Section 8 of the statute provides for the arrest of truants. "The
attendance officer may arrest without a warrant any child between 8 and
16 years of age, found away from his home, and who then is a truant from
instruction. The officer shall bring the arrested child to 1) the person
in parental relation to the child or 2) in the case of habitual or
incorrigible truants the child must be taken before a police magistrate
to be committed to a truant school. Authorities may provide for the
confinement, maintenance and instruction in truant schools for the up to
the remainder.of the school year or confined to any private school,
orphans home or similar institution." (Chapter 671 of 1894, Section 8)
Today, science confirms that family separation, as required by the laws
of 1894, are a recognized Adverse Childhood Experience (ACE). ACE's are
childhood traumas that trigger the fight or flight response in children.
That response increases the levels of cortisol the body produces, which
is detrimental to the functioning and development of the child's pre-
frontal cortex. It is the prefrontal cortex that is responsible for our
executive function skills, including impulse control, memory, and atten-
tion.
In addition to increased risk of developmental difficulties, the trauma
of family separation leads to behavioral difficulties, long-term mental
health issues and serious health problems. It disrupts foundational
attachment, and triggers intense feelings of abandonment, anxiety, and
depression in children. Family separation is not a responsible response
to chronic absenteeism.
However, despite the recognition of family separation as a childhood
trauma, and while terrific and successful efforts have been taken
address chronic absenteeism by professionals across the educational
spectrum, two core problems remain.
First, our response to chronic absenteeism in New York State continues
to include a path to family separation.New York's Mandated Reporters are
statutorily required to call the State Central Register of Abuse and
Maltreatment (SCR) if there is suspected abuse or maltreatment. The
calls to the SCR trigger invasive, comprehensive months long investi-
gations that put the family at risk of being separated and can and does
lead to breaking up the family unit. In short, we are still allowing an
unwise path to the separation of families because we have not addressed
the actual causes of absenteeism.
Second, a recent Assembly hearing to understand the depths of chronic
absenteeism in New York provided data that outlines a significant socie-
tal failure. Out of New York States two and a half million students, 27%
have recently missed 10% of enrolled instructional days or 18 absences,
the threshold for chronic absenteeism.In New York City alone, approxi-
mately 300,000 public school students were chronically absent in the
last several years, with the highest rates of chronic absenteeism among
homeless students and those in foster care.
This task force is necessary to address both issues, and to finally
respond to chronic absenteeism appropriately in New York State.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This bill shall take effect immediately and shall expire and be deemed
repealed 60 days after the transmission of the report of the findings
and recommendations of the task force.
STATE OF NEW YORK
________________________________________________________________________
11345
IN ASSEMBLY
May 12, 2026
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Hevesi,
Benedetto) -- read once and referred to the Committee on Education
AN ACT establishing a task force to study and make recommendations on
chronic absenteeism at public schools in the state of New York; and
providing for the repeal of such provisions upon the expiration there-
of
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Chronic absenteeism; task force. 1. There shall be estab-
2 lished a task force to study chronic absenteeism at public schools in
3 the state of New York.
4 a. The task force shall be comprised of:
5 (i) the commissioner of education;
6 (ii) the commissioner of the office of children and family services;
7 (iii) seven public members, each of whom has specialized knowledge or
8 expertise in issues related to the work of the task force. One of the
9 public members shall be appointed by the governor, two shall be
10 appointed by the speaker of the assembly; two shall be appointed by the
11 temporary president of the senate; one shall be appointed by the minori-
12 ty leader of the assembly; and one shall be appointed by the minority
13 leader of the senate; and
14 (iv) eleven public members appointed by the governor, who shall
15 include: one member at the recommendation of the school boards associ-
16 ation; one member at the recommendation of the council on school super-
17 intendents; one member at the recommendation of the state united teach-
18 ers; four members at the recommendation of the state education
19 department; and four members at the recommendation of the office of
20 children and family services.
21 b. The appointments to the task force shall be made within thirty days
22 of the effective date of this section. Vacancies in the membership of
23 the task force shall be filled in the same manner as the original
24 appointments were made. Members of the task force shall serve without
25 compensation but shall be reimbursed for necessary expenditures incurred
26 in the performance of their duties as members of the task force within
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15819-01-6
A. 11345 2
1 the limits of funds appropriated or otherwise made available to the task
2 force for its purposes.
3 c. The task force shall organize within thirty days following the
4 appointment of its members. The task force shall choose a chairperson
5 from among its members. The chairperson shall appoint a secretary who
6 need not be a member of the task force.
7 2. The task force shall:
8 a. analyze the root causes of chronic absenteeism, which may include,
9 but are not limited to, barriers to attendance, aversion to school,
10 disengagement from school, mental health, and school climate;
11 b. analyze the impacts of chronic absenteeism on student well-being
12 and academic performance; and
13 c. develop recommendations on the most effective ways to combat chron-
14 ic absenteeism, which may include, but are not limited to, intervention
15 strategies for schools, student support measures, parental education,
16 and family and community engagement.
17 3. The task force shall issue a report to the governor, the speaker of
18 the assembly, the temporary president of the senate, the minority leader
19 of the assembly, the minority leader of the senate, the chair of the
20 assembly committee on education, the ranking minority member of the
21 assembly committee on education, the chair of the senate committee on
22 education, the ranking minority member of the senate committee on educa-
23 tion, the chair of the assembly committee on children and families, the
24 ranking minority member of the assembly committee on children and fami-
25 lies, the chair of the senate committee on children and families, and
26 the ranking minority member of the senate committee on children and
27 families no later than one year after the organization of the task
28 force. The report shall contain the task force's findings and recommen-
29 dations.
30 § 2. This act shall take effect immediately and shall expire and be
31 deemed repealed 60 days after the transmission of the report of the
32 findings and recommendations of the task force, as required by subdivi-
33 sion 3 of section one of this act. Provided, however, that the commis-
34 sioner of the state education department shall notify the legislative
35 bill drafting commission upon the transmission of the report of the
36 findings of the task force, as provided in subdivision 3 of section one
37 of this act, in order that the commission may maintain an accurate and
38 timely effective data base of the official text of the laws of the state
39 of New York in furtherance of effectuating the provisions of section 44
40 of the legislative law and section 70-b of the public officers law.
