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.
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.
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