NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A11025
SPONSOR: Rules (Byrnes)
 
TITLE OF BILL:
An act in relation to limiting the liability of a school
 
PURPOSE OR GENERAL IDEA OF BILL:
To limit the liability of school districts that are compliant with New
York State re-opening guidelines outlined by New York State Departments
of Education, Health, and the Governor's Office.
 
SUMMARY OF PROVISIONS:
Section 1: States that schools holding in-person instruction that are
compliant with New York State re-opening guidelines outlined by New York
State Departments of Education, Health, and the Governor's Office shall
not be liable for damages due to a person contracting novel coronavirus
(COVID19)
Section 2: Provides the effective date
 
JUSTIFICATION:
Traditionally, this is the hectic time of year where parents, teachers,
and students are adjusting to their first week of school. This year, it
is chaotic for other reasons. School officials have vocalized their
concerns on reopening, and the delayed, limited guidance from Governor
Cuomo. Further, they have raised concerns over the potential liability
that can fall on the school districts if students and teachers get sick
from COVID-19.
This bill would protect school districts that conduct in-person instruc-
tion from litigation, as long as they adhere to Governor Cuomo's Execu-
tive Orders and the New York State Departments of Education and Health
guidelines. Without this pertinent legislation, small school districts
in our state are at risk of falling into deeper economic trouble than
this health and economic crisis has put them in.
 
PRIOR LEGISLATIVE HISTORY:
New bill
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
 
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
11025
IN ASSEMBLY
October 7, 2020
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Byrnes,
Crouch, DeStefano, Giglio, Kolb, McDonough, Tague) -- read once and
referred to the Committee on Education
AN ACT in relation to limiting the liability of a school
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Notwithstanding any provision of law, rule or regulation to
2 the contrary, any school that holds in-person instruction in compliance
3 with individual school plans approved by the state departments of educa-
4 tion and health and related COVID-19 emergency rules, or otherwise in
5 accordance with applicable law and any further amendments or modifica-
6 tions thereto, shall not be liable for any damages due to a person
7 contracting novel coronavirus, COVID-19, while attending such in-person
8 instruction.
9 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD17227-01-0