A 4388: Prohibits the use of remote or virtual learning as a form of punishment or disciplinary action; provides exceptions for failure to comply with COVID-19 health and safety protocols.

  
  STATE OF NEW YORK ________________________________________________________________________ 4388 2025-2026 Regular Sessions  IN ASSEMBLY February 4, 2025 ___________ Introduced by M. of A. O'PHARROW -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to prohibiting the use of remote or virtual learning as a form of punishment or disciplinary action The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 3214 of the education law is amended by adding a 2 new subdivision 3-b to read as follows: 3 3-b. Remote or virtual learning as a punishment prohibited. No board 4 of education, board of trustees or sole trustee, superintendent of 5 schools, district superintendent of schools, school principal, or teach- 6 er shall require a student to attend classes via remote or virtual 7 learning as a form of punishment or disciplinary action. Provided, 8 however, discipline requiring remote learning may be implemented for 9 failure to adhere to health and safety protocols, developed by state and 10 local governments, in response to the COVID-19 pandemic, including but 11 not limited to, protocols related to masks and social distancing. Any 12 such discipline shall be included in the school district's code of 13 conduct and also posted separately on such school district's website. 14 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04922-01-5