A 7170: Prohibits a finding of educational neglect based solely on excessive absence from school in certain situations during the COVID-19 state of emergency, and requires the closure of investigations into claims of educational neglect when the child has not been provided with the resources or opportunity to participate in distance learning during the COVID-19 state of emergency or when the child's parent or caregiver is an essential worker, the fact that the child's parent or guardian is an essential worker, is caring for someone with the novel coronavirus (COVID-19), is sick with the novel coronavirus (COVID-19), or is in mandatory isolation or quarantine.

  
  STATE OF NEW YORK ________________________________________________________________________ 7170 2025-2026 Regular Sessions  IN ASSEMBLY March 21, 2025 ___________ Introduced by M. of A. CHANDLER-WATERMAN -- read once and referred to the Committee on Children and Families AN ACT relating to the investigation of and findings of educational neglect of a child during the COVID-19 pandemic The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. a. Notwithstanding any law, rule or regulation to the 2 contrary, evidence of a child's excessive absence from school shall not, 3 by itself, be sufficient to find that a parent or guardian of the child 4 failed to provide an adequate education to such child if such excessive 5 absence: 6 (i) occurred during the state disaster emergency declared pursuant to 7 executive order 202 of 2020 in response to the novel coronavirus 8 (COVID-19) pandemic; and 9 (ii) is a result of the child not having the opportunity to partic- 10 ipate in remote learning due to: 11 (A) a lack of resources or opportunity that would enable the child to 12 do so, including, but not limited to, lack of access to necessary 13 computer or other electronic equipment or lack of connectivity opportu- 14 nity; or 15 (B) the fact that the child's parent or guardian is an essential work- 16 er, is caring for someone with the novel coronavirus (COVID-19), is sick 17 with the novel coronavirus (COVID-19), or is in mandatory isolation or 18 quarantine. 19 b. Upon a determination that a child's excessive absence from school 20 is due solely to the factors listed in paragraphs (i) and (ii) of subdi- 21 vision a of this section, any investigation into a claim of educational 22 neglect of the child upon a complaint or report by a school or school 23 district shall be closed unless the school or school district demon- 24 strates that the child has had the opportunity and resources to partic- 25 ipate in remote learning and has not done so. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07111-01-5 
 A. 7170 2 1 c. The provisions of this section shall apply to all investigations of 2 educational neglect commenced since the declaration of the state disas- 3 ter emergency pursuant to executive order 202 of 2020 in response to the 4 novel coronavirus (COVID-19) pandemic. 5 § 2. This act shall take effect immediately.