Requires the school of a child who has their parent, guardian, or other person legally charged with the care or custody of such child arrested or whose house has been visited by police be informed of such arrest or visitation and the school establish procedures to best help such child.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8827
SPONSOR: Brown K TITLE OF BILL:
An act to amend the executive law and the education law, in relation to
requiring the school of a child who has their parent, guardian, or other
person legally charged with the care or custody of such child arrested
or whose house has been visited by police be informed of such arrest or
visitation and the school establish procedures to best help such child
PURPOSE OR GENERAL IDEA OF BILL::
The purpose of this bill is to require that the school of a child who
has their parent or guardian arrested or whose house has been visited by
police be informed of such arrest and the school establish procedures
regarding such instances.
SUMMARY OF PROVISIONS::
Section One of this bill s is amended as follows: Section 214-I of the
executive law, as added by chapter 648 of the laws of 2024, is amended
as follows: child sensitive (arrests)
POLICE INTERACTIONS.ct. The
superintendent, in consultation with the office of children and family
services and the division of criminal justice services, shall develop,
maintain, and disseminate to all members of the state police, including
new and veteran officers, written policies and procedures, regarding
child sensitive (arrest)
POLICE INTERACTION practices. Such policies
and procedures shall ensure the identification and safety of a child
less than eighteen years old when such child's parent, guardian, or
other person legally charged with the care or custody of such child is
arrested
OR IS INTERACTING WITH A STATE POLICE OFFICER AT SUCH CHILD'S
HOME.ct. Such policies and procedures shall include, but not be limited
to: (a) procedures to ensure that the state police officers inquire and
document whether an arrestee is the parent, guardian or person legally
charged with the care of a child; (b) procedures to allow for the
arrangement of temporary care for the child of an arrested parent, guar-
dian or other person legally charged with the care or custody of such
child to ensure such child's safety and well-being, which may include
allowing arrested parent, guardian or other person legally charged with
the care or custody of such child to place additional phone calls to
arrange for child care; (c) education on how witnessing violence causes
emotional harm to children and how law enforcement can assist in mini-
mizing the impact of such harm; (and) (d) information on the availabili-
ty of access to community based providers of crisis intervention, child
protection and other supportive resources that could aid the child of an
arrested parent, guardian or other person legally charged with the care
or custody of such child (.);
(E) PROCEDURES TO ENSURE THAT DESIGNATED
SCHOOL PERSONNEL ARE INFORMED OF THE ARREST OF A PARENT, GUARDIAN OR
PERSON LEGALLY CHARGED WITH THE CARE OR CUSTODY OF A CHILD WHO ATTENDS
THE SCHOOL; AND (F) PROCEDURES TO ENSURE THAT DESIGNATED SCHOOL PERSON-
NEL ARE INFORMED WHEN A STATE POLICE OFFICER VISITS A CHILD WHO ATTENDS
THE SCHOOL'S HOME.
Section two of this bill amends section 305 of the education law by
adding two new subdivisions 63 and 64 to read as follows:
63. THE COMMISSIONER SHALL REQUIRE EACH SCHOOL DISTRICT PROVIDE TRAUMA
SENSITIVE INTERVENTION TRAINING TO ALL SCHOOL EMPLOYEES. SUCH TRAINING
SHALL BE DEVELOPED BY THE COMMISSIONER AND SHALL INCLUDE PROCEDURES TO
ALERT APPROPRIATE SCHOOL STAFF OF A CHILD'S EXPOSURE TO VIOLENCE. 64.
THE COMMISSIONER SHALL REQUIRE EACH SCHOOL DISTRICT TO DESIGNATE CERTAIN
PERSONNEL TO BE INFORMED OF THE ARREST OF A PARENT, GUARDIAN OR PERSON
LEGALLY CHARGED WITH THE CARE OR CUSTODY OF A CHILD WHO ATTENDS THE
SCHOOL AND WHEN A STATE POLICE OFFICER VISITS A CHILD WHO ATTENDS THE
SCHOOL'S HOME. UPON A SCHOOL DISTRICT BEING MADE AWARE OF SUCH ARREST.OR
SUCH VISITATION, THE TEACHERS AND COUNSELORS OF SUCH CHILD SHALL BE MADE
AWARE OF THE ARREST OR VISITATION AND SHALL OBSERVE THE CHILD FOR BEHAV-
IORAL AND ACADEMIC CHANGES USING TRAUMA SENSITIVE INTERVENTIONS WHEN
APPROPRIATE. WHERE A TEACHER NOTICES CHANGES IN THE CHILD'S BEHAVIOR OR
ACADEMIC PERFORMANCE, THEY SHALL REFER THE STUDENT TO THE SCHOOL'S COUN-
SELOR WHO SHALL ASSESS THE CHILD'S NEEDS TO DETERMINE IF
COUNSELING/SERVICES ARE NEEDED AND MAKE A RECOMMENDATION TO THE CHILD'S
PARENT, GUARDIAN OR PERSON LEGALLY CHARGED WITH THE CARE OR CUSTODY OF
CHILD.ct.
Section three of this bill establishes the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
N/A
JUSTIFICATION::
The so called "Handle with Care" bill. When a child is subjected to
trauma inducing events at their home, the child may have an Adverse
Childhood Experience (ACE). Those at the greatest risk of having ACEs
are children of parents or caregivers who are abusive and children who
have family members with substance use disorder, mental health condi-
tions or caregivers that have been arrested.
In a study by the CDC in conjunction with Kaiser Permanente it was found
that ACEs have an impact on learning and success in school. Children
experience difficulties with concentration, emotional regulation,
impulse control, complex decision-making, absenteeism, grade retention
and dropping out. Teachers who are unaware that the child has experi-
enced a traumatic situation can exacerbate the problem by disciplining
the child for their reactionary behavior.
The West Virginia Defending Childhood Initiative (the forerunner of the
Handle With Care program) was designed to create a support system for
children who were exposed to traumatic events. The police when called to
the home of a child, through a simple process of scanning a QR code,
notify the school so that they can help mitigate the negative impact of
the trauma. Schools that are made aware and watch for any red flags find
that the children have improved academic, emotional, and behavioral
outcomes.
This bill shall require that the school of a child, who has been
subjected to some type of trauma inducing event at their home, be
informed so that the school can establish procedures to best help the
child. This bill will help with the earliest possible intervention to
change the lives of those exposed to some trauma inducing event at their
home. It will help to prevent schools and teachers from being unaware of
the crisis the child is experiencing and thus prevent further trauma
occurring due to disciplinary reactions.
PRIOR LEGISLATIVE HISTORY::
New bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS::
None
EFFECTIVE DATE::
This act shall take effect on the first of July next succeeding the date
on which it shall have become a law; provided, however, that if chapter
648 of the laws of 2024 shall not have taken effect on or before such
date then this act shall take effect on the same date and in the same
manner as such chapter of the laws of 2024 takes effect. Effective
immediately, the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of this act on its effective
date are authorized to be made and completed on or before such effective
date.
STATE OF NEW YORK
________________________________________________________________________
8827
2025-2026 Regular Sessions
IN ASSEMBLY
June 9, 2025
___________
Introduced by M. of A. K. BROWN -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the executive law and the education law, in relation to
requiring the school of a child who has their parent, guardian, or
other person legally charged with the care or custody of such child
arrested or whose house has been visited by police be informed of such
arrest or visitation and the school establish procedures to best help
such child
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 214-i of the executive law, as added by chapter 648
2 of the laws of 2024, is amended to read as follows:
3 § 214-i. Child-sensitive [arrests] police interactions. The super-
4 intendent, in consultation with the office of children and family
5 services and the division of criminal justice services, shall develop,
6 maintain and disseminate to all members of the state police, including
7 new and veteran officers, written policies and procedures, regarding
8 child-sensitive [arrest] police interaction practices. Such policies and
9 procedures shall ensure the identification and safety of a child less
10 than eighteen years old when such child's parent, guardian, or other
11 person legally charged with the care or custody of such child is
12 arrested or is interacting with a state police officer at such child's
13 home. Such policies and procedures shall include, but not be limited to:
14 (a) procedures to ensure that state police officers inquire and docu-
15 ment whether an arrestee is the parent, guardian or person legally
16 charged with the care or custody of a child;
17 (b) procedures to allow for the arrangement of temporary care for the
18 child of an arrested parent, guardian or other person legally charged
19 with the care or custody of such child to ensure such child's safety and
20 well-being, which may include allowing the arrested parent, guardian or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06975-02-5
A. 8827 2
1 other person legally charged with the care or custody of such child to
2 place additional phone calls to arrange for child care;
3 (c) education on how witnessing violence causes emotional harm to
4 children and how law enforcement can assist in minimizing the impact of
5 such harm; [and]
6 (d) information on the availability of access to community-based
7 providers of crisis intervention, child protection and other supportive
8 resources that could aid the child of an arrested parent, guardian or
9 other person legally charged with the care or custody of such child[.];
10 (e) procedures to ensure that designated school personnel are informed
11 of the arrest of a parent, guardian or person legally charged with the
12 care or custody of a child who attends the school; and
13 (f) procedures to ensure that designated school personnel are informed
14 when a state police officer visits a child who attends the school's
15 home.
16 § 2. Section 305 of the education law is amended by adding two new
17 subdivisions 63 and 64 to read as follows:
18 63. The commissioner shall require each school district provide trauma
19 sensitive intervention training to all school employees. Such training
20 shall be developed by the commissioner and shall include procedures to
21 alert appropriate school staff of a child's exposure to violence.
22 64. The commissioner shall require each school district to designate
23 certain personnel to be informed of the arrest of a parent, guardian or
24 person legally charged with the care or custody of a child who attends
25 the school and when a state police officer visits a child who attends
26 the school's home. Upon a school district being made aware of such
27 arrest or such visitation, the teachers and counselors of such child
28 shall be made aware of the arrest or visitation and shall observe the
29 child for behavioral and academic changes using trauma sensitive inter-
30 ventions where appropriate. Where a teacher notices changes in the
31 child's behavior or academic performance, they shall refer the student
32 to the school's counselor who shall assess the child's needs to deter-
33 mine if counseling/services are needed and make a recommendation to the
34 child's parent, guardian or person legally charged with the care or
35 custody of a child.
36 § 3. This act shall take effect on the first of July next succeeding
37 the date on which it shall have become a law; provided, however, that if
38 chapter 648 of the laws of 2024 shall not have taken effect on or before
39 such date then this act shall take effect on the same date and in the
40 same manner as such chapter of the laws of 2024 takes effect. Effective
41 immediately, the addition, amendment and/or repeal of any rule or regu-
42 lation necessary for the implementation of this act on its effective
43 date are authorized to be made and completed on or before such effective
44 date.
