New York 2025-2026 Regular Session

New York Assembly Bill A03433

Introduced
1/27/25  
Refer
1/27/25  

Caption

Requires daycare facilities to maintain evacuation and lockdown plans for children with disabilities during an emergency situation.

Summary

This bill would require every child daycare facility in New York State, except enrolled legally exempt providers, to create and maintain emergency evacuation and lockdown plans specifically addressing children with disabilities. The plans must be developed within 120 days of the law’s effective date and submitted to the Office of Children and Family Services within seven days after finalization. Each plan must include procedures for evacuating and locking down children with disabilities, identify children who may need assistance during an emergency, and describe any evacuation or lockdown assistance devices or assistive technologies available at the facility. The bill also requires daycare facilities to tailor plans, to the extent practicable, to the particular disabilities of children in care. Facilities must make the plans available to law enforcement, emergency responders, relevant staff, and parents or custodians, while limiting parent access to information only about their own child. Confidentiality protections for diagnoses, disabilities, and identifying information remain in place under state and federal law. Plans must be kept in an accessible location and updated annually, with notice of updates provided to OCFS, parents, and employees. The act would take effect immediately.

Impact

The bill would amend the Social Services Law by adding a new section 390-n, creating a statewide emergency planning requirement for daycare facilities focused on children with disabilities. It would impose new compliance duties on child daycare providers, require coordination with the Office of Children and Family Services, and establish ongoing annual update and notice obligations. The measure would also affect how facilities handle confidential disability-related information and how they share emergency plans with staff, parents, and first responders.

Sentiment

Based on the bill text and the absence of recorded committee debate or votes, the overall sentiment appears supportive and protective in nature. The proposal is framed as a child safety and emergency preparedness measure, with a particular focus on vulnerable children who may need individualized assistance during evacuations or lockdowns. No opposition is documented in the provided materials, and the bill’s requirements are presented as straightforward safety and administrative obligations.

Contention

The main potential points of contention are likely to be the administrative and operational burden on daycare facilities, especially smaller providers, in developing individualized plans, maintaining updated child-specific information, and coordinating confidentiality requirements. Another possible issue is the balance between sharing enough information with emergency responders and staff to ensure safety while limiting disclosure to parents or custodians to information about only their own child. The bill also excludes enrolled legally exempt providers, which may raise questions about coverage and consistency across child care settings.

Companion Bills

NY S01197

Same As Requires daycare facilities to maintain evacuation and lockdown plans for children with disabilities during an emergency situation.

Previously Filed As

NY S01963

Requires daycare facilities to maintain evacuation and lockdown plans for children with disabilities during an emergency situation.

NY S01197

Requires daycare facilities to maintain evacuation and lockdown plans for children with disabilities during an emergency situation.

NY HB1426

Peace officers; training in evacuation of persons with disabilities during an emergency; provide

NY S462

Requires all pet shops, grooming facilities, and pet daycares to install and maintain video monitoring systems.

NY A3320

Requires all pet shops, grooming facilities, and pet daycares to install and maintain video monitoring systems.

NY SB451

Peace Officers; training in the evacuation of persons with disabilities during an emergency; provide

NY HB1806

Students with disabilities; individualized accommodations and supports during emergency evacuations.

NY SB1639

ESAs; children with disabilities; evaluations

NY SB1698

ESAs; children with disabilities; evaluations

NY SB582

Health and care facilities: licensing during emergencies or disasters.

Similar Bills

IL HB5320

EDUC/GUN OWNER-FIREARM SAFETY

WI AB827

School lockdown announcements. (FE)

WI SB836

School lockdown announcements. (FE)

MT HB651

Allow for temporary door locks during emergency situations

NJ S505

Directs Attorney General to provide annual training to public and nonpublic school students and staff on roles and responsibilities before, during, and after school emergencies.

IL HB1787

SCH SAFETY DRILLS-TRAIN SUBS

IL HB4297

CD CORR-FAMILY NOTIFICATION

NJ S3257

Requires licensed child care centers to provide annual notice of emergency procedure requirements.