Senate Bill S9480

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9480
 
                             I N  S E N A T E
 
                              March 17, 2026
                                ___________
 
 Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law, in relation to establishing a  manda-
   tory statewide, classroom-based water safety education program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Legislative findings and  intent.  The  legislature  hereby
 finds that:
   1.  accidental  drowning  is a leading cause of preventable injury and
 death among children and  adolescents,  and  disproportionately  impacts
 communities   with  limited  access  to  aquatic  education  and  safety
 resources.
   2. access to foundational water safety knowledge is a matter of public
 health and safety, comparable to fire safety, traffic safety, and  emer-
 gency preparedness education.
   3.  longstanding  inequities  in  access  to  swimming instruction and
 aquatic facilities necessitate a classroom-based, waterless approach  to
 water safety education to ensure universal reach.
   4.  establishing  a  state-developed,  statewide water safety guidance
 document will promote consistency,  equity,  and  accountability  across
 public schools and early-childhood education settings.
   5.  time  is  of the essence with New York state geography and climate
 changing, our extensive coastlines, rivers, lakes and  increasing  expo-
 sure to extreme weather and flooding, all New Yorkers across all regions
 face evolving water-related risks.
   It  is therefore the intent of the legislature to require the develop-
 ment and implementation of a statewide, age-appropriate, classroom-based
 water safety education, integrated into existing educational frameworks,
 and delivered equitably to students throughout New York state.  This  is
 essential  to  scaling  proven  drowning  prevention  measures  that are
 currently inaccessible to children in our most  resource-limited  neigh-
 borhoods.
   §  2.  The  education  law is amended by adding a new section 804-e to
 read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02436-03-6
 S. 9480                             2
 
   § 804-E. STATEWIDE WATER SAFETY EDUCATION PROGRAM IN  PUBLIC  SCHOOLS.
 1.    DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "WATER  SAFETY  EDUCATION" SHALL MEAN AGE-APPROPRIATE INSTRUCTION
 DESIGNED TO EQUIP STUDENTS WITH  KNOWLEDGE  AND  DECISION-MAKING  SKILLS
 NECESSARY  TO RECOGNIZE SITUATIONAL WATER-RELATED RISKS, UNDERSTAND SAFE
 BEHAVIORS IN AND AROUND BODIES OF WATER, AND  RESPOND  APPROPRIATELY  IN
 WATER-RELATED EMERGENCIES.
   (B)  "CLASSROOM-BASED" OR "WATERLESS" SHALL MEAN INSTRUCTION DELIVERED
 WITHOUT REQUIRING STUDENT ACCESS TO SWIMMING POOLS, AQUATIC  FACILITIES,
 OR IN-WATER PARTICIPATION.
   (C) "EARLY-CHILDHOOD EDUCATION SETTINGS" SHALL MEAN LICENSED OR REGIS-
 TERED  CHILDCARE  PROGRAMS,  PRE-KINDERGARTEN PROGRAMS, AND OTHER EARLY-
 LEARNING ENVIRONMENTS REGULATED BY THE STATE.
   2. CURRICULUM DEVELOPMENT. (A) THE COMMISSIONER SHALL WORK IN CONJUNC-
 TION WITH NEW YORK STATE ASSOCIATION  FOR  HEALTH,  PHYSICAL  EDUCATION,
 RECREATION  AND  DANCE  CERTIFIED  EDUCATORS TO DEVELOP AND PROMULGATE A
 STATEWIDE, AGE-APPROPRIATE, CLASSROOM-BASED WATER SAFETY EDUCATION GUID-
 ANCE DOCUMENT FOR STUDENTS IN KINDERGARTEN THROUGH GRADE TWELVE AND  FOR
 EARLY-CHILDHOOD EDUCATION SETTINGS.
   (B)  THE  STATEWIDE  WATER SAFETY EDUCATION GUIDANCE DOCUMENT SHALL BE
 ALIGNED WITH THE NEW YORK STATE AQUATIC LEARNING STANDARDS DEVELOPED  BY
 THE  NEW  YORK STATE TEMPORARY COMMISSION TO PREVENT CHILDHOOD DROWNING,
 AND SHALL BE DESIGNED TO PROVIDE AGE-APPROPRIATE WATERLESS WATER  SAFETY
 EDUCATION FOR STUDENTS IN KINDERGARTEN THROUGH GRADE TWELVE.
   (C)  THE  GUIDANCE  DOCUMENT SHALL PROVIDE EXAMPLES OF HOW TO MEET THE
 NEW YORK STATE EDUCATION LEARNING STANDARDS, NOT  ONLY  PHYSICAL  EDUCA-
 TION,  AND  BE  DESIGNED  TO  BE  INTEGRATED INTO EXISTING INSTRUCTIONAL
 FRAMEWORKS.
   (D) DOCUMENTATION OF HOW THE DISTRICT  IS  MEETING  THE  WATER  SAFETY
 EDUCATION  REQUIREMENT SHALL BE DOCUMENTED IN THE DISTRICT-WIDE PHYSICAL
 EDUCATION PLAN, BY GRADE-LEVEL.
   3. SCOPE AND CONTENT. THE STATEWIDE WATER  SAFETY  EDUCATION  GUIDANCE
 DOCUMENT SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A)  IDENTIFICATION OF COMMON WATER-RELATED HAZARDS, INCLUDING BUT NOT
 LIMITED TO POOLS, BEACHES, LAKES, RIVERS, OCEANS,  FLOODING  CONDITIONS,
 AND EXTREME WEATHER;
   (B)  SAFE  BEHAVIORS IN AND AROUND WATER, INCLUDING RISK AVOIDANCE AND
 SITUATIONAL KNOWLEDGE AND AWARENESS;
   (C) RECOGNITION OF DANGEROUS WATER CONDITIONS AND ENVIRONMENTS;
   (D) BASIC EMERGENCY RESPONSE PRINCIPLES AND RESCUE, INCLUDING WHEN AND
 HOW TO SEEK HELP;
   (E) AGE-APPROPRIATE DECISION-MAKING AND PEER-SAFETY AWARENESS;
   (F) SEASONAL AND REGIONAL  CONSIDERATIONS  RELEVANT  TO  WATER  SAFETY
 WITHIN NEW YORK STATE;
   (G)  CAREERS  RELATED  TO  LIFEGUARDING,  SWIM  INSTRUCTION, AND OTHER
 AQUATIC-RELATED JOBS WITHIN THE BLUE ECONOMY;
   (H) THE PROPER USE OF  UNITED  STATES  COAST  GUARD-APPROVED  PERSONAL
 FLOATATION DEVICES (PFD) AND SAFETY EQUIPMENT; AND
   (I) WATER SAFETY IN, AT, AND AROUND THE HOME.
   4. IMPLEMENTATION. (A) WITHIN TWENTY-FOUR MONTHS OF THE EFFECTIVE DATE
 OF THIS SECTION, THE DEPARTMENT  SHALL INITIATE STATEWIDE IMPLEMENTATION
 OF WATER SAFETY EDUCATION.
   (B)  INSTRUCTION PURSUANT TO THIS SECTION SHALL BE CLASSROOM-BASED AND
 WATERLESS AND SHALL NOT REQUIRE STUDENT ACCESS  TO  AQUATIC  FACILITIES,
 SWIMMING INSTRUCTION, OR IN-WATER ASSESSMENT.
 S. 9480                             3
 
   5.  EDUCATOR TRAINING AND SUPPORT. (A) PROFESSIONAL DEVELOPMENT TRAIN-
 ING MAY BE PROVIDED THROUGH EXISTING PROFESSIONAL DEVELOPMENT STRUCTURES
 AND SHALL BE  DESIGNED  TO  MINIMIZE  ADMINISTRATIVE  AND  INSTRUCTIONAL
 BURDEN.
   (B)  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE THE HIRING
 OF ADDITIONAL STAFF OR THE CONSTRUCTION, USE, OR MODIFICATION OF AQUATIC
 FACILITIES.
   6. RULEMAKING AUTHORITY. THE COMMISSIONER IS AUTHORIZED TO  PROMULGATE
 ANY  RULES AND REGULATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS
 SECTION, PROVIDED THAT SUCH RULES AND REGULATIONS  SHALL  BE  CONSISTENT
 WITH THE INTENT AND LIMITATIONS SET FORTH HEREIN.
   § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.