Bill Text: NY A11363 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to classroom safety mechanisms, emergency medical equipment, and evidence-based best practices for school safety planning and training.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-10-19 - referred to education [A11363 Detail]
Download: New_York-2017-A11363-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 11363 IN ASSEMBLY October 19, 2018 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Hyndman) -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to classroom safety mech- anisms, emergency medical equipment, and evidence-based best practices for school safety planning and training The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The education law is amended by adding a new section 409-m 2 to read as follows: 3 § 409-m. Quick action school security devices. 1. To ensure safety for 4 children, administrators, and staff, every door in school buildings 5 shall be equipped with a locking device that follows, at a minimum, the 6 guidelines under section 2.19 of the United States department of home- 7 land security primer, which states that door locks shall lock automat- 8 ically or with a simple locking mechanism in order to ensure that it can 9 be quickly locked from either side. 10 2. Wherever possible, advanced hardening options for windows and doors 11 on school premises shall be considered and applied, such as ballistic 12 classroom doors, ballistic or shatter proof safety film on ground floor 13 classroom windows, and classroom door view panels. 14 3. School administrators, in consultation with the local police 15 department, shall install security cameras supported by artificial 16 intelligence and be installed where appropriate. 17 4. Devices outlined in this section shall be compliant with life safe- 18 ty, fire codes, the Americans with disabilities act and all other appli- 19 cable laws. 20 § 2. The education law is amended by adding a new section 923 to read 21 as follows: 22 § 923. Public bleeding control. 1. For purposes of this section, the 23 term "public bleeding control equipment" shall mean a first aid response 24 kit that contains equipment such as tourniquets, pressure dressing, 25 scissors, protective gloves, and gauze bandages meant to help control 26 and stop bleeding until trained emergency responders arrive, that are EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16605-01-8A. 11363 2 1 bundled together in individual kits, conspicuously labeled with the 2 words "Bleeding Control". 3 2. When assembling and selecting public bleeding control equipment, 4 public school administrators and staff, in consultation with the commis- 5 sioner of health and commissioner of education, shall utilize the 6 following best practices to enable untrained bystanders to become imme- 7 diate responders: 8 a. select products that are easily applied by untrained professionals; 9 b. ensure components are color and number-coded for easy identifica- 10 tion; 11 c. products come with a user app that: 12 (i) provides easy to follow product selection and application 13 instructions; 14 (ii) records useful activity and information that can inform first 15 responders, trauma staff, and incident management recording; and 16 (iii) provides emergency care guidance for common uses, such as bleed- 17 ing, choking, seizures, breathing, epi pen and asthma inhaler applica- 18 tion, and narcan; 19 d. policies and procedures for response to emergency situations, such 20 as those requiring evacuation, sheltering, and lock-down. These policies 21 shall include, at a minimum, evacuation routes, shelter sites, and 22 procedures for addressing medical needs, transportation, and emergency 23 notification of parents and guardians; 24 e. designation of an emergency response team comprised of school 25 personnel, law enforcement officials, fire officials and representatives 26 from local regional and/or state emergency response agencies, other 27 appropriate incident response teams, and a post-incident response team 28 that includes appropriate school personnel, medical personnel, mental 29 health counselors, and others who can assist the school community in 30 coping with the aftermath of a violent incident; 31 f. floor plans, blueprints, schematics or other maps of the school 32 interior, school grounds, and road maps of the immediate surrounding 33 area; 34 g. establishment of internal and external communication systems in 35 emergencies; 36 h. definition of the chain of command in a manner consistent with the 37 national interagency incident management system/incident command system; 38 i. coordination of the emergency response plan with the state-wide 39 plan for disaster mental health services to assure that the school has 40 access to federal, state, and local mental health resources in the event 41 of a violent incident; 42 j. procedures for review and the conducting of drills and other exer- 43 cises to test components of the emergency response plan; and 44 k. policies and procedures for securing and restricting access to the 45 crime scene in order to preserve evidence in cases of violent crimes on 46 school property. 47 3. When deploying public bleed control equipment, public school admin- 48 istrators and staff, in consultation with the commissioner of health and 49 commissioner of education, shall utilize the following best practices 50 for placement and quantities: 51 a. mobile units - to be utilized for school nurses, school resource 52 officers, athletic departments, school buses, physical education depart- 53 ments, and all after-school and out-of-school activities; 54 b. public access bleeding control station - for every automated 55 external defibrillator, as defined in paragraph (a) of subdivision oneA. 11363 3 1 of section three thousand-b of the public health law, that shall be a 2 wall-mounted station containing four individual kits; 3 c. individual kits in every classroom in case of emergencies or lock- 4 downs; and 5 d. for purposes of this section, proper placement of equipment should 6 follow the three-minute rule, which means that an individual must be 7 able to retrieve the equipment and begin treatment within three minutes. 8 4. Each district-wide school safety team shall be appointed by the 9 board of education, or the chancellor in the case of the city school 10 district of the city of New York, and shall include but not be limited 11 to representatives of the school board, teacher, administrator, and 12 parent organizations, school safety personnel, and other school person- 13 nel. At the discretion of the board of education, or the chancellor in 14 the case of the city of New York, a student may be allowed to partic- 15 ipate on the safety team, provided however, that no portion of a confi- 16 dential building-level emergency response plan shall be shared with such 17 student nor shall such student be present where details of a confiden- 18 tial building-level emergency response plan or confidential portions of 19 a district-wide emergency response strategy are discussed. Each build- 20 ing-level emergency response team shall be appointed by the building 21 principal, in accordance with regulations or guidelines prescribed by 22 the board of education, chancellor or other governing body. Such build- 23 ing-level teams shall include but not be limited to representatives of 24 teacher, administrator, and parent organizations, school safety person- 25 nel and other school personnel, community members, law enforcement offi- 26 cials, fire officials or any other emergency response agencies, and any 27 other representatives the board of education, chancellor, or other 28 governing body deems appropriate. 29 5. The district-wide safety plan and building-level emergency response 30 plans shall be reviewed by the appropriate team on at least an annual 31 basis and updated as needed. 32 6. Each board of education, chancellor or other governing body shall 33 make each district-wide safety plan available for public comment at 34 least thirty days prior to its adoption. Such district-wide plans may be 35 adopted by the school board only after at least one public hearing that 36 provides for the participation of school personnel, parents, students, 37 and any other interested parties. Each district shall file a copy of its 38 district-wide safety plan with the commissioner and all amendments to 39 such plan shall be filed with the commissioner no later than thirty days 40 after their adoption. 41 7. Each board of education, chancellor or other governing body or 42 officer shall ensure a copy of each building-level emergency response 43 plan and any amendments thereto, shall be filed with the appropriate 44 local law enforcement agency and with the state police within thirty 45 days of its adoption. Building-level emergency response plans shall be 46 confidential and shall not be subject to disclosure under article six of 47 the public officers law or any other provision of law. If the board of 48 education, chancellor or other governing body or chancellor fails to 49 file such plan as required by this section, the commissioner may, in an 50 amount determined by the commissioner, withhold public money from the 51 district until the district is in compliance. 52 8. The commissioner shall annually report to the governor and the 53 legislature on the implementation and compliance with the provisions of 54 this section. 55 9. Whenever it shall have been demonstrated to the satisfaction of the 56 commissioner that a school district has failed to adopt a code ofA. 11363 4 1 conduct which fully satisfies the requirements of section twenty-eight 2 hundred one of this chapter, or a district-wide safety plan or build- 3 ing-level emergency response plan which satisfies the requirements of 4 this section, or to faithfully and completely implement all three, the 5 commissioner may, on thirty days notice to the district, withhold from 6 the district monies to be paid to such district for the current school 7 year pursuant to section thirty-six hundred nine-a of this chapter, 8 exclusive monies to be paid in respect of obligations to the retirement 9 systems for school and district staff and pursuant to collective 10 bargaining agreements, or the commissioner may direct the district to 11 expend up to such amount upon the development and implementation of a 12 code of conduct and a school district safety plan as required by such 13 sections. Prior to such withholding or redirection, the commissioner 14 shall provide the district an opportunity to present evidence of exten- 15 uating circumstances; when combined with evidence that the district 16 shall promptly comply within short time frames that shall be established 17 by the commissioner as part of an agreement between the district and the 18 commissioner, the commissioner may temporarily stay the withholding or 19 redirection of funds pending the implementation of such agreement. If 20 the district promptly and fully complies with the agreement and is in 21 full compliance with this section and section twenty-eight hundred one 22 of this chapter, the commissioner shall abate the withholding in its 23 entirety. Any failure to meet the obligations of the compliance agree- 24 ment by the district within the time frames established shall be consid- 25 ered a willful violation of a commissioner's order by the members of the 26 district board for purposes of subdivision one of section three hundred 27 six of this title. Notwithstanding any other law, rule or regulation, 28 such transfer shall take effect upon filing of a notice thereof with the 29 director of the budget and the chairs of the senate finance and assembly 30 ways and means committees. 31 § 3. Subdivision 2 of section 2801-a of the education law, as amended 32 by section 1 of part B of chapter 54 of the laws of 2016, is amended to 33 read as follows: 34 2. Such comprehensive district-wide safety plan shall be developed by 35 the district-wide school safety team and shall include at a minimum: 36 a. evidence-based policies and procedures for responding to implied or 37 direct threats of violence by students, teachers, other school personnel 38 as well as visitors to the school, including threats by students against 39 themselves, which for the purposes of this section shall include 40 suicide; 41 b. evidence-based policies and procedures for responding to acts of 42 violence by students, teachers, other school personnel as well as visi- 43 tors to the school, including consideration of zero-tolerance policies 44 for school violence; 45 c. evidence-based appropriate prevention and intervention strategies 46 such as: 47 (i) collaborative arrangements with state and local law enforcement 48 officials, designed to ensure that school safety officers and other 49 security personnel are adequately trained, including being trained to 50 de-escalate potentially violent situations, and are effectively and 51 fairly recruited; 52 (ii) non-violent conflict resolution training programs; 53 (iii) peer mediation programs and youth courts; and 54 (iv) extended day and other school safety programs; 55 d. policies and procedures for contacting appropriate law enforcement 56 officials in the event of a violent incident;A. 11363 5 1 e. evidence-based policies and procedures for contacting parents, 2 guardians or persons in parental relation to the students of the 3 district in the event of a violent incident and policies and procedures 4 for contacting parents, guardians or persons in parental relation to an 5 individual student of the district in the event of an implied or direct 6 threat of violence by such student against themselves, which for 7 purposes of this section shall include suicide; 8 f. evidence-based policies and procedures relating to school building 9 security, including where appropriate the use of school safety officers 10 and/or security devices or procedures, as further outlined in section 11 four hundred nine-m of this chapter; 12 g. evidence-based policies and procedures for the dissemination of 13 informative materials regarding the early detection of potentially 14 violent behaviors, including but not limited to the identification of 15 family, community and environmental factors, to teachers, administra- 16 tors, school personnel, persons in parental relation to students of the 17 district, students and other persons deemed appropriate to receive such 18 information; 19 h. evidence-based policies and procedures for annual school safety 20 training for staff and students; provided that the district must certify 21 to the commissioner that all staff have undergone annual training on the 22 emergency response plan, and that the school safety training include 23 components on violence prevention and mental health, such training may 24 be implemented and conducted in conjunction with existing professional 25 development and training; provided, however, that new employees hired 26 after the start of the school year shall receive training within thirty 27 days of such hire or as part of a district's existing new hire training 28 program, whichever is sooner, and shall include; 29 (i) evidence-based professional development and training programs that 30 are able to achieve third-party validation, such as curriculum accredi- 31 tation from an independent higher education learning institution; 32 (ii) instruction from professionally credentialed instructors with 33 functional and instructional experience, skill level, and credentialing; 34 (iii) instructional methodology that includes an interactive delivery 35 model inclusive of group discussions, scenario based and tabletop exer- 36 cise, and follows professional instructional protocol; 37 (iv) the same training for all school personnel including administra- 38 tors, teachers, and staff at all levels, including school resource offi- 39 cers, to offset their own separate training focused on threat mitigation 40 neutralization, and to ensure familiarity, continuity, and consistency; 41 and 42 (v) site-specific and customizable training curriculum that can be 43 adapted to each school site's specific risk profile and threat level, 44 and should include participation in order to familiarize them with a 45 school's approach; 46 i. protocols for responding to bomb threats, hostage-takings, intru- 47 sions and kidnappings; 48 j. evidence-based strategies for improving communication among 49 students and between students and staff and reporting of potentially 50 violent incidents, such as the establishment of youth-run programs, peer 51 mediation, conflict resolution, creating a forum or designating a mentor 52 for students concerned with bullying or violence and establishing anony- 53 mous reporting mechanisms for school violence; 54 k. a description of the duties of hall monitors and any other school 55 safety personnel, the training required of all personnel acting in aA. 11363 6 1 school security capacity, and the hiring and screening process for all 2 personnel acting in a school security capacity; and 3 l. the designation of the superintendent, or superintendent's desig- 4 nee, as the district chief emergency officer responsible for coordinat- 5 ing communication between school staff and law enforcement and first 6 responders, and ensuring staff understanding of the district-level safe- 7 ty plan. The chief emergency officer shall also be responsible for 8 ensuring the completion and yearly updating of building-level emergency 9 response plans. 10 § 4. This act shall take effect on the one hundred twentieth day after 11 it shall have become a law. Effective immediately, the addition, amend- 12 ment and/or repeal of any rule or regulation necessary for the implemen- 13 tation of this act on or before its effective date are authorized to be 14 made and completed on or before such effective date.
