Bill Text: NY S03844 | 2019-2020 | General Assembly | Amended

Bill Title: Relates to requiring postsecondary institutions that participate in study abroad programs to report crime and harm that occurs to participating students.

Spectrum: Moderate Partisan Bill (Democrat 13-2)

Status: (Introduced) 2019-06-04 - ADVANCED TO THIRD READING [S03844 Detail]

Download: New_York-2019-S03844-Amended.html

                STATE OF NEW YORK


                               2019-2020 Regular Sessions

                    IN SENATE

                                    February 19, 2019

          read twice and ordered printed, and when printed to  be  committed  to
          the  Committee  on  Higher  Education  --  committee  discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-

        AN  ACT  to amend the education law, in relation to requiring postsecon-
          dary institutions that participate in study abroad programs to  report
          crime and harm that occurs to participating students

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the  "Safe Student Study Abroad Act" also known as the "Ravi Thackurdeen
     3  Safe Student Study Abroad Act".
     4    § 2. Title 7 of the education law is amended by adding a  new  article
     5  130-A to read as follows:
     6                                ARTICLE 130-A
     7                          SAFE STUDENT STUDY ABROAD
     8  Section 6457. Definitions.
     9          6458. Reporting.
    10    §  6457.  Definitions.  As  used  in this article, the following terms
    11  shall have the following meanings:
    12    1. "College", "university" and "postsecondary" shall mean any institu-
    13  tion of higher education, recognized and approved by the regents,  which
    14  provides  a  course  of study leading to the granting of a postsecondary
    15  degree or diploma.
    16    2. "Third party entities" shall mean any for profit or  not-for-profit
    17  business  that is not a college, university or postsecondary institution
    18  which provides a study abroad program or coordinates a program between a
    19  college, university or postsecondary institution in  the  United  States
    20  and a study abroad program.

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

        S. 3844--A                          2

     1    3. "Study abroad program" shall mean programs which are coordinated by
     2  college,  university or postsecondary institutions and third party enti-
     3  ties in the state of New York, that provide students with  the  opportu-
     4  nity  to  work  or  study,  wholly  or in principal part, outside of the
     5  United States of America.
     6    4. "Study abroad organization" shall mean college, university or post-
     7  secondary  institutions as well as third party entities that offer study
     8  abroad programs.
     9    § 6458.  Reporting. 1. Beginning one year after the effective date  of
    10  this  article,  study abroad organizations shall make and file an annual
    11  report to the department by August fifteenth of each year.  Such  report
    12  shall  be prepared by all reasonably available data and shall consist of
    13  data from the previous two years and  comply  with  the  federal  health
    14  insurance  portability  and  accountability  act  (HIPAA)  of  1996,  as
    15  amended, Title IX of the Education Amendments of 1972 (20 U.S.C. section
    16  1681, et. seq.) and all other applicable regulations. Data  representing
    17  individuals shall be in numerical form omitting personal information.
    18    2. The report mandated by this section shall include:
    19    a.  for the previous academic year, including summer terms, the effec-
    20  tiveness of the study abroad program at protecting students  from  crime
    21  and harm, whether changes to such program are needed and how such chang-
    22  es will be implemented;
    23    b. deaths of program participants including manner of death;
    24    c.  accidents and illnesses that resulted in hospitalization including
    25  the type of such accident or illness;
    26    d. sexual assaults against program participants;
    27    e. incidents that resulted in a police report including type of  inci-
    28  dent; and
    29    f.  with  respect to the incidents described in paragraphs b through e
    30  of this subdivision, whether the incidents occurred:
    31    i. during program participation;
    32    ii. during students own time;
    33    iii. on campus; and
    34    iv. off campus.
    35    g. the location of the incident;
    36    h. the time of the incident; and
    37    i. the date of the incident.
    38    3. Study abroad organizations shall also report on  ethical  relation-
    39  ships  and  conflict of interest avoidance policies with all major part-
    40  ners.
    41    4. Colleges with enrollments below three thousand will report data  to
    42  the  department  to  be made available with the institution of reference
    43  redacted.
    44    5. Study abroad organizations shall include references to  the  avail-
    45  ability  of  the  reports identified in this section on all websites and
    46  printed materials.
    47    6. The department shall make the  reports  required  in  this  section
    48  available to any state legislator upon request.
    49    § 3. This act shall take effect immediately.