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A04921 Summary:

BILL NOA04921A
 
SAME ASNo Same As
 
SPONSORBichotte Hermelyn
 
COSPNSRBurdick, Shimsky, McMahon, Mamdani, Seawright, Hevesi, Eachus, Glick, Reyes, Simon, Stirpe, Gibbs, Forrest, Sayegh, Giglio, Shrestha, Clark, Epstein, Paulin, Zaccaro, Gallagher, Smith, Carroll R, Simone, Tapia, Lunsford, Davila, Kelles, Novakhov
 
MLTSPNSR
 
Add §6438-d, Ed L
 
Enacts the college student suicide prevention act to provide for policies, guidelines and training opportunities to effectively and appropriately prevent student suicide, intervene in crisis situations, and support college communities in postvention.
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A04921 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4921--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 10, 2025
                                       ___________
 
        Introduced  by  M.  of  A. BICHOTTE HERMELYN, BURDICK, SHIMSKY, McMAHON,
          MAMDANI, SEAWRIGHT,  HEVESI,  EACHUS,  GLICK,  REYES,  SIMON,  STIRPE,
          GIBBS,  FORREST,  SAYEGH,  GIGLIO,  SHRESTHA,  CLARK, EPSTEIN, PAULIN,
          ZACCARO, GALLAGHER, SMITH, R. CARROLL, SIMONE, TAPIA, LUNSFORD,  DAVI-
          LA,  KELLES,  NOVAKHOV  --  read once and referred to the Committee on
          Higher  Education  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
 
        AN  ACT  to amend the education law, in relation to enacting the college
          student suicide prevention act
 
          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 "college student suicide prevention act".
     3    § 2. The education law is amended by adding a new  section  6438-d  to
     4  read as follows:
     5    §  6438-d.  College  student  suicide  prevention  act. 1. Legislative
     6  intent. The legislature finds and declares the following:
     7    (a) According to data from the federal Centers for Disease Control and
     8  Prevention as reported in the year two thousand twenty-one,  suicide  is
     9  the  second  leading  cause  of  death for youth and young adults ten to
    10  twenty-four years of age, inclusive, across both the state of  New  York
    11  and the United States. Suicide rates nearly doubled among New York state
    12  youth in this age range from the year two thousand seven to the year two
    13  thousand  eighteen.  One in four surveyed young adults eighteen to twen-
    14  ty-four years of age, the largest age demographic on  college  campuses,
    15  reported  having  seriously  considered suicide in the prior thirty days
    16  nationally.
    17    (b) In the year two thousand twenty-three, separate reports  from  the
    18  Healthy  Minds  Network's  national Healthy Minds Survey, the Gallup and
    19  Lumina Foundation's national State of Higher Education Survey,  and  the
    20  American College Health Association's National College Health Assessment
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07650-02-5

        A. 4921--A                          2
 
     1  declared  that United States college students were experiencing historic
     2  levels of depression, anxiety,  suicidal  ideation,  frequent  emotional
     3  stress,  overall  moderate to severe psychological distress, and loneli-
     4  ness.
     5    (c)  According  to the American Foundation for Suicide Prevention, New
     6  York state is not among the twenty-one  states  that  uniformly  require
     7  institutions  of  higher  education  to  adopt  specific, evidence-based
     8  suicide prevention policies by law. Such policies  include  the  regular
     9  dissemination  of  information  on available mental health resources and
    10  services to students, as well as the internal development of  guidelines
    11  and protocols to inform staff on how to respond to a student in suicidal
    12  crisis,  in  order to most effectively support those at risk and empower
    13  students to proactively seek help.
    14    (d) According to data from Healthy CUNY, as reported in the  year  two
    15  thousand  twenty-one,  more than half of all city university of New York
    16  students report experiencing depression or anxiety. While  nearly  every
    17  city  university  of  New  York  institution  houses  its own counseling
    18  center, data reported by the city university of New York board of  trus-
    19  tees  in  the  board's four-year financial plan released in the year two
    20  thousand nineteen stated that  the  average  student-to-counselor  ratio
    21  across  the  city university of New York system is at least two thousand
    22  four hundred-to-one. Until adequate staffing  levels  of  mental  health
    23  professionals  can  be  sustainably  funded,  uniformly requiring higher
    24  education institutions to develop partnerships with community  providers
    25  is  imperative  to  meet the needs of students at such institutions with
    26  large student-to-counselor ratios or whose student populations primarily
    27  live off-campus.
    28    (e) Establishing gatekeeper suicide prevention or  mental  health  aid
    29  training  requirements  and  opportunities for college residential staff
    30  and other student-facing positions has been  recommended  by  the  state
    31  university of New York Student Mental Health and Wellness Task Force and
    32  adopted by dozens of state university of New York institutions. However,
    33  these  requirements have not been modeled by many colleges and universi-
    34  ties outside of the state  university  of  New  York  system,  weakening
    35  preparedness  frameworks for students attending other public and private
    36  institutions of higher education alike.  As  students  most  often  seek
    37  emotional  support from peers and those in close proximity, institutions
    38  must compel residential assistants and staff to utilize the  free  Ques-
    39  tion,  Persuade,  and  Refer  suicide  prevention training already fully
    40  funded by state university of New York for all New  York  state  college
    41  students  in  order  to  bolster  their  preparedness for such emergency
    42  scenarios.
    43    (f) New York state colleges and universities are  facing  a  deepening
    44  mental  health  crisis among students, marked by increases in the preva-
    45  lence of thoughts of suicide and  attempts.  All  levels  of  collegiate
    46  staff  must  be  equipped  by  their  respective institutions' policies,
    47  guidelines and training opportunities to effectively  and  appropriately
    48  prevent  student  suicide,  intervene  in crisis situations, and support
    49  their college communities in postvention.
    50    2. Definitions. For the purposes of this section, the following  terms
    51  shall have the following meanings:
    52    (a)  "Crisis  situation"  means  a  situation where a teacher or other
    53  employee of an educational institution believes a student or other indi-
    54  vidual is in imminent danger of a suicide attempt.

        A. 4921--A                          3
 
     1    (b) "LGBTQ" means individuals who identify,  with  regards  to  gender
     2  identification  and sexual orientation, as being lesbian, gay, bisexual,
     3  transgender, queer or questioning.
     4    (c)  "Higher  education  institution"  means  a college university, or
     5  professional or technical school, whether public or  private,  that  has
     6  been  incorporated  by  a special act of the legislature or chartered by
     7  the regents of the university of the state of New York to confer academ-
     8  ic degrees in this state.
     9    (d) "QPR" means suicide prevention training  based  on  the  Question,
    10  Persuade, and Refer emergency response model.
    11    (e)  "Suicide  intervention"  means  specific actions higher education
    12  institutions can take in response to suicidal  behavior  by  a  student,
    13  including, but not limited to:
    14    (i) student supervision;
    15    (ii) notification of designated emergency contacts;
    16    (iii) crisis situation response protocols;
    17    (iv)  when and how to request an immediate mental health assessment or
    18  emergency services; and
    19    (v) higher  education  institution  re-entry  procedures  following  a
    20  student mental health crisis.
    21    (f)  "Suicide  postvention"  means  planned  support and interventions
    22  higher education institutions can implement after a suicide  attempt  or
    23  suicide  death of a member of the higher education institution community
    24  that are designed to:
    25    (i) reduce the risk of suicide contagion, or the  spread  of  suicidal
    26  thoughts or intentions;
    27    (ii) provide support for affected students and higher education insti-
    28  tution-based personnel;
    29    (iii) address the social stigma associated with suicide; and
    30    (iv) disseminate factual information about suicide and its prevention.
    31    (g)  "Suicide  prevention"  means  specific  actions  higher education
    32  institutions can take to recognize and reduce suicidal behavior, includ-
    33  ing, but not limited to:
    34    (i) identifying risk and protective factors for  suicide  and  suicide
    35  warning signs;
    36    (ii) establishing a process by which students are referred to a mental
    37  and behavioral health provider for help;
    38    (iii) making available higher education institution-based and communi-
    39  ty-based mental health supports;
    40    (iv)  providing the location of available online and community suicide
    41  prevention resources, including the 988 suicide and crisis lifeline  and
    42  other local crisis centers and hotlines;
    43    (v)  adopting  policies  and  protocols  regarding suicide prevention,
    44  intervention, and postvention, campus safety,  and  response  to  crisis
    45  situations;
    46    (vi)  training for higher education institution personnel who interact
    47  directly with students in recognizing suicide risk factors  and  warning
    48  signs  and  how to refer students for further assessment and evaluation;
    49  and
    50    (vii) instruction to students in problem-solving and coping skills  to
    51  promote  students'  mental, emotional, and social health and well-being,
    52  and instruction in recognizing and appropriately responding to signs  of
    53  suicidal intent in others.
    54    3.  Policies,  procedures,  and guidelines for higher education insti-
    55  tutions. (a) The governing board  or  body  of  every  higher  education
    56  institution  shall, before the first day of August, two thousand twenty-

        A. 4921--A                          4
 
     1  six, adopt policies,  procedures,  and  guidelines  on  student  suicide
     2  prevention,  intervention, and postvention for said students. Such poli-
     3  cies, procedures, and guidelines shall be developed in consultation with
     4  collegiate  and  community  stakeholders,  campus-employed mental health
     5  professionals, and suicide prevention experts, and  shall  include,  but
     6  not be limited to:
     7    (i)  methods to increase awareness of the relationship between suicide
     8  and suicide warning signs, risk factors and protective factors,  includ-
     9  ing but not limited to:
    10    (1) mental health and substance use conditions;
    11    (2) childhood abuse, neglect, or trauma;
    12    (3)  prolonged stress, including individual experiences such as bully-
    13  ing, harassment, family or relationship stress, or other stressful  life
    14  events  as  well  as  collective  stressors  such  as  systemic bias and
    15  discrimination;
    16    (4) exposure to another person's suicide, or sensationalized or graph-
    17  ic accounts of suicide; and
    18    (5) previous suicide attempts or history of suicide within a student's
    19  family;
    20    (ii) adoption of a requirement for residential assistants and staff of
    21  student housing facilities, students' academic  and  professional  advi-
    22  sors,  and  campus  security  personnel  to  participate in a gatekeeper
    23  suicide prevention training course such as QPR, C.A.R.E.S.  training  or
    24  a  similar  program  prior to the commencement of their duties or before
    25  the beginning of the next full  academic  year.    Such  training  shall
    26  include, but not be limited to:
    27    (1)  methods  for  early  identification  of  suicide risk factors and
    28  inclusion of expertise from higher education institution  employees  who
    29  have previously been trained in recognizing suicide risks;
    30    (2)  information  on how higher education institution employees should
    31  respond to suspicion, concerns, or warning signs of suicide in students,
    32  and the appropriate referral and reporting procedures available to high-
    33  er education institution employees;
    34    (3) information on how higher education institution  employees  should
    35  respond  within  their means to a crisis situation where a student is in
    36  imminent danger to such student;
    37    (4) policies and protocols to respond to a student or staff suicide or
    38  suicide attempt and provide support to survivors and affected peers  and
    39  families;
    40    (iii) counseling services available within the higher education insti-
    41  tution  for  students  and  their  families  that are related to suicide
    42  prevention;
    43    (iv) availability of information about  depression  and  other  mental
    44  health  conditions associated with an increased risk of suicide, includ-
    45  ing development of an annual live orientation session for newly matricu-
    46  lated students aimed at raising awareness of said conditions;
    47    (v) implementation of specialized mental  health  awareness  curricula
    48  into  existing  courses  and  seminars  if opportunities for integration
    49  exist;
    50    (vi) availability of information concerning  crisis  situation  inter-
    51  vention, suicide prevention, and mental health services in the community
    52  for students and their families and higher education institution employ-
    53  ees, and inclusion of said information on dedicated pages of the student
    54  handbook  and  higher  education  institution  website or primary mobile
    55  application;

        A. 4921--A                          5
 
     1    (vii) revision of emergency contact notification protocols to  include
     2  a student's expression of thoughts of suicide as among the circumstances
     3  in which notification of said student's designated emergency contact may
     4  take  place by a campus-employed mental health professional, after noti-
     5  fying  said  student of the protocol's activation and following case-by-
     6  case consideration and documentation of any  objections  raised  by  the
     7  student,  any  concerns that disclosure of such information may threaten
     8  the student's safety or unreasonably compromise their right to  privacy,
     9  and the process by which the final determination that such disclosure is
    10  in the student's best interest is made;
    11    (viii) revision of emergency contact notification protocols to include
    12  language  specifically outlining the higher education institution's role
    13  following notification, the institution's expectation  of  an  emergency
    14  contact following notification, and the contact employee at the institu-
    15  tion  who  may  answer  questions  regarding the protocol, with all said
    16  information being  routinely  communicated  to  students  and  emergency
    17  contacts  and  published  on dedicated pages of the student handbook and
    18  higher education institution website or primary mobile application;
    19    (ix) periodic assessments of elements of the campus  environment  that
    20  may be used in a suicide attempt, including but not limited to access to
    21  building  rooftops, balconies, windows, and bridges, or access to drugs,
    22  alcohol, and toxic or  controlled  dangerous  substances,  and  ways  to
    23  secure  these  locations  and  substances  to  minimize threats posed to
    24  students' health and safety;
    25    (x) assessments of new and proposed campus buildings  and  infrastruc-
    26  ture,  as well as revisions and updates to existing campus buildings and
    27  infrastructure, during the design process,  for  the  implementation  of
    28  suicide  deterrent  barriers  and  other  measures to minimize access to
    29  areas of significant height, reducing suicide risk;
    30    (xi) revision of medical leave and withdrawal policies  to  no  longer
    31  compel a student to involuntarily withdraw from enrollment solely on the
    32  grounds  of having considered or attempted suicide, without first allow-
    33  ing said student to take a temporary leave of absence  to  seek  support
    34  for  their  mental  health  and  providing a guarantee of readmission or
    35  reinstatement following completion of such a leave of absence;
    36    (xii)  identification  and  development  of  off-campus  peer  support
    37  programs  and  partnerships with community providers, organizations, and
    38  agencies for referral of commuter students and other  students  who  may
    39  not  substantially  benefit  from  on-campus  services to mental health,
    40  substance use, and social support services, including the development of
    41  at least one memorandum of understanding between  the  higher  education
    42  institution  and  a  supporting  provider, organization or agency in the
    43  community or region;
    44    (xiii) development of a culturally competent plan to promote sensitiv-
    45  ity in outreach to diverse and traditionally underserved populations, to
    46  assist survivors of attempted suicide, and to assist students and higher
    47  education institution employees in coping with an attempted  suicide  or
    48  suicide death within the higher education institution community; and
    49    (xiv)  development  of  any  other  related  program  or  activity for
    50  students or higher education institution employees.
    51    (b) The policies, procedures, and guidelines adopted pursuant to para-
    52  graph (a) of this subdivision shall specifically outline  sensitive  and
    53  competent  responses to address the needs of high-risk groups, including
    54  but not limited to the following:
    55    (i) youth who have lost a friend or family member to suicide;

        A. 4921--A                          6
 
     1    (ii) youth  with  disabilities  or  with  chronic  health  conditions,
     2  including mental health and substance use conditions;
     3    (iii) youth experiencing homelessness or in out-of-home settings, such
     4  as foster care;
     5    (iv) youth belonging to racial and ethnic minority groups and interna-
     6  tional students;
     7    (v) LGBTQ youth;
     8    (vi) first-year, transfer, or otherwise newly matriculated students;
     9    (vii)  youth  participating in demanding or high-performance programs,
    10  including student athletes and academic honors or accelerated  students;
    11  and
    12    (viii) youth reporting significant financial or academic challenges as
    13  barriers  to  their  ability  to  fully  participate in higher education
    14  institution activities.
    15    (c) The policies, procedures, and guidelines adopted pursuant to para-
    16  graph (a) of this subdivision shall be written to ensure that  a  higher
    17  education  institution  employee  acts only within the authorization and
    18  scope of such employee's credential or license. Nothing in this  section
    19  shall  be  construed  as  authorizing  or encouraging a higher education
    20  institution employee to  diagnose  or  treat  mental  health  conditions
    21  unless such employee is specifically licensed and employed to do so.
    22    (d)  Notwithstanding  any  other  provision of law to the contrary, no
    23  cause of action may be brought for any loss or damage caused by any  act
    24  or  omission resulting from the implementation of the provisions of this
    25  section, or resulting from any training, or lack of  training,  required
    26  by  this  section.  Nothing in this section shall be construed to impose
    27  any specific duty of care.
    28    (e) To assist higher education institutions in developing policies for
    29  student suicide prevention, intervention, and postvention, the board  of
    30  regents  of  the  university  of the state of New York shall develop and
    31  maintain model policies, procedures, and guidelines in  accordance  with
    32  this section to serve as a guide for higher education institutions. Such
    33  model policies, procedures, and guidelines shall be posted within thirty
    34  days  of  their  completion  on the university's internet website, along
    35  with relevant resources and  information  to  support  higher  education
    36  institutions  in  developing  and implementing the policies, procedures,
    37  and guidelines required under paragraph (a) of this subdivision.
    38    (f) The trustees or other governing board or body of a  higher  educa-
    39  tion institution shall review, at minimum every fifth year following the
    40  effective date of this section, its policies, procedures, and guidelines
    41  on  student  suicide prevention and, if necessary, update such policies,
    42  procedures, and guidelines.
    43    4. Severability and construction. The provisions of this section shall
    44  be severable, and if any court of competent  jurisdiction  declares  any
    45  phrase,  clause, sentence or provision of this section to be invalid, or
    46  its applicability to any government agency, person  or  circumstance  is
    47  declared  invalid, the remainder of this section and its relevant appli-
    48  cability shall not be affected. The provisions of this section shall  be
    49  liberally construed to give effect to the purposes thereof.
    50    § 3. This act shall take effect immediately.
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