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A00785 Summary:

BILL NOA00785A
 
SAME ASSAME AS S05539-A
 
SPONSORSolages
 
COSPNSRSayegh, Davila, Palmesano, Zaccaro, Cruz, Taylor, O'Pharrow, Cunningham, Buttenschon, Kelles, Giglio, Maher, McMahon, Anderson, Kassay, Torres, Dais, Bores, Shimsky, Ra, Slater, Gandolfo, McDonough, Durso, Brown K, Lunsford, Rosenthal, DeStefano, Reyes, Levenberg, Mikulin
 
MLTSPNSR
 
Amd 917 & 2801-a, Ed L
 
Requires schools safety plans to include a cardiac emergency response plan that addresses the use of appropriate personnel and measures to respond to incidents involving any individual experiencing sudden cardiac arrest or similar life-threatening emergency on any school site owned or operated by a school or at a location of a school sponsored event.
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A00785 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         785--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 8, 2025
                                       ___________
 
        Introduced  by  M.  of  A.  SOLAGES, SAYEGH, DAVILA, PALMESANO, ZACCARO,
          CRUZ, TAYLOR,  O'PHARROW,  CUNNINGHAM,  BUTTENSCHON,  KELLES,  GIGLIO,
          MAHER,  McMAHON,  ANDERSON,  KASSAY, TORRES, DAIS, BORES, SHIMSKY, RA,
          SLATER, GANDOLFO, McDONOUGH,  DURSO,  K. BROWN,  LUNSFORD,  ROSENTHAL,
          DeSTEFANO  --  read once and referred to the Committee on Education --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee
 
        AN  ACT  to  amend  the  education law, in relation to requiring schools
          safety plans to include a cardiac emergency response plan
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. This act shall be known and may be cited as "Desha's law".
     2    §  2. Subdivision 1 of section 917 of the education law, as amended by
     3  chapter 61 of the laws of 2002, is amended to read as follows:
     4    1. School districts, boards of cooperative educational services, coun-
     5  ty vocational education and extension boards and charter  schools  shall
     6  provide and maintain on-site in each instructional school facility auto-
     7  mated  external  defibrillator  (AED) equipment, as defined in paragraph
     8  (a) of subdivision one of section three thousand-b of the public  health
     9  law,  in quantities and types deemed by the commissioner in consultation
    10  with the commissioner of health to  be  adequate  to  ensure  ready  and
    11  appropriate  access  for use during emergencies. Such automated external
    12  defibrillators shall  be  clearly  marked,  accessible,  and  maintained
    13  consistent  with  guidelines  set  by the American Heart Association, or
    14  other nationally recognized guidelines focused on emergency cardiovascu-
    15  lar care.
    16    § 3. Paragraphs h, l and m  of subdivision 2 of section 2801-a of  the
    17  education  law, paragraph h as amended by section 1 of part B of chapter
    18  54 of the laws of 2016 and paragraphs l and m as amended by  chapter  30

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00364-03-5

        A. 785--A                           2
 
     1  of  the laws of 2021, are amended and a new paragraph n is added to read
     2  as follows:
     3    h. policies and procedures for annual school safety training for staff
     4  and students; provided that the district must certify to the commission-
     5  er  that  all  staff  have  undergone  annual  training on the emergency
     6  response plan, and that the school safety training include components on
     7  violence prevention [and], mental health and sudden cardiac arrest, such
     8  training may be implemented and conducted in conjunction  with  existing
     9  professional development and training; provided however that new employ-
    10  ees  hired  after  the  start  of the school year shall receive training
    11  within thirty days of such hire or as part of a district's existing  new
    12  hire training program, whichever is sooner;
    13    l.  the  designation of the superintendent, or superintendent's desig-
    14  nee, as the district chief emergency officer responsible for  coordinat-
    15  ing  communication  between  school  staff and law enforcement and first
    16  responders, and ensuring staff understanding of the district-level safe-
    17  ty plan. The chief emergency  officer  shall  also  be  responsible  for
    18  ensuring  the completion and yearly updating of building-level emergency
    19  response plans; [and]
    20    m. protocols for responding to a  declared  state  disaster  emergency
    21  involving  a communicable disease that are substantially consistent with
    22  the provisions of section twenty-seven-c of the labor law[.]; and
    23    n. policies and procedures relating  to  sudden  cardiac  arrest.  The
    24  district-wide  school  safety team shall develop and implement a cardiac
    25  emergency response plan that addresses the use of appropriate  personnel
    26  to  respond  to  incidents  involving any individual experiencing sudden
    27  cardiac arrest or similar life-threatening emergency on any school  site
    28  owned  or  operated  by  a school or at a location of a school sponsored
    29  event, including but not limited to all  athletic  programs.  Such  plan
    30  shall  be  a  written document and shall include specific procedures for
    31  incidents involving an individual experiencing sudden cardiac arrest  or
    32  a similar life-threatening emergency while attending or participating in
    33  an  athletic  practice  or  event while on school grounds that are venue
    34  specific. Each plan shall  integrate  nationally  recognized,  evidence-
    35  based  core  elements,  such  as those recommended by the American Heart
    36  Association.   School officials shall consider  how  to  best  integrate
    37  their  cardiac  emergency  response  plan  into  community EMS responder
    38  protocols. The district-wide school safety team may provide  first  aid,
    39  CPR,  and  AED  training for relevant staff, including members of build-
    40  ing-level emergency response teams provided for in subdivision  four  of
    41  this section, provided that such training shall be voluntary.
    42    §  4.  Paragraph a of subdivision 3 of section 2801-a of the education
    43  law, as amended by section 1 of part B of chapter  54  of  the  laws  of
    44  2016, is amended to read as follows:
    45    a.  policies and procedures for response to emergency situations, such
    46  as those requiring evacuation, sheltering, [and] lock-down,  and  sudden
    47  cardiac  arrest.  These policies shall include, at a minimum, evacuation
    48  routes, shelter sites, and  procedures  for  addressing  medical  needs,
    49  transportation and emergency notification of parents and guardians;
    50    §  5.  Paragraph a of subdivision 3 of section 2801-a of the education
    51  law, as amended by chapter 25 of the laws of 2025, is amended to read as
    52  follows:
    53    a. policies and procedures for response to emergency situations,  such
    54  as  those  requiring evacuation, sheltering, [and] lock-down, and sudden
    55  cardiac arrest. These policies shall include, at a  minimum,  evacuation

        A. 785--A                           3
 
     1  routes,  shelter  sites,  and  procedures  for addressing medical needs,
     2  transportation and emergency notification of parents and guardians;
     3    § 6. This act shall take effect on the one hundred eightieth day after
     4  it  shall  have  become a law; provided, however, that the amendments to
     5  paragraph a of subdivision 3 of section 2801-a of the education law made
     6  by section five of this act shall take effect on the same  date  and  in
     7  the  same manner as chapter 25 of the laws of 2025, takes effect. Effec-
     8  tive immediately, the addition, amendment and/or repeal of any  rule  or
     9  regulation necessary for the implementation of this act on its effective
    10  date are authorized to be made and completed on or before such effective
    11  date.
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