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S05539 Summary:

BILL NOS05539A
 
SAME ASSAME AS A00785-A
 
SPONSORBASKIN
 
COSPNSRBRISPORT, CLEARE, COMRIE, FERNANDEZ, HINCHEY, JACKSON, KAVANAGH, PERSAUD, SALAZAR, SCARCELLA-SPANTON, WEBB
 
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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S05539 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5539--A
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    February 24, 2025
                                       ___________
 
        Introduced   by  Sens.  BASKIN,  BRISPORT,  CLEARE,  COMRIE,  FERNANDEZ,
          HINCHEY, JACKSON, KAVANAGH, PERSAUD, SALAZAR, SCARCELLA-SPANTON,  WEBB
          -- read twice and ordered printed, and when printed to be committed 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
    19  of the laws of 2021, are amended and a new paragraph n is added to  read
    20  as follows:
    21    h. policies and procedures for annual school safety training for staff
    22  and students; provided that the district must certify to the commission-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00364-02-5

        S. 5539--A                          2
 
     1  er  that  all  staff  have  undergone  annual  training on the emergency
     2  response plan, and that the school safety training include components on
     3  violence prevention [and], mental health and sudden cardiac arrest, such
     4  training  may  be implemented and conducted in conjunction with existing
     5  professional development and training; provided however that new employ-
     6  ees hired after the start of the  school  year  shall  receive  training
     7  within  thirty days of such hire or as part of a district's existing new
     8  hire training program, whichever is sooner;
     9    l. the designation of the superintendent, or  superintendent's  desig-
    10  nee,  as the district chief emergency officer responsible for coordinat-
    11  ing communication between school staff and  law  enforcement  and  first
    12  responders, and ensuring staff understanding of the district-level safe-
    13  ty  plan.  The  chief  emergency  officer  shall also be responsible for
    14  ensuring the completion and yearly updating of building-level  emergency
    15  response plans; [and]
    16    m.  protocols  for  responding  to a declared state disaster emergency
    17  involving a communicable disease that are substantially consistent  with
    18  the provisions of section twenty-seven-c of the labor law[.]; and
    19    n.  policies  and  procedures  relating  to sudden cardiac arrest. The
    20  district-wide school safety team shall develop and implement  a  cardiac
    21  emergency  response plan that addresses the use of appropriate personnel
    22  to respond to incidents involving  any  individual  experiencing  sudden
    23  cardiac  arrest or similar life-threatening emergency on any school site
    24  owned or operated by a school or at a location  of  a  school  sponsored
    25  event,  including  but  not  limited to all athletic programs. Such plan
    26  shall be a written document and shall include  specific  procedures  for
    27  incidents  involving an individual experiencing sudden cardiac arrest or
    28  a similar life-threatening emergency while attending or participating in
    29  an athletic practice or event while on school  grounds  that  are  venue
    30  specific.  Each  plan  shall  integrate nationally recognized, evidence-
    31  based core elements, such as those recommended  by  the  American  Heart
    32  Association.    School  officials  shall  consider how to best integrate
    33  their cardiac emergency  response  plan  into  community  EMS  responder
    34  protocols.  The  district-wide school safety team may provide first aid,
    35  CPR, and AED training for relevant staff, including  members  of  build-
    36  ing-level  emergency  response teams provided for in subdivision four of
    37  this section, provided that such training shall be voluntary.
    38    § 4. Paragraph a of subdivision 3 of section 2801-a of  the  education
    39  law,  as  amended  by  section  1 of part B of chapter 54 of the laws of
    40  2016, is amended to read as follows:
    41    a. policies and procedures for response to emergency situations,  such
    42  as  those  requiring evacuation, sheltering, [and] lock-down, and sudden
    43  cardiac arrest. These policies shall include, at a  minimum,  evacuation
    44  routes,  shelter  sites,  and  procedures  for addressing medical needs,
    45  transportation and emergency notification of parents and guardians;
    46    § 5. Paragraph a of subdivision 3 of section 2801-a of  the  education
    47  law, as amended by chapter 25 of the laws of 2025, is amended to read as
    48  follows:
    49    a.  policies and procedures for response to emergency situations, such
    50  as those requiring evacuation, sheltering, [and] lock-down,  and  sudden
    51  cardiac  arrest.  These policies shall include, at a minimum, evacuation
    52  routes, shelter sites, and  procedures  for  addressing  medical  needs,
    53  transportation and emergency notification of parents and guardians;
    54    § 6. This act shall take effect on the one hundred eightieth day after
    55  it  shall  have  become a law; provided, however, that the amendments to
    56  paragraph a of subdivision 3 of section 2801-a of the education law made

        S. 5539--A                          3
 
     1  by section five of this act shall take effect on the same  date  and  in
     2  the  same manner as chapter 25 of the laws of 2025, takes effect. Effec-
     3  tive immediately, the addition, amendment and/or repeal of any  rule  or
     4  regulation necessary for the implementation of this act on its effective
     5  date are authorized to be made and completed on or before such effective
     6  date.
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