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A06665 Summary:

COSPNSREpstein, Gonzalez-Rojas, Burgos, Cunningham, Walker, Alvarez, Zaccaro, Davila, Reyes, Thiele, Ardila, Shimsky
Amd 807, Ed L
Decreases the frequency of lock-down drills in schools; directs that such drills shall be implemented with a trauma-informed approach; permits parents to opt their children out of such drills.
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A06665 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                     April 26, 2023
        Introduced  by  M. of A. SIMON, EPSTEIN -- read once and referred to the
          Committee on Education
        AN ACT to amend the education law, in relation to lock-down drills
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  1  of  section  807 of the education law, as
     2  amended by section 2 of part B of chapter 54 of the  laws  of  2016,  is
     3  amended to read as follows:
     4    1.  It shall be the duty of the principal or other person in charge of
     5  every public or private school or  educational  institution  within  the
     6  state,  other  than  colleges or universities, to instruct and train the
     7  pupils by means of drills, so that they may in  a  sudden  emergency  be
     8  able  to respond appropriately in the shortest possible time and without
     9  confusion or panic. Such drills shall be held  at  least  [twelve]  nine
    10  times in each school year, [eight] six of which required drills shall be
    11  held  between  September  first  and  December thirty-first of each such
    12  year. Eight of all such drills shall be evacuation drills, four of which
    13  shall be through use of the fire escapes on buildings where fire escapes
    14  are provided or through the use of identified secondary means of egress.
    15  [Four of all such] One required [drills]  drill  shall  be  a  lock-down
    16  [drills]  drill.    Drills  shall be conducted at different times of the
    17  school day. Pupils shall be instructed in the procedure to  be  followed
    18  in  the  event  that  a fire occurs during the lunch period or assembly,
    19  provided however, that such additional instruction may be waived where a
    20  drill is held during the regular school lunch period or  assembly.  Four
    21  additional  drills  shall  be  held in each school year during the hours
    22  after sunset and before sunrise in school buildings  in  which  students
    23  are  provided  with  sleeping  accommodations.  At  least two additional
    24  drills shall be held during summer  school  in  buildings  where  summer
    25  school  is  conducted,  and  one of such drills shall be held during the
    26  first week of summer school.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 6665                             2
     1    § 2. Section 807 of the education law  is  amended  by  adding  a  new
     2  subdivision 2-a to read as follows:
     3    2-a. (a) In implementing the lock-down drills described in subdivision
     4  one  of  this section, it shall be the duty of the board of education or
     5  school board or other body having control of the schools in any district
     6  or city to ensure a trauma-informed approach to the design and execution
     7  of such drills, which shall include:
     8    (i) notice to parents and guardians of students of when the  lock-down
     9  drill will be held, at least seven days in advance of such drill;
    10    (ii)  the ability for parents or guardians to opt their child or chil-
    11  dren out of such drill;
    12    (iii) accommodations  for  students  who  have  post-traumatic  stress
    13  disorder,  anxiety,  a  physical  disability,  or other relevant medical
    14  condition, which shall include the rendering of mental health counseling
    15  for such students; and
    16    (iv) an age-appropriate explanation to  the  students  of  the  school
    17  where the lock-down drill is being held of such drill, including a thor-
    18  ough  description of the drill and how it relates to the school's build-
    19  ing-level emergency response plan  prescribed  in  section  twenty-eight
    20  hundred one-a of this chapter.
    21    (b)  All  boards  of education or school boards or other bodies having
    22  control of the schools in any district or city shall design and  conduct
    23  a  comprehensive  training  for  teachers, administrators, and all other
    24  school personnel participating in lock-down drills, which shall include:
    25    (i) how to respond  to  students'  physical,  emotional,  social,  and
    26  developmental  needs  during and after such drills, including particular
    27  guidance for students with disabilities;
    28    (ii) guidance on how to conduct such drills in  a  variety  of  class-
    29  rooms, including those with physical limitations such as windowed walls;
    30    (iii)  what  information  should  be  communicated to students before,
    31  during, and after such drill; and
    32    (iv) any other information that the board or body sees fit to include.
    33  All teachers, administrators, and school personnel subject  to  a  lock-
    34  down  drill  shall  be  notified  of such drill in advance of such drill
    35  occurring and shall be notified of such drill's expected length of time.
    36    § 3. This act shall take effect on the first of July  next  succeeding
    37  the  date  upon which it shall have become a law. Effective immediately,
    38  the addition, amendment and/or repeal of any rule or  regulation  neces-
    39  sary  for  the  implementation  of  this  act  on its effective date are
    40  authorized to be made and completed on or before such effective date.
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