A10014 Summary:

BILL NOA10014
 
SAME ASNo Same As
 
SPONSORPaulin
 
COSPNSRJacobson, Galef, Cruz, Gottfried, Crespo, Stern, Jaffee
 
MLTSPNSR
 
Add 408-c, amd 409-d, 2801-a, 2814 & 3602, Ed L
 
Enacts the safe schools by design act; directs the use of professional design services for school security and safety improvements.
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A10014 Actions:

BILL NOA10014
 
03/04/2020referred to education
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A10014 Committee Votes:

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A10014 Floor Votes:

There are no votes for this bill in this legislative session.
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A10014 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10014
 
                   IN ASSEMBLY
 
                                      March 4, 2020
                                       ___________
 
        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Education
 
        AN  ACT  to  amend  the education law, in relation to enacting the "safe
          schools by design act"; directing  the  use  of  certain  professional
          design services for school security and safety improvements
 
          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 schools by design act".
     3    §  2.  Legislative  intent. The legislature acknowledges that measures
     4  taken to enhance school safety through investments in  facility  harden-
     5  ing,  violence  intervention  services,  and  school  resource  officers
     6  contribute to a broader strategy to mitigate and prevent violent acts on
     7  school grounds.
     8    The legislature further acknowledges that schools are intended  to  be
     9  communities and should be planned without sacrificing the inherent posi-
    10  tive  qualities  of  school environments we all desire for our children,
    11  and that  design  solutions  can  help  address  social,  psychological,
    12  economic,  environmental, and safety factors while maintaining a healthy
    13  and productive learning environment.
    14    The legislature intends to provide school districts with the flexibil-
    15  ity to adapt to  differing  and  evolving  community  concerns,  support
    16  student health and safety, and create productive learning environments.
    17    §  3.  The  education  law is amended by adding a new section 408-c to
    18  read as follows:
    19    § 408-c. School safety design and planning. 1.  Any  project  for  the
    20  design,   planning,  construction,  reconstruction,  rehabilitation,  or
    21  improvement of school  property,  as  defined  by  section  twenty-eight
    22  hundred  one of this chapter, shall to the best of the school district's
    23  ability, incorporate passive security design features to improve  school
    24  safety.    For  the  purposes  of this section, "passive security design
    25  features" shall mean a design feature which deters threats while remain-
    26  ing largely undetectable.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15476-01-0

        A. 10014                            2
 
     1    2. The  specification  and/or  planning  of  passive  security  design
     2  features of buildings, groups of buildings, including all components and
     3  appurtenances  and  the  spaces around such building or groups of build-
     4  ings, shall comply with all rules and regulations governing articles one
     5  hundred forty-five, one hundred forty-seven, and one hundred forty-eight
     6  of this chapter.
     7    §  4.  Subdivision 1 of section 409-d of the education law, as amended
     8  by section 52-f of part YYY of chapter  59  of  the  laws  of  2019,  is
     9  amended to read as follows:
    10    1.  Program establishment. The commissioner is authorized and directed
    11  to establish, develop and monitor a comprehensive public school building
    12  safety program which shall include a uniform inspection,  safety  rating
    13  and monitoring system. Such program shall require the inspections of all
    14  public  school  buildings throughout the state (i) at least once between
    15  the period commencing with the first day of January, two thousand twenty
    16  and ending with the thirty-first day of December,  two  thousand  twenty
    17  and  (ii) at least once between the period commencing with the first day
    18  of January, two thousand twenty-two and ending with the thirty-first day
    19  of December, two thousand twenty-two,  provided  that  such  inspections
    20  shall  exclude  public school buildings in a school district required to
    21  conduct building condition surveys between January first,  two  thousand
    22  twenty  and the end of such period in accordance with regulations of the
    23  commissioner adopted pursuant to subparagraph one-a of  paragraph  c  of
    24  subdivision  four  of section thirty-six hundred forty-one of this chap-
    25  ter, and provided further that such exclusion shall  not  apply  in  the
    26  case of a school district which has not completed the building condition
    27  surveys so required and submitted the same to the department. Under such
    28  program,  the  commissioner  may  require  inspections  of public school
    29  buildings as deemed necessary to maintain the safety of school buildings
    30  and the welfare of the occupants, and such  program  shall  establish  a
    31  safety  rating  system  for such school buildings to assess the need for
    32  maintenance, repairs, design, planning, rehabilitation,  reconstruction,
    33  construction  and other improvements related to the structural integrity
    34  and overall safety of public school buildings including but not  limited
    35  to  building  systems  related  to electrical, plumbing, heating, venti-
    36  lation, and air conditioning, sanitation and health, fire  and  accident
    37  protection;  and  require  that  such ratings be used for the purpose of
    38  developing a buildings condition survey as required pursuant to subdivi-
    39  sion four of section thirty-six hundred forty-one of this chapter and  a
    40  five year facilities plan as required pursuant to clause (i) of subpara-
    41  graph  two  of  paragraph  b  of  subdivision  six of section thirty-six
    42  hundred two of this chapter.
    43    § 5. Subdivision 4 of section 2801-a of the education law, as  amended
    44  by chapter 525 of the laws of 2019, is amended to read as follows:
    45    4.  Each  district-wide  school  safety team shall be appointed by the
    46  board of education, or the chancellor in the case  of  the  city  school
    47  district  of  the city of New York, and shall include but not be limited
    48  to representatives of the  school  board,  teacher,  administrator,  and
    49  parent  organizations, school safety personnel, and other school person-
    50  nel including bus drivers and monitors. At the discretion of  the  board
    51  of  education,  or the chancellor in the case of the city of New York, a
    52  student may be allowed to  participate  on  the  safety  team,  provided
    53  however,  that  no  portion  of  a confidential building-level emergency
    54  response plan shall be shared with such student nor shall  such  student
    55  be  present  where  details  of  a confidential building-level emergency
    56  response plan or confidential  portions  of  a  district-wide  emergency

        A. 10014                            3
 
     1  response  strategy are discussed. Each building-level emergency response
     2  team shall be appointed by the building principal,  in  accordance  with
     3  regulations or guidelines prescribed by the board of education, chancel-
     4  lor or other governing body. Such building-level teams shall include but
     5  not  be limited to representatives of teacher, administrator, and parent
     6  organizations,  school  safety  personnel  and  other  school  personnel
     7  including  bus  drivers and monitors, community members, law enforcement
     8  officials, fire officials or other emergency response  agencies,  design
     9  professionals  licensed pursuant to articles one hundred forty-five, one
    10  hundred forty-seven, or one hundred forty-eight of this chapter, and any
    11  other representatives  the  board  of  education,  chancellor  or  other
    12  governing body deems appropriate.
    13    §  6.  Paragraph  a  of subdivision 1 of section 2814 of the education
    14  law, as added by chapter 181 of the laws of 2000, is amended to read  as
    15  follows:
    16    a. School safety activities. Programs eligible for funding pursuant to
    17  this  section  may  include,  but  not be limited to: (i) safe corridors
    18  programs; (ii) diversity programs;  (iii)  collaborative  school  safety
    19  programs with law enforcement agencies or community-based organizations;
    20  (iv)  metal  detectors,  intercom  and  other intra-school communication
    21  devices and other devices to increase school security and the safety  of
    22  school  personnel and students; (v) passive security design features, as
    23  defined by section four hundred eight-c of this chapter, to increase the
    24  security and safety of school property, as defined  by  section  twenty-
    25  eight  hundred  one  of  this chapter; and (vi) other programs including
    26  comprehensive school-based intervention models, approved by the  commis-
    27  sioner,  that  reduce violence and improve school safety.  Comprehensive
    28  school based intervention models shall coordinate with  and  collaborate
    29  with  other  services  currently  being provided in the school district,
    30  incorporate appropriate  school  violence  prevention  and  intervention
    31  services, and coordinate appropriate funding sources to ensure the effi-
    32  cient delivery of services. Such comprehensive school-based intervention
    33  models  shall  also  include provisions for the involvement of teachers,
    34  parents, school administrators in the development and implementation  of
    35  the  program,  a  detailed  statement  identifying  specific performance
    36  goals, a proposed timetable for implementation and achievement  of  such
    37  goals  and  specific  assessment  methods  which will be used to measure
    38  student and school progress.
    39    § 7. Subdivision 6-c of section 3602 of the education law, as  amended
    40  by  chapter  1 of the laws of 2013, paragraph b as amended by section 11
    41  of part CCC of chapter 59 of the laws of 2018, is  amended  to  read  as
    42  follows:
    43    6-c.  a.  Building aid for passive security design features as defined
    44  by section four hundred eight-c of this chapter,  metal  detectors,  and
    45  safety  devices  for electrically operated partitions, room dividers and
    46  doors. In addition to the apportionments payable to  a  school  district
    47  pursuant  to subdivision six of this section, the commissioner is hereby
    48  authorized to apportion to any school district additional  building  aid
    49  pursuant  to  this subdivision for its approved expenditures in the base
    50  year  for  the  purchase  and/or  procurement  of  professional   design
    51  services,  stationary  metal detectors, security cameras, safety devices
    52  for electrically operated partitions and room dividers required pursuant
    53  to section four hundred  nine-f  of  this  chapter,  or  other  security
    54  devices  or  design-based  solutions  approved  by the commissioner that
    55  increase the safety of students and school personnel, provided, however,
    56  that funds apportioned to school  districts  pursuant  to  this  section

        A. 10014                            4
 
     1  shall  not  supplant  funds  for  existing  district expenditures or for
     2  existing contractual obligations of the district for professional design
     3  services, stationary metal detectors, security  cameras,  partition  and
     4  room divider safety devices, or security devices.  Portable or hand held
     5  metal  detectors shall not be eligible for aid pursuant to this subdivi-
     6  sion. Such additional aid shall equal the product of  the  building  aid
     7  ratio  computed  for  use in the current year pursuant to paragraph c of
     8  subdivision six of this section and  the  actual  approved  expenditures
     9  incurred  in  the  base year pursuant to this subdivision, provided that
    10  the limitations on cost allowances prescribed by paragraph a of subdivi-
    11  sion six of this section shall not apply. The commissioner shall annual-
    12  ly prescribe a special cost allowance for metal detectors, and  security
    13  cameras, and the approved expenditures shall not exceed such cost allow-
    14  ance. The commissioner shall annually prescribe a special cost allowance
    15  for partition and room divider safety devices, and the approved expendi-
    16  tures shall not exceed such cost allowance.
    17    b.  For  projects  approved  by the commissioner authorized to receive
    18  additional building aid pursuant to this subdivision  for  the  purchase
    19  and/or  procurement  of  professional  design services, stationary metal
    20  detectors, security cameras or other security devices  approved  by  the
    21  commissioner  that increase the safety of students and school personnel,
    22  provided that for purposes of this paragraph such other security devices
    23  shall be limited to electronic security systems and hardened doors,  and
    24  provided  that for projects approved by the commissioner on or after the
    25  first day of July two thousand thirteen and before the first day of July
    26  two thousand twenty-three such additional aid shall equal the product of
    27  (i) the building aid ratio computed for use in the current year pursuant
    28  to paragraph c of subdivision six of this section  plus  ten  percentage
    29  points,  except  that  in  no  case shall this amount exceed one hundred
    30  percent, and (ii) the actual approved expenditures incurred in the  base
    31  year pursuant to this subdivision, provided that the limitations on cost
    32  allowances  prescribed by paragraph a of subdivision six of this section
    33  shall not apply, and provided further that any projects aided under this
    34  paragraph must be included in  a  district's  school  safety  plan.  The
    35  commissioner shall annually prescribe a special cost allowance for metal
    36  detectors, and security cameras, and the approved expenditures shall not
    37  exceed such cost allowance.
    38    § 8. This act shall take effect immediately.
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