S07078 Summary:

Add 409-m & 923, amd 2801-a, Ed L
Relates to classroom safety mechanisms, emergency medical equipment, and evidence-based best practices for school safety planning and training.
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S07078 Actions:

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S07078 Committee Votes:

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S07078 Floor Votes:

There are no votes for this bill in this legislative session.
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S07078 Text:

                STATE OF NEW YORK
                    IN SENATE
                                     January 8, 2020
        Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
          printed to be committed to the Committee on Education
        AN ACT to amend the education law, in relation to classroom safety mech-
          anisms, emergency medical equipment, and evidence-based best practices
          for school safety planning and training

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. The education law is amended by adding a new section 409-m
     2  to read as follows:
     3    § 409-m. Quick action school security devices. 1. To ensure safety for
     4  children, administrators, and staff,  every  door  in  school  buildings
     5  shall  be equipped with a locking device that follows, at a minimum, the
     6  guidelines under section 2.19 of the United States department  of  home-
     7  land  security  primer, which states that door locks shall lock automat-
     8  ically or with a simple locking mechanism in order to ensure that it can
     9  be quickly locked from either side.
    10    2. Wherever possible, advanced hardening options for windows and doors
    11  on school premises shall be considered and applied,  such  as  ballistic
    12  classroom  doors, ballistic or shatter proof safety film on ground floor
    13  classroom windows, and classroom door view panels.
    14    3. School  administrators,  in  consultation  with  the  local  police
    15  department,  shall  install  security  cameras  supported  by artificial
    16  intelligence and be installed where appropriate.
    17    4. Devices outlined in this section shall be compliant with life safe-
    18  ty, fire codes, the Americans with disabilities act and all other appli-
    19  cable laws.
    20    § 2. The education law is amended by adding a new section 923 to  read
    21  as follows:
    22    §  923.  Public bleeding control. 1. For purposes of this section, the
    23  term "public bleeding control equipment" shall mean a first aid response
    24  kit that contains equipment  such  as  tourniquets,  pressure  dressing,
    25  scissors,  protective  gloves,  and gauze bandages meant to help control
    26  and stop bleeding until trained emergency responders  arrive,  that  are
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 7078                             2
     1  bundled  together  in  individual  kits,  conspicuously labeled with the
     2  words "Bleeding Control".
     3    2.  When  assembling  and selecting public bleeding control equipment,
     4  public school administrators and staff, in consultation with the commis-
     5  sioner of health  and  commissioner  of  education,  shall  utilize  the
     6  following  best practices to enable untrained bystanders to become imme-
     7  diate responders:
     8    a. select products that are easily applied by untrained professionals;
     9    b. ensure components are color and number-coded for  easy  identifica-
    10  tion;
    11    c. products come with a user app that:
    12    (i)   provides  easy  to  follow  product  selection  and  application
    13  instructions;
    14    (ii) records useful activity and information  that  can  inform  first
    15  responders, trauma staff, and incident management recording; and
    16    (iii) provides emergency care guidance for common uses, such as bleed-
    17  ing,  choking,  seizures,  breathing, epipen and asthma inhaler applica-
    18  tion, and narcan;
    19    d. policies and procedures for response to emergency situations,  such
    20  as those requiring evacuation, sheltering, and lock-down. These policies
    21  shall  include,  at  a  minimum,  evacuation  routes, shelter sites, and
    22  procedures for addressing medical needs, transportation,  and  emergency
    23  notification of parents and guardians;
    24    e.  designation  of  an  emergency  response  team comprised of school
    25  personnel, law enforcement officials, fire officials and representatives
    26  from local regional and/or  state  emergency  response  agencies,  other
    27  appropriate  incident  response teams, and a post-incident response team
    28  that includes appropriate school personnel,  medical  personnel,  mental
    29  health  counselors,  and  others  who can assist the school community in
    30  coping with the aftermath of a violent incident;
    31    f. floor plans, blueprints, schematics or other  maps  of  the  school
    32  interior,  school  grounds,  and  road maps of the immediate surrounding
    33  area;
    34    g. establishment of internal and  external  communication  systems  in
    35  emergencies;
    36    h.  definition of the chain of command in a manner consistent with the
    37  national interagency incident management system/incident command system;
    38    i. coordination of the emergency response  plan  with  the  state-wide
    39  plan  for  disaster mental health services to assure that the school has
    40  access to federal, state, and local mental health resources in the event
    41  of a violent incident;
    42    j. procedures for review and the conducting of drills and other  exer-
    43  cises to test components of the emergency response plan; and
    44    k.  policies and procedures for securing and restricting access to the
    45  crime scene in order to preserve evidence in cases of violent crimes  on
    46  school property.
    47    3. When deploying public bleed control equipment, public school admin-
    48  istrators and staff, in consultation with the commissioner of health and
    49  commissioner  of  education,  shall utilize the following best practices
    50  for placement and quantities:
    51    a. mobile units - to be utilized for school  nurses,  school  resource
    52  officers, athletic departments, school buses, physical education depart-
    53  ments, and all after-school and out-of-school activities;
    54    b.  public  access  bleeding  control  station  -  for every automated
    55  external defibrillator, as defined in paragraph (a) of  subdivision  one

        S. 7078                             3
     1  of  section  three  thousand-b of the public health law, that shall be a
     2  wall-mounted station containing four individual kits;
     3    c.  individual kits in every classroom in case of emergencies or lock-
     4  downs; and
     5    d. for purposes of this section, proper placement of equipment  should
     6  follow  the  three-minute  rule,  which means that an individual must be
     7  able to retrieve the equipment and begin treatment within three minutes.
     8    4. Each district-wide school safety team shall  be  appointed  by  the
     9  board  of  education,  or  the chancellor in the case of the city school
    10  district of the city of New York, and shall include but not  be  limited
    11  to  representatives  of  the  school  board, teacher, administrator, and
    12  parent organizations, school safety personnel, and other school  person-
    13  nel.  At  the discretion of the board of education, or the chancellor in
    14  the case of the city of New York, a student may be  allowed  to  partic-
    15  ipate  on the safety team, provided however, that no portion of a confi-
    16  dential building-level emergency response plan shall be shared with such
    17  student nor shall such student be present where details of  a  confiden-
    18  tial  building-level emergency response plan or confidential portions of
    19  a district-wide emergency response strategy are discussed.  Each  build-
    20  ing-level  emergency  response  team  shall be appointed by the building
    21  principal, in accordance with regulations or  guidelines  prescribed  by
    22  the  board of education, chancellor or other governing body. Such build-
    23  ing-level teams shall include but not be limited to  representatives  of
    24  teacher,  administrator, and parent organizations, school safety person-
    25  nel and other school personnel, community members, law enforcement offi-
    26  cials, fire officials or any other emergency response agencies, and  any
    27  other  representatives  the  board  of  education,  chancellor, or other
    28  governing body deems appropriate.
    29    5. The district-wide safety plan and building-level emergency response
    30  plans shall be reviewed by the  appropriate team on at least  an  annual
    31  basis and updated as needed.
    32    6.  Each  board of education, chancellor or other governing body shall
    33  make each district-wide safety plan  available  for  public  comment  at
    34  least thirty days prior to its adoption. Such district-wide plans may be
    35  adopted  by the school board only after at least one public hearing that
    36  provides for the participation of school personnel,  parents,  students,
    37  and any other interested parties. Each district shall file a copy of its
    38  district-wide  safety  plan  with the commissioner and all amendments to
    39  such plan shall be filed with the commissioner no later than thirty days
    40  after their adoption.
    41    7. Each board of education, chancellor  or  other  governing  body  or
    42  officer  shall  ensure  a copy of each building-level emergency response
    43  plan and any amendments thereto, shall be  filed  with  the  appropriate
    44  local  law  enforcement  agency  and with the state police within thirty
    45  days of its adoption. Building-level emergency response plans  shall  be
    46  confidential and shall not be subject to disclosure under article six of
    47  the  public  officers law or any other provision of law. If the board of
    48  education, chancellor or other governing body  or  chancellor  fails  to
    49  file  such plan as required by this section, the commissioner may, in an
    50  amount determined by the commissioner, withhold public  money  from  the
    51  district until the district is in compliance.
    52    8.  The  commissioner  shall  annually  report to the governor and the
    53  legislature on the implementation and compliance with the provisions  of
    54  this section.
    55    9. Whenever it shall have been demonstrated to the satisfaction of the
    56  commissioner  that  a  school  district  has  failed  to adopt a code of

        S. 7078                             4
     1  conduct which fully satisfies the requirements of  section  twenty-eight
     2  hundred  one  of  this chapter, or a district-wide safety plan or build-
     3  ing-level emergency response plan which satisfies  the  requirements  of
     4  this  section,  or to faithfully and completely implement all three, the
     5  commissioner may, on thirty days notice to the district,  withhold  from
     6  the  district  monies to be paid to such district for the current school
     7  year pursuant to section thirty-six  hundred  nine-a  of  this  chapter,
     8  exclusive  monies to be paid in respect of obligations to the retirement
     9  systems for  school  and  district  staff  and  pursuant  to  collective
    10  bargaining  agreements,  or  the commissioner may direct the district to
    11  expend up to such amount upon the development and  implementation  of  a
    12  code  of  conduct  and a school district safety plan as required by such
    13  sections. Prior to such withholding  or  redirection,  the  commissioner
    14  shall  provide the district an opportunity to present evidence of exten-
    15  uating circumstances; when combined  with  evidence  that  the  district
    16  shall promptly comply within short time frames that shall be established
    17  by the commissioner as part of an agreement between the district and the
    18  commissioner,  the  commissioner may temporarily stay the withholding or
    19  redirection of funds pending the implementation of  such  agreement.  If
    20  the  district  promptly  and fully complies with the agreement and is in
    21  full compliance with this section and section twenty-eight  hundred  one
    22  of  this  chapter,  the  commissioner shall abate the withholding in its
    23  entirety. Any failure to meet the obligations of the  compliance  agree-
    24  ment by the district within the time frames established shall be consid-
    25  ered a willful violation of a commissioner's order by the members of the
    26  district  board for purposes of subdivision one of section three hundred
    27  six of this title.  Notwithstanding any other law, rule  or  regulation,
    28  such transfer shall take effect upon filing of a notice thereof with the
    29  director of the budget and the chairs of the senate finance and assembly
    30  ways and means committees.
    31    §  3. Subdivision 2 of section 2801-a of the education law, as amended
    32  by section 1 of part B of chapter 54 of the laws of 2016, paragraphs  a,
    33  b  and  g  as  amended by chapter 525 of the laws of 2019, is amended to
    34  read as follows:
    35    2. Such comprehensive district-wide safety plan shall be developed  by
    36  the district-wide school safety team and shall include at a minimum:
    37    a. evidence-based policies and procedures for responding to implied or
    38  direct threats of violence by students, teachers, other school personnel
    39  including  bus  drivers and monitors, as well as visitors to the school,
    40  including threats by students against themselves, which for the purposes
    41  of this section shall include suicide;
    42    b. evidence-based policies and procedures for responding  to  acts  of
    43  violence  by  students,  teachers,  other school personnel including bus
    44  drivers and monitors, as well  as  visitors  to  the  school,  including
    45  consideration of zero-tolerance policies for school violence;
    46    c.  evidence-based  appropriate prevention and intervention strategies
    47  such as:
    48    (i) collaborative arrangements with state and  local  law  enforcement
    49  officials,  designed  to  ensure  that  school safety officers and other
    50  security personnel are adequately trained, including  being  trained  to
    51  de-escalate  potentially  violent  situations,  and  are effectively and
    52  fairly recruited;
    53    (ii) non-violent conflict resolution training programs;
    54    (iii) peer mediation programs and youth courts; and
    55    (iv) extended day and other school safety programs;

        S. 7078                             5
     1    d. evidence-based policies and procedures for  contacting  appropriate
     2  law enforcement officials in the event of a violent incident;
     3    e.  evidence-based  policies  and  procedures  for contacting parents,
     4  guardians or persons  in  parental  relation  to  the  students  of  the
     5  district  in the event of a violent incident and policies and procedures
     6  for contacting parents, guardians or persons in parental relation to  an
     7  individual  student of the district in the event of an implied or direct
     8  threat of  violence  by  such  student  against  themselves,  which  for
     9  purposes of this section shall include suicide;
    10    f.  evidence-based policies and procedures relating to school building
    11  security, including where appropriate the use of school safety  officers
    12  and/or  security  devices  or procedures, as further outlined in section
    13  four hundred nine-m of this chapter;
    14    g. evidence-based policies and procedures  for  the  dissemination  of
    15  informative  materials  regarding  the  early  detection  of potentially
    16  violent behaviors, including but not limited to  the  identification  of
    17  family,  community  and  environmental factors, to teachers, administra-
    18  tors, school personnel including bus drivers and  monitors,  persons  in
    19  parental  relation  to  students  of  the  district,  students and other
    20  persons deemed appropriate to receive such information;
    21    h. evidence-based policies and procedures  for  annual  school  safety
    22  training for staff and students; provided that the district must certify
    23  to the commissioner that all staff have undergone annual training on the
    24  emergency  response  plan,  and  that the school safety training include
    25  components on violence prevention and mental health, such  training  may
    26  be  implemented  and conducted in conjunction with existing professional
    27  development and training; provided  however  that  new  employees  hired
    28  after  the start of the school year shall receive training within thirty
    29  days of such hire or as part of a district's existing new hire  training
    30  program, whichever is sooner, and shall include;
    31    (i) evidence-based professional development and training programs that
    32  are  able to achieve third-party validation, such as curriculum accredi-
    33  tation from an independent higher education learning institution;
    34    (ii) instruction from  professionally  credentialed  instructors  with
    35  functional and instructional experience, skill level, and credentialing;
    36    (iii)  instructional methodology that includes an interactive delivery
    37  model inclusive of group discussions, scenario based and tabletop  exer-
    38  cise, and follows professional instructional protocol;
    39    (iv)  the same training for all school personnel including administra-
    40  tors, teachers, and staff at all levels, including school resource offi-
    41  cers, to offset their own separate training focused on threat mitigation
    42  neutralization, and to ensure familiarity, continuity, and  consistency;
    43  and
    44    (v)  site-specific  and  customizable  training curriculum that can be
    45  adapted to each school site's specific risk profile  and  threat  level,
    46  and  should  include  participation  in order to familiarize them with a
    47  school's approach;
    48    i. protocols for responding to bomb threats,  hostage-takings,  intru-
    49  sions and kidnappings;
    50    j.   evidence-based   strategies  for  improving  communication  among
    51  students and between students and staff  and  reporting  of  potentially
    52  violent incidents, such as the establishment of youth-run programs, peer
    53  mediation, conflict resolution, creating a forum or designating a mentor
    54  for students concerned with bullying or violence and establishing anony-
    55  mous reporting mechanisms for school violence;

        S. 7078                             6
     1    k.  a  description of the duties of hall monitors and any other school
     2  safety personnel, the training required of all  personnel  acting  in  a
     3  school  security  capacity, and the hiring and screening process for all
     4  personnel acting in a school security capacity; and
     5    l.  the  designation of the superintendent, or superintendent's desig-
     6  nee, as the district chief emergency officer responsible for  coordinat-
     7  ing  communication  between  school  staff and law enforcement and first
     8  responders, and ensuring staff understanding of the district-level safe-
     9  ty plan. The chief emergency  officer  shall  also  be  responsible  for
    10  ensuring  the completion and yearly updating of building-level emergency
    11  response plans.
    12    § 4. This act shall take effect on the one hundred twentieth day after
    13  it shall have become a law. Effective immediately, the addition,  amend-
    14  ment and/or repeal of any rule or regulation necessary for the implemen-
    15  tation  of this act on or before its effective date are authorized to be
    16  made and completed on or before such effective date.
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