STATE OF NEW YORK
________________________________________________________________________
7078
IN SENATE(Prefiled)
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.
LBD06264-04-9
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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
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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
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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;
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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;
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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.
