Requires each institution of higher education to make publicly available its policy on notifying the parent, guardian, or emergency contact of a student under twenty-one of certain controlled substance and alcohol violations, including rule infractions, and controlled substance or alcohol related hospitalizations or overdoses; requires such colleges and institutions to conduct regular training on the Family Educational Rights and Privacy Act.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4872A
SPONSOR: McMahon TITLE OF BILL:
An act to amend the education law, in relation to requiring each insti-
tution of higher education to make publicly available its policy on
notifying the parent, guardian, or emergency contact of a student under
twenty-one years old of certain controlled substance or alcohol
violations
PURPOSE OR GENERAL IDEA OF BILL:
This bill aims to increase transparency between higher education insti-
tutions and the public regarding their policy on notifying a parent or
guardian of a drug or alcohol violation by a student under the age of
twenty-one.
SUMMARY OF PROVISIONS:
Section 1 establishes the short title of "Beau's Law."
Section 2 stipulates that every institution of higher education must
make publicly accessible its policy on notification of a parent, guardi-
an, or emergency contact in the case of a drug or alcohol violation by a
student under the age of twenty-one. It also outlines that all insti-
tutions of higher education shall conduct regular training on the
provisions of FERPA related to parental drug and alcohol notification.
Section 3 is the enacting clause.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
The amendments change the effective date and clarify the training
requirements.
JUSTIFICATION:
On average, in the United States, 60% of full-time college students
consume alcohol, 39% of whom partake in binge drinking. 20% of full-time
students use cannabis, and the use of other illicit drugs has been on
the rise in recent years. When it comes to substance consumption for
those under the age of twenty-one, the problem only worsens. In 2022,
Beau Miller, an 18-year-old college student, died from an accidental
overdose. Suffering from an addiction problem, he had not been attending
classes and when dismissed, poor attendance was the only reason listed.
Prior to his death, he had to be resuscitated on multiple occasions. At
no point did the school inform his parents that anything was wrong, and
it was only when it was too late that they were made aware of pre-exist-
ing issues from his friends.
This bill, named 'Beau's Law' in his memory, sets out guidelines to
improve transparency as to what each higher education institution's
policy is on whether a parent or guardian will be notified of an alcohol
or drug violation by an underage student. By requiring colleges to make
their guidelines publicly accessible, this enables underage students to
be fully informed as to what the steps are after a rule violation of
this nature and to give parents full transparency over what their expec-
tations should be. Each college has autonomy over what rules to set in
place regarding parental notification, but this bill works towards
increased accountability and better communication.
PRIOR LEGISLATIVE HISTORY:
2024: A10046/S09173 referred to Higher Education
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the first of July next succeeding the date
on which it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
4872--A
2025-2026 Regular Sessions
IN ASSEMBLY
February 6, 2025
___________
Introduced by M. of A. McMAHON, McDONOUGH, SIMON -- read once and
referred to the Committee on Higher 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 each insti-
tution of higher education to make publicly available its policy on
notifying the parent, guardian, or emergency contact of a student
under twenty-one years old of certain controlled substance or alcohol
violations
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 "Beau's law".
3 § 2. The education law is amended by adding a new section 6438-d to
4 read as follows:
5 § 6438-d. Notification of alcohol or controlled substance violations.
6 1. Every institution of higher education shall make publicly accessible
7 its policy on notifying a parent, guardian, or emergency contact of a
8 violation by a student under the age of twenty-one for the use or
9 possession of alcohol or a controlled substance. Such violations may
10 include but shall not be limited to, rule infractions, violations of
11 federal, state, or local law, or controlled substance or alcohol related
12 hospitalizations or overdoses.
13 2. All institutions of higher education shall conduct regular training
14 on the provisions of the Family Educational Rights and Privacy Act (20
15 U.S.C. § 1232g; 34 CFR Part 99) related to health and safety emergencies
16 and its impact on such institutions' response to student alcohol or
17 controlled substance related hospitalizations or overdoses. These train-
18 ings shall be conducted for relevant administration and staff as identi-
19 fied by the institution. Such institutions may set the time intervals
20 and parameters for such trainings.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02969-02-5
A. 4872--A 2
1 § 3. This act shall take effect on the first of July next succeeding
2 the date on which it shall have become a law. Effective immediately, the
3 addition, amendment and/or repeal of any rule or regulation necessary
4 for the implementation of this act on its effective date are authorized
5 to be made and completed on or before such effective date.
