•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A04534 Summary:

BILL NOA04534
 
SAME ASNo Same As
 
SPONSORHyndman
 
COSPNSRMagnarelli, Gibbs, Sayegh, Brown K, Brabenec, Reilly, Cook, Colton
 
MLTSPNSR
 
Add §§409-n & 925, amd §2801-a, Ed L
 
Relates to classroom safety mechanisms, emergency medical equipment, and evidence-based best practices for school safety planning and training.
Go to top    

A04534 Actions:

BILL NOA04534
 
02/16/2023referred to education
01/03/2024referred to education
Go to top

A04534 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4534REVISED 4/19/23
 
SPONSOR: Hyndman
  TITLE OF BILL: 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   SUMMARY OF PROVISIONS: Section 1 of this bill amends the education law by adding a new section 409-n as follows: 1. For the safety of all, to equip every door in every school building with a locking device that a minimum, all door locks comply with guide- lines under section 2.19 of The United States department of homeland security primer. 2. Where possible, to provide hardening options for windows and doors, such as ballistic classroom doorS; ballistic or shatter proof safety film on ground floor classroom windows and classroom door view panels. 3. School administrators to consult with local police departments for the purposes of appropriate installation of security cameras supported by artificial intelligence; where. appropriate. 4. Devices outlined in this section. to comply with life safety,' fire codes, the Americans with disability act and all other applicable laws. This bill would amend education law by adding new section 923 as follows: Section 2 of this bill amends the education law by adding a new section 924 as follows: 1. "Public bleeding control equipment" and it definition for purposes of this section. 2. Public schobl administrators and staff are to consult with the commissioner of health and commissioner of education to utilize best practices for untrained bystanders to become immediate responders for purposes of: • a. Selection of products; b. Components to be color and numbered coded for easy identification c. Products to include a user app that: i. Provides easy product selection and instructions; ii. Records useful activity and informing information for first responders; iii. Provides emergency care guidance for common use; d. Policies and procedures for response to emergency situations such as evacuations, sheltering, and lock-down; e. Designation of an emergency response team-and the required personnel to be included; f. Floor plans, blueprints, schematics or other maps of the school inte- rior and grounds, as well as the immediate surrounding areas; g. Establishment of internal and external communication systems in emer- gencies; h. Defining the chain of command to be consistent with the national interagency incident management system/incident command system; i. Coordination of an emergency response plan to include state-wide plan for mental health services to assure each school has access to all levels of government health resources in the event of a violent inci- dent; j. Procedures for review and conduction of drills and other exercises to test components of emergency response plan. k. Policies and procedures for securing and restricting access to the crime scene for evidence preservation. 3. In the deployment of public bleed control equipment, public school administrators and staff, with the consultation of the commissioner of health and commissioner of education, shall ensure: a. Mobile units; b. Public access bleeding control station for every automated external; defibrillator as defined in paragraph (a) of subdivision 1 Section 3000-b of the public health law; c. Individual kits in every classroom for emergency or lock-down purposes; d. Proper placement of equipment. 4. Each district-wide school safety team shell be appointed by the board of election or chancellor in the case of New York City, and the inclu- sion of other representatives of other staff, boards, and personnel; not limited to include a student. This paragraph will also give each princi- pal authority to appoint building-level emergency response team. 5. Time parameters for the district-wide safety plan and building-level emergency response plans. 6. Each board of education, chancellor, or other governing body shall make plans accessible to public for comment 30 days prior to adoption. 7. Ensuring proper distribution for copies of the emergency response plans and any amendments; with the exclusion' of the confidential plans. 8. Annual reporting to governor and the legislature of implementation and compliance. 9. Provisions of the commissioner when a district has not satisfied the requirements of Section 2801 of this 'chapter, or a district-wide safety plan or building-level emergency response plan required of this section. Section 2 of this bill amends Subdivision 2 of section 2801-a of the education law, as amended by section 1 of part B of chapter 54 of the laws of 2016, paragraphs a, b and gas amended by chapter 525 of the laws of 2019, paragraph k as amended by chapter 168 of the laws of 2020, and paragraphs 1 and m as amended by chapter 30 of the laws of 2021 to read as follows: 2. Comprehensive district-wide safety plan to be developed by district- wide school safety team to include at minimum: a. Evidence-based policies and procedures for responding to implied or direct threats of violence; b. Evidence-based policies and procedures for responding to acts of violence; c. Evidence-based prevention and intervention strategies' such as: i. collaborative efforts with state and local law enforcement officials. ii. non-violent conflict resolution training programs; iii. peer mediation programs and youth courts; iv. extended day and other school safety programs; d. Policies and procedures for contacting appropriate law enforcement officials in the event of a violent incident; e. Evidence-based policies and procedures for the contacting of parents, guardians, etc; f. Evidence-based policies and procedures relating to school building security, including appropriate use of school safety offers and/or devices; g. Evidence-based policies and procedures for the dissemination of mate- rials for the early detection of potentially violent behaviors; h. Evidence-based policies and procedures for annual school safety training for staff and student, and the certification of all to commis- sioner all staff have attended annual training, which shall include: i. evidence-based professional development and training programs; ii. instruction from professionally credentialed instructors; iii. instructional methodology that includes interactive delivery, exer- cises, with professional instructional protocol.; iv. same training for all school personnel; v. site-specific and customizable training curriculums adapted for a school site's specific risk; i. Protocols for responses to bomb threat, hostage-takings, intrusions, and kidnappings; j. Evidence-based strategies for improving communications with and between students and staff and reporting potentially violent incidents; k. Description of duties of hall monitors and all other school safety personnel and their. training; 1. Designation of superintendent or the designee of, as the district chief emergency officer and the responsibility for coordination of communication and ensuring updating to the building-level emergency response plans. m. Protocols for responding to a declared state disaster emergency involving a communicable disease that are substantially consistent with the provisions of section twenty-seven-c of the labor law.   JUSTIFICATION: For the mental, physical, and emotionally safety of our school children and those employed in school buildings, it is imperative school-building safety is increased, as well as the preparation for mass school-vio- lence. Mass school-violence has been increasingly plaguing our country. Recently the need for increased safety in our schools is ever present. In February 2018, the Stoneman Douglas High School shooting took place where Nikolas Cruz, a 19-year-old former student whose behavior had led to his expulsion, began shooting students and staff members with a semi- automatic rifle. 17 people were killed, and 17 others were injured. In May 2022, at Robb Elementary School, 18-year-old Salvador Ramos entered the school and barricaded himself in one of the classrooms, shooting the children and staff in the classroom. He killed nineteen children and two adults before being shot dead by police. Most recently, on March 27, 2023, mass shooting occurred at The Covenant School, in Nashville, Tennessee. Local resident and former student of the school Aiden Hale killed three children and three adults. This bill addresses this need on a proactive and reactive measure.   LEGISLATIVE HISTORY: 2017-2018, 2019-2020,2021-2022   FISCAL IMPLICATIONS: To be determined   EFFECTIVE DATE: This bill shall take effect 120 days after becoming law. Effective imme- diately. The addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on or before its effective date authorized to be made and completed on or before the effective date.
Go to top

A04534 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4534
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 16, 2023
                                       ___________
 
        Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
          tee 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-n
     2  to read as follows:
     3    § 409-n. 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 925 to  read
    21  as follows:
    22    §  925.  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,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06587-01-3

        A. 4534                             2
 
     1  scissors,  protective  gloves,  and gauze bandages meant to help control
     2  and stop bleeding until trained emergency responders  arrive,  that  are
     3  bundled  together  in  individual  kits,  conspicuously labeled with the
     4  words "Bleeding Control".
     5    2.  When  assembling  and selecting public bleeding control equipment,
     6  public school administrators and staff, in consultation with the commis-
     7  sioner of health  and  commissioner  of  education,  shall  utilize  the
     8  following  best practices to enable untrained bystanders to become imme-
     9  diate responders:
    10    a. select products that are easily applied by untrained professionals;
    11    b. ensure components are color and number-coded for  easy  identifica-
    12  tion;
    13    c. products come with a user app that:
    14    (i)   provides  easy  to  follow  product  selection  and  application
    15  instructions;
    16    (ii) records useful activity and information  that  can  inform  first
    17  responders, trauma staff, and incident management recording; and
    18    (iii) provides emergency care guidance for common uses, such as bleed-
    19  ing,  choking,  seizures,  breathing, epipen and asthma inhaler applica-
    20  tion, and narcan;
    21    d. policies and procedures for response to emergency situations,  such
    22  as those requiring evacuation, sheltering, and lock-down. These policies
    23  shall  include,  at  a  minimum,  evacuation  routes, shelter sites, and
    24  procedures for addressing medical needs, transportation,  and  emergency
    25  notification of parents and guardians;
    26    e.  designation  of  an  emergency  response  team comprised of school
    27  personnel, law enforcement officials, fire officials and representatives
    28  from local regional and/or  state  emergency  response  agencies,  other
    29  appropriate  incident  response teams, and a post-incident response team
    30  that includes appropriate school personnel,  medical  personnel,  mental
    31  health  counselors,  and  others  who can assist the school community in
    32  coping with the aftermath of a violent incident;
    33    f. floor plans, blueprints, schematics or other  maps  of  the  school
    34  interior,  school  grounds,  and  road maps of the immediate surrounding
    35  area;
    36    g. establishment of internal and  external  communication  systems  in
    37  emergencies;
    38    h.  definition of the chain of command in a manner consistent with the
    39  national interagency incident management system/incident command system;
    40    i. coordination of the emergency response  plan  with  the  state-wide
    41  plan  for  disaster mental health services to assure that the school has
    42  access to federal, state, and local mental health resources in the event
    43  of a violent incident;
    44    j. procedures for review and the conducting of drills and other  exer-
    45  cises to test components of the emergency response plan; and
    46    k.  policies and procedures for securing and restricting access to the
    47  crime scene in order to preserve evidence in cases of violent crimes  on
    48  school property.
    49    3. When deploying public bleed control equipment, public school admin-
    50  istrators and staff, in consultation with the commissioner of health and
    51  commissioner  of  education,  shall utilize the following best practices
    52  for placement and quantities:
    53    a. mobile units - to be utilized for school  nurses,  school  resource
    54  officers, athletic departments, school buses, physical education depart-
    55  ments, and all after-school and out-of-school activities;

        A. 4534                             3
 
     1    b.  public  access  bleeding  control  station  -  for every automated
     2  external defibrillator, as defined in paragraph (a) of  subdivision  one
     3  of  section  three  thousand-b of the public health law, that shall be a
     4  wall-mounted station containing four individual kits;
     5    c.  individual kits in every classroom in case of emergencies or lock-
     6  downs; and
     7    d. for purposes of this section, proper placement of equipment  should
     8  follow  the  three-minute  rule,  which means that an individual must be
     9  able to retrieve the equipment and begin treatment within three minutes.
    10    4. Each district-wide school safety team shall  be  appointed  by  the
    11  board  of  education,  or  the chancellor in the case of the city school
    12  district of the city of New York, and shall include but not  be  limited
    13  to  representatives  of  the  school  board, teacher, administrator, and
    14  parent organizations, school safety personnel, and other school  person-
    15  nel.  At  the discretion of the board of education, or the chancellor in
    16  the case of the city of New York, a student may be  allowed  to  partic-
    17  ipate  on the safety team, provided however, that no portion of a confi-
    18  dential building-level emergency response plan shall be shared with such
    19  student nor shall such student be present where details of  a  confiden-
    20  tial  building-level emergency response plan or confidential portions of
    21  a district-wide emergency response strategy are discussed.  Each  build-
    22  ing-level  emergency  response  team  shall be appointed by the building
    23  principal, in accordance with regulations or  guidelines  prescribed  by
    24  the  board of education, chancellor or other governing body. Such build-
    25  ing-level teams shall include but not be limited to  representatives  of
    26  teacher,  administrator, and parent organizations, school safety person-
    27  nel and other school personnel, community members, law enforcement offi-
    28  cials, fire officials or any other emergency response agencies, and  any
    29  other  representatives  the  board  of  education,  chancellor, or other
    30  governing body deems appropriate.
    31    5. The district-wide safety plan and building-level emergency response
    32  plans shall be reviewed by the  appropriate team on at least  an  annual
    33  basis and updated as needed.
    34    6.  Each  board of education, chancellor or other governing body shall
    35  make each district-wide safety plan  available  for  public  comment  at
    36  least thirty days prior to its adoption. Such district-wide plans may be
    37  adopted  by the school board only after at least one public hearing that
    38  provides for the participation of school personnel,  parents,  students,
    39  and any other interested parties. Each district shall file a copy of its
    40  district-wide  safety  plan  with the commissioner and all amendments to
    41  such plan shall be filed with the commissioner no later than thirty days
    42  after their adoption.
    43    7. Each board of education, chancellor  or  other  governing  body  or
    44  officer  shall  ensure  a copy of each building-level emergency response
    45  plan and any amendments thereto, shall be  filed  with  the  appropriate
    46  local  law  enforcement  agency  and with the state police within thirty
    47  days of its adoption. Building-level emergency response plans  shall  be
    48  confidential and shall not be subject to disclosure under article six of
    49  the  public  officers law or any other provision of law. If the board of
    50  education, chancellor or other governing body  or  chancellor  fails  to
    51  file  such plan as required by this section, the commissioner may, in an
    52  amount determined by the commissioner, withhold public  money  from  the
    53  district until the district is in compliance.
    54    8.  The  commissioner  shall  annually  report to the governor and the
    55  legislature on the implementation and compliance with the provisions  of
    56  this section.

        A. 4534                             4
 
     1    9. Whenever it shall have been demonstrated to the satisfaction of the
     2  commissioner  that  a  school  district  has  failed  to adopt a code of
     3  conduct which fully satisfies the requirements of  section  twenty-eight
     4  hundred  one  of  this chapter, or a district-wide safety plan or build-
     5  ing-level  emergency  response  plan which satisfies the requirements of
     6  this section, or to faithfully and completely implement all  three,  the
     7  commissioner  may,  on thirty days notice to the district, withhold from
     8  the district monies to be paid to such district for the  current  school
     9  year  pursuant  to  section  thirty-six  hundred nine-a of this chapter,
    10  exclusive monies to be paid in respect of obligations to the  retirement
    11  systems  for  school  and  district  staff  and  pursuant  to collective
    12  bargaining agreements, or the commissioner may direct  the  district  to
    13  expend  up  to  such amount upon the development and implementation of a
    14  code of conduct and a school district safety plan as  required  by  such
    15  sections.  Prior  to  such  withholding or redirection, the commissioner
    16  shall provide the district an opportunity to present evidence of  exten-
    17  uating  circumstances;  when  combined  with  evidence that the district
    18  shall promptly comply within short time frames that shall be established
    19  by the commissioner as part of an agreement between the district and the
    20  commissioner, the commissioner may temporarily stay the  withholding  or
    21  redirection  of  funds  pending the implementation of such agreement. If
    22  the district promptly and fully complies with the agreement  and  is  in
    23  full  compliance  with this section and section twenty-eight hundred one
    24  of this chapter, the commissioner shall abate  the  withholding  in  its
    25  entirety.  Any  failure to meet the obligations of the compliance agree-
    26  ment by the district within the time frames established shall be consid-
    27  ered a willful violation of a commissioner's order by the members of the
    28  district board for purposes of subdivision one of section three  hundred
    29  six  of  this title.  Notwithstanding any other law, rule or regulation,
    30  such transfer shall take effect upon filing of a notice thereof with the
    31  director of the budget and the chairs of the senate finance and assembly
    32  ways and means committees.
    33    § 3. Subdivision 2 of section 2801-a of the education law, as  amended
    34  by  section 1 of part B of chapter 54 of the laws of 2016, paragraphs a,
    35  b and g as amended by chapter 525 of the laws of 2019,  paragraph  f  as
    36  amended  by  chapter  227 of the laws of 2022, paragraph k as amended by
    37  chapter 168 of the laws of 2020, and paragraphs l and m  as  amended  by
    38  chapter 30 of the laws of 2021, is amended to read as follows:
    39    2.  Such comprehensive district-wide safety plan shall be developed by
    40  the district-wide school safety team and shall include at a minimum:
    41    a. evidence-based policies and procedures for responding to implied or
    42  direct threats of violence by students, teachers, other school personnel
    43  including bus drivers and monitors, as well as visitors to  the  school,
    44  including threats by students against themselves, which for the purposes
    45  of this section shall include suicide;
    46    b.  evidence-based  policies  and procedures for responding to acts of
    47  violence by students, teachers, other  school  personnel  including  bus
    48  drivers  and  monitors,  as  well  as  visitors to the school, including
    49  consideration of zero-tolerance policies for school violence;
    50    c. evidence-based appropriate prevention and  intervention  strategies
    51  such as:
    52    (i)  collaborative  arrangements  with state and local law enforcement
    53  officials, designed to ensure that  school  safety  officers  and  other
    54  security  personnel  are  adequately trained, including being trained to
    55  de-escalate potentially violent  situations,  and  are  effectively  and
    56  fairly recruited;

        A. 4534                             5
 
     1    (ii) non-violent conflict resolution training programs;
     2    (iii) peer mediation programs and youth courts; and
     3    (iv) extended day and other school safety programs;
     4    d.  evidence-based  policies and procedures for contacting appropriate
     5  law enforcement officials in the event of a violent incident;
     6    e. evidence-based policies  and  procedures  for  contacting  parents,
     7  guardians  or  persons  in  parental  relation  to  the  students of the
     8  district in the event of a violent incident and policies and  procedures
     9  for  contacting parents, guardians or persons in parental relation to an
    10  individual student of the district in the event of an implied or  direct
    11  threat  of  violence  by  such  student  against  themselves,  which for
    12  purposes of this section shall include suicide;
    13    f. evidence-based policies and procedures relating to school  building
    14  security,  including where appropriate the use of school safety officers
    15  and/or security devices or procedures, as further  outlined  in  section
    16  four  hundred nine-n of this chapter.  District-wide school safety teams
    17  shall consider, as part of its reviews of  the  comprehensive  district-
    18  wide safety plan, the installation of a panic alarm system. For purposes
    19  of  this  paragraph,  "panic  alarm system" shall mean a silent security
    20  system signal generated by the manual activation of a device intended to
    21  signal a life-threatening or emergency situation  requiring  a  response
    22  from  local law enforcement or, in the case of a school building located
    23  in a municipality in which there is no municipal  police  department,  a
    24  location  designated  by  the  superintendent  of  state  police and may
    25  include one or more of the following: wired  panic  button  or  buttons,
    26  wireless panic button or buttons or a mobile or computer application;
    27    g.  evidence-based  policies  and  procedures for the dissemination of
    28  informative materials  regarding  the  early  detection  of  potentially
    29  violent  behaviors,  including  but not limited to the identification of
    30  family, community and environmental factors,  to  teachers,  administra-
    31  tors,  school  personnel  including bus drivers and monitors, persons in
    32  parental relation to  students  of  the  district,  students  and  other
    33  persons deemed appropriate to receive such information;
    34    h.  evidence-based  policies  and  procedures for annual school safety
    35  training for staff and students; provided that the district must certify
    36  to the commissioner that all staff have undergone annual training on the
    37  emergency response plan, and that the  school  safety  training  include
    38  components  on  violence prevention and mental health, such training may
    39  be implemented and conducted in conjunction with  existing  professional
    40  development  and  training;  provided  however  that new employees hired
    41  after the start of the school year shall receive training within  thirty
    42  days  of such hire or as part of a district's existing new hire training
    43  program, whichever is sooner, and shall include;
    44    (i) evidence-based professional development and training programs that
    45  are able to achieve third-party validation, such as curriculum  accredi-
    46  tation from an independent higher education learning institution;
    47    (ii)  instruction  from  professionally  credentialed instructors with
    48  functional and instructional experience, skill level, and credentialing;
    49    (iii) instructional methodology that includes an interactive  delivery
    50  model  inclusive of group discussions, scenario based and tabletop exer-
    51  cise, and follows professional instructional protocol;
    52    (iv) the same training for all school personnel including  administra-
    53  tors, teachers, and staff at all levels, including school resource offi-
    54  cers, to offset their own separate training focused on threat mitigation
    55  and  threat  neutralization,  and to ensure familiarity, continuity, and
    56  consistency; and

        A. 4534                             6
 
     1    (v) site-specific and customizable training  curriculum  that  can  be
     2  adapted  to  each  school site's specific risk profile and threat level,
     3  and should include participation in order to  familiarize  them  with  a
     4  school's approach;
     5    i.  protocols  for responding to bomb threats, hostage-takings, intru-
     6  sions and kidnappings;
     7    j.  evidence-based  strategies  for  improving   communication   among
     8  students  and  between  students  and staff and reporting of potentially
     9  violent incidents, such as the establishment of youth-run programs, peer
    10  mediation, conflict resolution, creating a forum or designating a mentor
    11  for students concerned with bullying or violence and establishing anony-
    12  mous reporting mechanisms for school violence;
    13    k. a description of the duties of hall monitors and any  other  school
    14  safety  personnel,  the  training  required of all personnel acting in a
    15  school security capacity, and the hiring and screening process  for  all
    16  personnel acting in a school security capacity;
    17    l.  the  designation of the superintendent, or superintendent's desig-
    18  nee, as the district chief emergency officer responsible for  coordinat-
    19  ing  communication  between  school  staff and law enforcement and first
    20  responders, and ensuring staff understanding of the district-level safe-
    21  ty plan. The chief emergency  officer  shall  also  be  responsible  for
    22  ensuring  the completion and yearly updating of building-level emergency
    23  response plans; and
    24    m. protocols for responding to a  declared  state  disaster  emergency
    25  involving  a communicable disease that are substantially consistent with
    26  the provisions of section twenty-seven-c of the labor law.
    27    § 4. This act shall take effect on the one hundred twentieth day after
    28  it shall have become a law. Effective immediately, the addition,  amend-
    29  ment and/or repeal of any rule or regulation necessary for the implemen-
    30  tation  of this act on or before its effective date are authorized to be
    31  made and completed on or before such effective date.
Go to top