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A04484 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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A04484 Actions:

02/04/2019referred to education
01/08/2020referred to education
02/04/2020amend and recommit to education
02/04/2020print number 4484a
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A04484 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 4, 2019
        Introduced  by  M. of A. HYNDMAN, DICKENS -- Multi-Sponsored by -- M. of
          A. SAYEGH -- read once and referred to the Committee on  Education  --
          recommitted  to the Committee on Education in accordance with Assembly
          Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee

        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:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 4484--A                          2
     1    § 923. Public bleeding control. 1. For purposes of this  section,  the
     2  term "public bleeding control equipment" shall mean a first aid response
     3  kit  that  contains  equipment  such  as tourniquets, pressure dressing,
     4  scissors, protective gloves, and gauze bandages meant  to  help  control
     5  and  stop  bleeding  until trained emergency responders arrive, that are
     6  bundled together in individual  kits,  conspicuously  labeled  with  the
     7  words "Bleeding Control".
     8    2.  When  assembling  and selecting public bleeding control equipment,
     9  public school administrators and staff, in consultation with the commis-
    10  sioner of health  and  commissioner  of  education,  shall  utilize  the
    11  following  best practices to enable untrained bystanders to become imme-
    12  diate responders:
    13    a. select products that are easily applied by untrained professionals;
    14    b. ensure components are color and number-coded for  easy  identifica-
    15  tion;
    16    c. products come with a user app that:
    17    (i)   provides  easy  to  follow  product  selection  and  application
    18  instructions;
    19    (ii) records useful activity and information  that  can  inform  first
    20  responders, trauma staff, and incident management recording; and
    21    (iii) provides emergency care guidance for common uses, such as bleed-
    22  ing,  choking,  seizures,  breathing, epipen and asthma inhaler applica-
    23  tion, and narcan;
    24    d. policies and procedures for response to emergency situations,  such
    25  as those requiring evacuation, sheltering, and lock-down. These policies
    26  shall  include,  at  a  minimum,  evacuation  routes, shelter sites, and
    27  procedures for addressing medical needs, transportation,  and  emergency
    28  notification of parents and guardians;
    29    e.  designation  of  an  emergency  response  team comprised of school
    30  personnel, law enforcement officials, fire officials and representatives
    31  from local regional and/or  state  emergency  response  agencies,  other
    32  appropriate  incident  response teams, and a post-incident response team
    33  that includes appropriate school personnel,  medical  personnel,  mental
    34  health  counselors,  and  others  who can assist the school community in
    35  coping with the aftermath of a violent incident;
    36    f. floor plans, blueprints, schematics or other  maps  of  the  school
    37  interior,  school  grounds,  and  road maps of the immediate surrounding
    38  area;
    39    g. establishment of internal and  external  communication  systems  in
    40  emergencies;
    41    h.  definition of the chain of command in a manner consistent with the
    42  national interagency incident management system/incident command system;
    43    i. coordination of the emergency response  plan  with  the  state-wide
    44  plan  for  disaster mental health services to assure that the school has
    45  access to federal, state, and local mental health resources in the event
    46  of a violent incident;
    47    j. procedures for review and the conducting of drills and other  exer-
    48  cises to test components of the emergency response plan; and
    49    k.  policies and procedures for securing and restricting access to the
    50  crime scene in order to preserve evidence in cases of violent crimes  on
    51  school property.
    52    3. When deploying public bleed control equipment, public school admin-
    53  istrators and staff, in consultation with the commissioner of health and
    54  commissioner  of  education,  shall utilize the following best practices
    55  for placement and quantities:

        A. 4484--A                          3
     1    a. mobile units - to be utilized for school  nurses,  school  resource
     2  officers, athletic departments, school buses, physical education depart-
     3  ments, and all after-school and out-of-school activities;
     4    b.  public  access  bleeding  control  station  -  for every automated
     5  external defibrillator, as defined in paragraph (a) of  subdivision  one
     6  of  section  three  thousand-b of the public health law, that shall be a
     7  wall-mounted station containing four individual kits;
     8    c. individual kits in every classroom in case of emergencies or  lock-
     9  downs; and
    10    d.  for purposes of this section, proper placement of equipment should
    11  follow the three-minute rule, which means that  an  individual  must  be
    12  able to retrieve the equipment and begin treatment within three minutes.
    13    4.  Each  district-wide  school  safety team shall be appointed by the
    14  board of education, or the chancellor in the case  of  the  city  school
    15  district  of  the city of New York, and shall include but not be limited
    16  to representatives of the  school  board,  teacher,  administrator,  and
    17  parent  organizations, school safety personnel, and other school person-
    18  nel. At the discretion of the board of education, or the  chancellor  in
    19  the  case  of  the city of New York, a student may be allowed to partic-
    20  ipate on the safety team, provided however, that no portion of a  confi-
    21  dential building-level emergency response plan shall be shared with such
    22  student  nor  shall such student be present where details of a confiden-
    23  tial building-level emergency response plan or confidential portions  of
    24  a  district-wide  emergency response strategy are discussed. Each build-
    25  ing-level emergency response team shall be  appointed  by  the  building
    26  principal,  in  accordance  with regulations or guidelines prescribed by
    27  the board of education, chancellor or other governing body. Such  build-
    28  ing-level  teams  shall include but not be limited to representatives of
    29  teacher, administrator, and parent organizations, school safety  person-
    30  nel and other school personnel, community members, law enforcement offi-
    31  cials,  fire officials or any other emergency response agencies, and any
    32  other representatives the  board  of  education,  chancellor,  or  other
    33  governing body deems appropriate.
    34    5. The district-wide safety plan and building-level emergency response
    35  plans  shall  be reviewed by the  appropriate team on at least an annual
    36  basis and updated as needed.
    37    6. Each board of education, chancellor or other governing  body  shall
    38  make  each  district-wide  safety  plan  available for public comment at
    39  least thirty days prior to its adoption. Such district-wide plans may be
    40  adopted by the school board only after at least one public hearing  that
    41  provides  for  the participation of school personnel, parents, students,
    42  and any other interested parties. Each district shall file a copy of its
    43  district-wide safety plan with the commissioner and  all  amendments  to
    44  such plan shall be filed with the commissioner no later than thirty days
    45  after their adoption.
    46    7.  Each  board  of  education,  chancellor or other governing body or
    47  officer shall ensure a copy of each  building-level  emergency  response
    48  plan  and  any  amendments  thereto, shall be filed with the appropriate
    49  local law enforcement agency and with the  state  police  within  thirty
    50  days  of  its adoption. Building-level emergency response plans shall be
    51  confidential and shall not be subject to disclosure under article six of
    52  the public officers law or any other provision of law. If the  board  of
    53  education,  chancellor  or  other  governing body or chancellor fails to
    54  file such plan as required by this section, the commissioner may, in  an
    55  amount  determined  by  the commissioner, withhold public money from the
    56  district until the district is in compliance.

        A. 4484--A                          4
     1    8. The commissioner shall annually report  to  the  governor  and  the
     2  legislature  on the implementation and compliance with the provisions of
     3  this section.
     4    9. Whenever it shall have been demonstrated to the satisfaction of the
     5  commissioner  that  a  school  district  has  failed  to adopt a code of
     6  conduct which fully satisfies the requirements of  section  twenty-eight
     7  hundred  one  of  this chapter, or a district-wide safety plan or build-
     8  ing-level emergency response plan which satisfies  the  requirements  of
     9  this  section,  or to faithfully and completely implement all three, the
    10  commissioner may, on thirty days notice to the district,  withhold  from
    11  the  district  monies to be paid to such district for the current school
    12  year pursuant to section thirty-six  hundred  nine-a  of  this  chapter,
    13  exclusive  monies to be paid in respect of obligations to the retirement
    14  systems for  school  and  district  staff  and  pursuant  to  collective
    15  bargaining  agreements,  or  the commissioner may direct the district to
    16  expend up to such amount upon the development and  implementation  of  a
    17  code  of  conduct  and a school district safety plan as required by such
    18  sections. Prior to such withholding  or  redirection,  the  commissioner
    19  shall  provide the district an opportunity to present evidence of exten-
    20  uating circumstances; when combined  with  evidence  that  the  district
    21  shall promptly comply within short time frames that shall be established
    22  by the commissioner as part of an agreement between the district and the
    23  commissioner,  the  commissioner may temporarily stay the withholding or
    24  redirection of funds pending the implementation of  such  agreement.  If
    25  the  district  promptly  and fully complies with the agreement and is in
    26  full compliance with this section and section twenty-eight  hundred  one
    27  of  this  chapter,  the  commissioner shall abate the withholding in its
    28  entirety. Any failure to meet the obligations of the  compliance  agree-
    29  ment by the district within the time frames established shall be consid-
    30  ered a willful violation of a commissioner's order by the members of the
    31  district  board for purposes of subdivision one of section three hundred
    32  six of this title.  Notwithstanding any other law, rule  or  regulation,
    33  such transfer shall take effect upon filing of a notice thereof with the
    34  director of the budget and the chairs of the senate finance and assembly
    35  ways and means committees.
    36    §  3. Subdivision 2 of section 2801-a of the education law, as amended
    37  by section 1 of part B of chapter 54 of the laws of 2016, paragraphs  a,
    38  b  and  g  as  amended by chapter 525 of the laws of 2019, is amended to
    39  read as follows:
    40    2. Such comprehensive district-wide safety plan shall be developed  by
    41  the district-wide school safety team and shall include at a minimum:
    42    a. evidence-based policies and procedures for responding to implied or
    43  direct threats of violence by students, teachers, other school personnel
    44  including  bus  drivers and monitors, as well as visitors to the school,
    45  including threats by students against themselves, which for the purposes
    46  of this section shall include suicide;
    47    b. evidence-based policies and procedures for responding  to  acts  of
    48  violence  by  students,  teachers,  other school personnel including bus
    49  drivers and monitors, as well  as  visitors  to  the  school,  including
    50  consideration of zero-tolerance policies for school violence;
    51    c.  evidence-based  appropriate prevention and intervention strategies
    52  such as:
    53    (i) collaborative arrangements with state and  local  law  enforcement
    54  officials,  designed  to  ensure  that  school safety officers and other
    55  security personnel are adequately trained, including  being  trained  to

        A. 4484--A                          5
     1  de-escalate  potentially  violent  situations,  and  are effectively and
     2  fairly recruited;
     3    (ii) non-violent conflict resolution training programs;
     4    (iii) peer mediation programs and youth courts; and
     5    (iv) extended day and other school safety programs;
     6    d.  evidence-based  policies and procedures for contacting appropriate
     7  law enforcement officials in the event of a violent incident;
     8    e. evidence-based policies  and  procedures  for  contacting  parents,
     9  guardians  or  persons  in  parental  relation  to  the  students of the
    10  district in the event of a violent incident and policies and  procedures
    11  for  contacting parents, guardians or persons in parental relation to an
    12  individual student of the district in the event of an implied or  direct
    13  threat  of  violence  by  such  student  against  themselves,  which for
    14  purposes of this section shall include suicide;
    15    f. evidence-based policies and procedures relating to school  building
    16  security,  including where appropriate the use of school safety officers
    17  and/or security devices or procedures, as further  outlined  in  section
    18  four hundred nine-m of this chapter;
    19    g.  evidence-based  policies  and  procedures for the dissemination of
    20  informative materials  regarding  the  early  detection  of  potentially
    21  violent  behaviors,  including  but not limited to the identification of
    22  family, community and environmental factors,  to  teachers,  administra-
    23  tors,  school  personnel  including bus drivers and monitors, persons in
    24  parental relation to  students  of  the  district,  students  and  other
    25  persons deemed appropriate to receive such information;
    26    h.  evidence-based  policies  and  procedures for annual school safety
    27  training for staff and students; provided that the district must certify
    28  to the commissioner that all staff have undergone annual training on the
    29  emergency response plan, and that the  school  safety  training  include
    30  components  on  violence prevention and mental health, such training may
    31  be implemented and conducted in conjunction with  existing  professional
    32  development  and  training;  provided  however  that new employees hired
    33  after the start of the school year shall receive training within  thirty
    34  days  of such hire or as part of a district's existing new hire training
    35  program, whichever is sooner, and shall include;
    36    (i) evidence-based professional development and training programs that
    37  are able to achieve third-party validation, such as curriculum  accredi-
    38  tation from an independent higher education learning institution;
    39    (ii)  instruction  from  professionally  credentialed instructors with
    40  functional and instructional experience, skill level, and credentialing;
    41    (iii) instructional methodology that includes an interactive  delivery
    42  model  inclusive of group discussions, scenario based and tabletop exer-
    43  cise, and follows professional instructional protocol;
    44    (iv) the same training for all school personnel including  administra-
    45  tors, teachers, and staff at all levels, including school resource offi-
    46  cers, to offset their own separate training focused on threat mitigation
    47  neutralization,  and to ensure familiarity, continuity, and consistency;
    48  and
    49    (v) site-specific and customizable training  curriculum  that  can  be
    50  adapted  to  each  school site's specific risk profile and threat level,
    51  and should include participation in order to  familiarize  them  with  a
    52  school's approach;
    53    i.  protocols  for responding to bomb threats, hostage-takings, intru-
    54  sions and kidnappings;
    55    j.  evidence-based  strategies  for  improving   communication   among
    56  students  and  between  students  and staff and reporting of potentially

        A. 4484--A                          6
     1  violent incidents, such as the establishment of youth-run programs, peer
     2  mediation, conflict resolution, creating a forum or designating a mentor
     3  for students concerned with bullying or violence and establishing anony-
     4  mous reporting mechanisms for school violence;
     5    k.  a  description of the duties of hall monitors and any other school
     6  safety personnel, the training required of all  personnel  acting  in  a
     7  school  security  capacity, and the hiring and screening process for all
     8  personnel acting in a school security capacity; and
     9    l. the designation of the superintendent, or  superintendent's  desig-
    10  nee,  as the district chief emergency officer responsible for coordinat-
    11  ing communication between school staff and  law  enforcement  and  first
    12  responders, and ensuring staff understanding of the district-level safe-
    13  ty  plan.  The  chief  emergency  officer  shall also be responsible for
    14  ensuring the completion and yearly updating of building-level  emergency
    15  response plans.
    16    § 4. This act shall take effect on the one hundred twentieth day after
    17  it  shall have become a law. Effective immediately, the addition, amend-
    18  ment and/or repeal of any rule or regulation necessary for the implemen-
    19  tation of this act on or before its effective date are authorized to  be
    20  made and completed on or before such effective date.
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