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A04484 Summary:

BILL NOA04484
 
SAME ASNo Same As
 
SPONSORHyndman
 
COSPNSRDickens
 
MLTSPNSRSayegh
 
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:

BILL NOA04484
 
02/04/2019referred to education
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A04484 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4484
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 4, 2019
                                       ___________
 
        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-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,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06264-01-9

        A. 4484                             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, epi pen 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. 4484                             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. 4484                             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, is amended to
    35  read as follows:
    36    2. Such comprehensive district-wide safety plan shall be developed  by
    37  the district-wide school safety team and shall include at a minimum:
    38    a. evidence-based policies and procedures for responding to implied or
    39  direct threats of violence by students, teachers, other school personnel
    40  as well as visitors to the school, including threats by students against
    41  themselves,  which  for  the  purposes  of  this  section  shall include
    42  suicide;
    43    b. evidence-based policies and procedures for responding  to  acts  of
    44  violence  by students, teachers, other school personnel as well as visi-
    45  tors to the school, including consideration of  zero-tolerance  policies
    46  for school violence;
    47    c.  evidence-based  appropriate prevention and intervention strategies
    48  such as:
    49    (i) collaborative arrangements with state and  local  law  enforcement
    50  officials,  designed  to  ensure  that  school safety officers and other
    51  security personnel are adequately trained, including  being  trained  to
    52  de-escalate  potentially  violent  situations,  and  are effectively and
    53  fairly recruited;
    54    (ii) non-violent conflict resolution training programs;
    55    (iii) peer mediation programs and youth courts; and
    56    (iv) extended day and other school safety programs;

        A. 4484                             5
 
     1    d. policies and procedures for contacting appropriate law  enforcement
     2  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, persons in parental relation to students of  the
    19  district,  students and other persons deemed appropriate to receive such
    20  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;

        A. 4484                             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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