Requires the dissemination of written materials regarding child access prevention and the safe storage of firearms to students and/or persons in a parental relationship to such students at the beginning of each semester or quarter of the regular school year beginning on and after July 1, 2024.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7517A
SPONSOR: Benedetto TITLE OF BILL:
An act to amend the education law, in relation to requiring the dissem-
ination of materials regarding child access prevention and the safe
storage of firearms
PURPOSE OR GENERAL IDEA OF BILL:
To require the state education department to develop model content
related to child access prevention and safe storage of firearms laws,
and require school districts to establish policies and procedures to
provide notice of these laws to parents and parental guardians of
students.
SUMMARY OF PROVISIONS:
Section 1 amends the education law to add a new section 808-a, entitled
"Firearms; child access prevention and safe storage," which creates six
new subdivisions.
First, it sets out definitions to be used in this section, including
"school district," "school," "private school," "notice," and "school
year." Notice is model content outlined in subdivision two, produced.in
a concise, publishable format, such as a brochure, flyer, handbill,
leaflet, letter, or pamphlet.
Second, it requires the education department to develop, on or before
July 1, 2024, model content for notice of New York's child access
prevention laws and laws relating to the safe storage of firearms, which
shall include, but is not limited to Penal Law § 265.45 and § 265.50.
The model content shall be produced in the English language and in
common non-English languages spoken in the state. The model content
shall also designate a section for county- and local-specific laws
submitted to it by each county. It then requires the department to
update, as necessary, the model content by July 1, 2025, and by every
subsequent July 1 going forward. Lastly, it requires the department to
publish and update the model content on its website.
Third, it requires each county, on or before May 1, 2024, to submit to
the department all county- and local-specific laws and regulations
related to child access prevention and the safe storage of firearms. It
then requires, as necessary, each county to submit any updated laws to
the department by May 1, 2025 and each subsequent May 1 going forward.
Fourth, it requires all school districts, beginning on July 1, 2024, to
provide notice, either at the beginning of the first semester or quarter
of the regular school year, of the model content directly to parents,
guardians, or persons in parental relation to each student of the
school; provided, however, that if a child enrolls after the beginning
of the school year, notice shall be provided within one week of such
enrollment. Notice may be provided as a single notice for multiple
students living in the same household.
Fifth, it requires all school districts, beginning on July 1 2024, to
maintain the model content through their website or affiliated social
media presences. Sixth, it makes clear that local schools, school
districts, and the education department are immune from civil liability
for any, damages allegedly caused by, arising out of, or relating to
notice if the entity provided notice using the model language provided
to it provided by the department.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Section 1. The education law is amended by adding a new section 808-a 2
to read as follows:
3 § 808-a. Firearms; child access prevention and safe storage. 1. For
4 the purposes of this section the following terms shall have the
follow-
5 ing meanings:
6 a. "school district" shall mean any city school district, common
7 school district, union free school district, central school district
or
8 central high school district;
9 b. "school" shall mean any public school district, charter school,
10 private school, parochial school, or board of cooperative educational
11 services;
12 c. "private school" shall mean a person, firm, association, partner-
13 ship, or corporation offering or conducting private school instruc-
tion
14 in the state;
15 d. "notice" shall mean written information of the model content
16 outlined in subdivision two of this section, produced in a concise,
17 publishable format, such as a brochure, flyer, handbill, leaflet,
18 letter, or pamphlet, that is intended to be provided directly to
19 parents, guardians, or persons in parental relation to a student of
the
20 school, delivered to a receptacle designated for a student, mailed to
a
21 student's last known address, emailed to a person in parental
relation
22 to a student of the school, or delivered by any other reasonable
methods
23 authorized by the commissioner; and
24 e. "school year" shall mean the period commencing on the first day of
25 regular instruction and shall end on the last day of instruction.
26 2. a. On or before July first, two thousand twenty-four, the depart-
27 ment shall develop model content for notice, produced in the English
28 language and in common non-English languages spoken in the state,
which
29 shall include, at a minimum, information outlining New York's child
30 access prevention laws and laws relating to the safe storage of
31 firearms, including, but not limited to, sections 265.45 and 265.50
of
32 the penal law. The model content shall also include relevant state-
wide
33 resources and information related to child access prevention, the
safe
34 storage of firearms, and firearm violence prevention.
08/02/23 2 11045-05-3
1 b.Such model content shall designate a section for county- and
2 local-specific laws and regulations submitted to it by each county as
3 outlined in subdivision three of this section. The department shall
4 tailor the model content for each county by including in the desig-
nated safe
5 section for county- and local-specific laws and regulations the coun-
ty-
6 and local-specific laws submitted to it by each county.
7 c. On or before July first, two thousand twenty-five, and each July
8 first thereafter, the department shall update, as necessary, the model
9 content developed pursuant to paragraphs a and b of this subdivision.
10 d. The department shall publish the model content developed and
11 updated pursuant to paragraphs a, b, and c of this subdivision on its
12 website.
13 3. a. On or before May first, two thousand twenty-four, every county
14 shall submit to the department all information of county- and local-
spe-
15 cific laws and regulations related to child access prevention and the
16 safe storage of firearms.
17 b. On or before May first, two thousand twenty-five, and each May
18 first thereafter, every county shall submit to the department any
19 updated information, insofar as it exists, of county- and local-spe-
cific
20 laws related to child access prevention and the safe storage of
21 firearms.
22 4. Beginning on July first, two thousand twenty-four, all school
23 districts shall provide notice, at the beginning of the first semes-
ter
24 or quarter of the regular school year, of the model content outlined
in
25 paragraphs a and b of subdivision two of this section; provided,
howev-
26 er, that if a child enrolls after the beginning of the school year,
27 notice of the model content shall be provided within one week of such
28 enrollment. Notice of the model content may be provided as a single
29 notice for multiple students living in the same household.
30 5. Beginning on July first, two thousand twenty-four, all school
31 districts shall maintain, through their website or affiliated social
32 media presences, the model content outlined in paragraphs a and b of
33 subdivision two of this section. The model content shall be updated,
as
34 necessary, pursuant to paragraph c of subdivision two of this
section.
35 6. Local schools, school districts, and the department are immune
from
36 civil liability for any damages allegedly caused by, arising out of,
or
37 relating to notice if the entity provided notice using the model
content
38 provided to it by the department.
JUSTIFICATION:
While New York has made important strides in passing gun-safety laws
related to the safe storage of firearms and child access prevention,
public awareness of the details of these laws remains comparatively low.
Increasing public awareness of gun-safety laws is especially relevant
for parents and parental guardians of students in school districts
across the state. Having up-to-date information can create safer commu-
nities and keep parents and parental guardians informed of gun-safety
laws pertinent to their daily lives. 1
This legislation works to standardize and make accessible laws and
information related to safe storage of firearms and child access
prevention for parents and parental guardians by requiring the state
education department to develop and update model, content outlining
current gun-safety laws. The model content shall also include any county
and/or local laws related to child access prevention and the safe stor-
age of firearms submitted to the department from each county.
Starting on July 1, 2024, every school district shall disseminate notice
of the model content to every parent or parental guardian of the
students of the school at the beginning of the first semester or quarter
of the regular school year. Every school district shall also maintain
the model content on their website and/or affiliated social media pres-
ences.
Local schools, school districts, and the education department are immune
from civil liability for any damages allegedly caused by, arising out
of, or relating to notice if the entity provides notice using the model
content provided by the department.
The purpose of this legislation is to ensure that all parents, guardi-
ans, and persons in parental relation to students are kept up-to-date
with written and online information of current child access prevention
laws and laws related to the safe storage of firearms. By requiring the
education department to prepare such model content, and requiring all
school districts to disseminate such model content, parents and parental
guardians of students across the state of
PRIOR LEGISLATIVE HISTORY:
New Bill Amended
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined
EFFECTIVE DATE:
This act shall take effect immediately. 1 As one scholar explains,
public legal education "provides people with awareness, knowledge and
understanding of rights and legal issues, together with the confidence
and skills they need to deal with disputes and gain access to justice
... and recognize when they may need support ... and how to go about
getting it. see Richard Grimes, PUBLIC LEGAL EDUCATION - THE ROLE OF LAW
SCHOOLS IN BUILDING A MORE LEGALLY LITERATE SOCIETY (2021).
STATE OF NEW YORK
________________________________________________________________________
7517--A
2023-2024 Regular Sessions
IN ASSEMBLY
May 25, 2023
___________
Introduced by M. of A. BENEDETTO -- read once and referred to the
Committee on 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 the dissem-
ination of materials regarding child access prevention and the safe
storage of firearms
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 808-a
2 to read as follows:
3 § 808-a. Firearms; child access prevention and safe storage. 1. For
4 the purposes of this section the following terms shall have the follow-
5 ing meanings:
6 a. "school district" shall mean any city school district, common
7 school district, union free school district, central school district or
8 central high school district;
9 b. "school" shall mean any public school district, charter school,
10 private school, parochial school, or board of cooperative educational
11 services;
12 c. "private school" shall mean a person, firm, association, partner-
13 ship, or corporation offering or conducting private school instruction
14 in the state;
15 d. "notice" shall mean written information of the model content
16 outlined in subdivision two of this section, produced in a concise,
17 publishable format, such as a brochure, flyer, handbill, leaflet,
18 letter, or pamphlet, that is intended to be provided directly to
19 parents, guardians, or persons in parental relation to a student of the
20 school, delivered to a receptacle designated for a student, mailed to a
21 student's last known address, emailed to a person in parental relation
22 to a student of the school, or delivered by any other reasonable methods
23 authorized by the commissioner; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11045-05-3
A. 7517--A 2
1 e. "school year" shall mean the period commencing on the first day of
2 regular instruction and shall end on the last day of instruction.
3 2. a. On or before July first, two thousand twenty-four, the depart-
4 ment shall develop model content for notice, produced in the English
5 language and in common non-English languages spoken in the state, which
6 shall include, at a minimum, information outlining New York's child
7 access prevention laws and laws relating to the safe storage of
8 firearms, including, but not limited to, sections 265.45 and 265.50 of
9 the penal law. The model content shall also include relevant statewide
10 resources and information related to child access prevention, the safe
11 storage of firearms, and firearm violence prevention.
12 b. Such model content shall designate a section for county- and
13 local-specific laws and regulations submitted to it by each county as
14 outlined in subdivision three of this section. The department shall
15 tailor the model content for each county by including in the designated
16 section for county- and local-specific laws and regulations the county-
17 and local-specific laws submitted to it by each county.
18 c. On or before July first, two thousand twenty-five, and each July
19 first thereafter, the department shall update, as necessary, the model
20 content developed pursuant to paragraphs a and b of this subdivision.
21 d. The department shall publish the model content developed and
22 updated pursuant to paragraphs a, b, and c of this subdivision on its
23 website.
24 3. a. On or before May first, two thousand twenty-four, every county
25 shall submit to the department all information of county- and local-spe-
26 cific laws and regulations related to child access prevention and the
27 safe storage of firearms.
28 b. On or before May first, two thousand twenty-five, and each May
29 first thereafter, every county shall submit to the department any
30 updated information, insofar as it exists, of county- and local-specific
31 laws related to child access prevention and the safe storage of
32 firearms.
33 4. Beginning on July first, two thousand twenty-four, all school
34 districts shall provide notice, at the beginning of the first semester
35 or quarter of the regular school year, of the model content outlined in
36 paragraphs a and b of subdivision two of this section; provided, howev-
37 er, that if a child enrolls after the beginning of the school year,
38 notice of the model content shall be provided within one week of such
39 enrollment. Notice of the model content may be provided as a single
40 notice for multiple students living in the same household.
41 5. Beginning on July first, two thousand twenty-four, all school
42 districts shall maintain, through their website or affiliated social
43 media presences, the model content outlined in paragraphs a and b of
44 subdivision two of this section. The model content shall be updated, as
45 necessary, pursuant to paragraph c of subdivision two of this section.
46 6. Local schools, school districts, and the department are immune from
47 civil liability for any damages allegedly caused by, arising out of, or
48 relating to notice if the entity provided notice using the model content
49 provided to it by the department.
50 § 2. This act shall take effect immediately.
