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: A7517
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:
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 SPECIFIC 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 every school district, on or before July 1, 2024, to
set up policies and procedures for delivering notice of the model
content to parents, guardians, or persons in parental relation to the
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 develop policies for disseminating such model
content, parents and parental guardians of students across the state of
New York will be sufficiently informed of laws that ensure their chil-
dren's safety.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
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
2023-2024 Regular Sessions
IN ASSEMBLY
May 25, 2023
___________
Introduced by M. of A. BENEDETTO -- read once and referred to the
Committee on Education
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.
LBD11045-02-3
A. 7517 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. On or before July first, two thousand twenty-four, every school
34 district shall establish policies and procedures for delivering notice
35 of the model content outlined in paragraphs a and b of subdivision two
36 of this section to parents, guardians, or persons in parental relation
37 to the students of the district.
38 5. Beginning on July first, two thousand twenty-four, all school
39 districts shall provide notice, at the beginning of the first semester
40 or quarter of the regular school year, of the model content outlined in
41 paragraphs a and b of subdivision two of this section; provided, howev-
42 er, that if a child enrolls after the beginning of the school year,
43 notice of the model content shall be provided within one week of such
44 enrollment. Notice of the model content may be provided as a single
45 notice for multiple students living in the same household.
46 6. Beginning on July first, two thousand twenty-four, all school
47 districts shall maintain, through their website or affiliated social
48 media presences, the model content outlined in paragraphs a and b of
49 subdivision two of this section. The model content shall be updated, as
50 necessary, pursuant to paragraph c of subdivision two of this section.
51 7. Local schools, school districts, and the department are immune from
52 civil liability for any damages allegedly caused by, arising out of, or
53 relating to notice if the entity provided notice using the model content
54 provided to it by the department.
55 § 2. This act shall take effect immediately.
