Bill Text: NY A08910 | 2013-2014 | General Assembly | Introduced
Bill Title: Mandates university and building level educational institution safety plans for possible acts of violence occurring at educational institutions within the state.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-05-12 - enacting clause stricken [A08910 Detail]
Download: New_York-2013-A08910-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
8910
I N A S S E M B L Y
February 28, 2014
___________
Introduced by M. of A. PEOPLES-STOKES -- read once and referred to the
Committee on Higher Education
AN ACT to amend the education law, in relation to mandating university
and building level educational institution safety plans for possible
acts of violence occurring at educational institutions within the
state
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 214-a
2 to read as follows:
3 S 214-A. UNIVERSITY AND EDUCATIONAL INSTITUTION SAFETY PLANS. 1. THE
4 BOARD OF REGENTS, ALONG WITH THE CHANCELLOR AND THE PRESIDENT OR PRINCI-
5 PAL OF EVERY EDUCATIONAL INSTITUTION OF THE STATE UNIVERSITY SHALL ADOPT
6 AND AMEND A COMPREHENSIVE STATE-WIDE UNIVERSITY SAFETY PLAN AND BUILD-
7 ING-LEVEL EDUCATIONAL INSTITUTION SAFETY PLANS REGARDING CRISIS INTER-
8 VENTION, EMERGENCY RESPONSE AND MANAGEMENT. SUCH PLANS SHALL BE DEVEL-
9 OPED BY A STATE-WIDE UNIVERSITY SAFETY TEAM AND A BUILDING-LEVEL
10 EDUCATIONAL INSTITUTION SAFETY TEAM ESTABLISHED PURSUANT TO SUBDIVISION
11 FOUR OF THIS SECTION AND SHALL BE IN A FORM DEVELOPED BY THE REGENTS IN
12 CONSULTATION WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES, THE SUPER-
13 INTENDENT OF THE STATE POLICE AND ANY OTHER APPROPRIATE STATE AGENCIES.
14 2. SUCH COMPREHENSIVE STATE-WIDE UNIVERSITY SAFETY PLAN SHALL BE
15 DEVELOPED BY THE STATE-WIDE UNIVERSITY SAFETY TEAM AND SHALL INCLUDE AT
16 A MINIMUM:
17 A. POLICIES AND PROCEDURES FOR RESPONDING TO IMPLIED OR DIRECT THREATS
18 OF VIOLENCE BY STUDENTS, TEACHERS, OTHER UNIVERSITY PERSONNEL AS WELL AS
19 VISITORS TO THE EDUCATIONAL INSTITUTION;
20 B. POLICIES AND PROCEDURES FOR RESPONDING TO ACTS OF VIOLENCE BY
21 STUDENTS, TEACHERS, OTHER UNIVERSITY PERSONNEL AS WELL AS VISITORS TO
22 THE EDUCATIONAL INSTITUTION, INCLUDING CONSIDERATION OF ZERO-TOLERANCE
23 POLICIES FOR VIOLENCE;
24 C. APPROPRIATE PREVENTION AND INTERVENTION STRATEGIES SUCH AS:
25 (I) COLLABORATIVE ARRANGEMENTS WITH STATE AND LOCAL LAW ENFORCEMENT
26 OFFICIALS, DESIGNED TO ENSURE THAT UNIVERSITY SAFETY OFFICERS AND OTHER
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09880-01-3
A. 8910 2
1 SECURITY PERSONNEL ARE ADEQUATELY TRAINED, INCLUDING BEING TRAINED TO
2 DE-ESCALATE POTENTIALLY VIOLENT SITUATIONS, AND ARE EFFECTIVELY AND
3 FAIRLY RECRUITED;
4 (II) NON-VIOLENT CONFLICT RESOLUTION TRAINING PROGRAMS; AND
5 (III) PEER MEDIATION PROGRAMS;
6 D. POLICIES AND PROCEDURES FOR CONTACTING APPROPRIATE LAW ENFORCEMENT
7 OFFICIALS IN THE EVENT OF A VIOLENT INCIDENT;
8 E. POLICIES AND PROCEDURES FOR CONTACTING PERSONS DESIGNATED AS EMER-
9 GENCY CONTACTS TO THE STUDENTS OF THE EDUCATIONAL INSTITUTION IN THE
10 EVENT OF A VIOLENT INCIDENT;
11 F. POLICIES AND PROCEDURES RELATING TO UNIVERSITY BUILDING SECURITY,
12 INCLUDING WHERE APPROPRIATE THE USE OF UNIVERSITY SAFETY OFFICERS AND/OR
13 SECURITY DEVICES OR PROCEDURES;
14 G. POLICIES AND PROCEDURES FOR THE DISSEMINATION OF INFORMATIVE MATE-
15 RIALS REGARDING THE EARLY DETECTION OF POTENTIALLY VIOLENT BEHAVIORS TO
16 TEACHERS, ADMINISTRATORS, UNIVERSITY PERSONNEL, STUDENTS AND OTHER
17 PERSONS DEEMED APPROPRIATE TO RECEIVE SUCH INFORMATION;
18 H. POLICIES AND PROCEDURES FOR ANNUAL SAFETY TRAINING FOR STAFF AND
19 STUDENTS;
20 I. PROTOCOLS FOR RESPONDING TO BOMB THREATS, HOSTAGE-TAKINGS, INTRU-
21 SIONS AND KIDNAPPINGS;
22 J. STRATEGIES FOR IMPROVING COMMUNICATION AMONG STUDENTS AND BETWEEN
23 STUDENTS AND STAFF AND REPORTING OF POTENTIALLY VIOLENT INCIDENTS AND
24 ESTABLISHING ANONYMOUS REPORTING MECHANISMS FOR VIOLENCE; AND
25 K. A DESCRIPTION OF THE DUTIES OF UNIVERSITY SAFETY PERSONNEL, THE
26 TRAINING REQUIRED OF ALL PERSONNEL ACTING IN A UNIVERSITY SECURITY
27 CAPACITY, AND THE HIRING AND SCREENING PROCESS FOR ALL PERSONNEL ACTING
28 IN A UNIVERSITY SECURITY CAPACITY.
29 3. A BUILDING-LEVEL EDUCATIONAL INSTITUTION'S SAFETY PLAN, DEVELOPED
30 BY THE BUILDING-LEVEL EDUCATIONAL INSTITUTION'S SAFETY TEAM DEFINED IN
31 SUBDIVISION FOUR OF THIS SECTION, SHALL INCLUDE THE FOLLOWING ELEMENTS:
32 A. POLICIES AND PROCEDURES FOR THE SAFE EVACUATION OF STUDENTS, TEACH-
33 ERS, OTHER UNIVERSITY PERSONNEL AS WELL AS VISITORS TO THE EDUCATIONAL
34 INSTITUTION IN THE EVENT OF A SERIOUS VIOLENT INCIDENT OR OTHER EMERGEN-
35 CY, WHICH SHALL INCLUDE EVACUATION ROUTES AND SHELTER SITES AND PROCE-
36 DURES FOR ADDRESSING MEDICAL NEEDS, TRANSPORTATION AND EMERGENCY NOTIFI-
37 CATION TO PERSONS DESIGNATED AS AN EMERGENCY CONTACT FOR A STUDENT. FOR
38 PURPOSES OF THIS SUBDIVISION, "SERIOUS VIOLENT INCIDENT" MEANS AN INCI-
39 DENT OF VIOLENT CRIMINAL CONDUCT THAT IS, OR APPEARS TO BE, LIFE THREAT-
40 ENING AND WARRANTS THE EVACUATION OF STUDENTS AND/OR STAFF, AS DEFINED
41 IN REGULATIONS OF THE COMMISSIONER DEVELOPED IN CONJUNCTION WITH THE
42 DIVISION OF CRIMINAL JUSTICE SERVICES;
43 B. DESIGNATION OF AN EMERGENCY RESPONSE TEAM COMPRISED OF THE EDUCA-
44 TIONAL INSTITUTION'S PERSONNEL, LOCAL LAW ENFORCEMENT OFFICIALS, AND
45 REPRESENTATIVES FROM LOCAL REGIONAL AND/OR STATE EMERGENCY RESPONSE
46 AGENCIES, OTHER APPROPRIATE INCIDENT RESPONSE TEAMS, AND A POST-INCIDENT
47 RESPONSE TEAM THAT INCLUDES APPROPRIATE UNIVERSITY PERSONNEL, MEDICAL
48 PERSONNEL, MENTAL HEALTH COUNSELORS AND OTHERS WHO CAN ASSIST THE EDUCA-
49 TIONAL INSTITUTION'S COMMUNITY IN COPING WITH THE AFTERMATH OF A VIOLENT
50 INCIDENT;
51 C. PROCEDURES FOR ASSURING THAT CRISIS RESPONSE AND LAW ENFORCEMENT
52 OFFICIALS HAVE ACCESS TO FLOOR PLANS, BLUEPRINTS, SCHEMATICS OR OTHER
53 MAPS OF THE EDUCATIONAL INSTITUTION'S INTERIOR, GROUNDS AND ROAD MAPS OF
54 THE IMMEDIATE SURROUNDING AREA;
A. 8910 3
1 D. ESTABLISHMENT OF INTERNAL AND EXTERNAL COMMUNICATION SYSTEMS IN
2 EMERGENCIES INCLUDING BUT NOT LIMITED TO PUBLIC ADDRESS SYSTEMS FOR
3 CLASSROOMS AND DORMS;
4 E. DEFINITION OF THE CHAIN OF COMMAND IN A MANNER CONSISTENT WITH THE
5 NATIONAL INTERAGENCY INCIDENT MANAGEMENT SYSTEM/INCIDENT COMMAND SYSTEM;
6 F. COORDINATION OF THE EDUCATIONAL INSTITUTION'S SAFETY PLAN WITH THE
7 STATE-WIDE PLAN FOR DISASTER MENTAL HEALTH SERVICES TO ASSURE THAT THE
8 EDUCATIONAL INSTITUTION HAS ACCESS TO FEDERAL, STATE AND LOCAL MENTAL
9 HEALTH RESOURCES IN THE EVENT OF A VIOLENT INCIDENT;
10 G. PROCEDURES FOR REVIEW AND THE CONDUCT OF DRILLS AND OTHER EXERCISES
11 TO TEST COMPONENTS OF THE EMERGENCY RESPONSE PLAN; AND
12 H. POLICIES AND PROCEDURES FOR SECURING AND RESTRICTING ACCESS TO THE
13 CRIME SCENE IN ORDER TO PRESERVE EVIDENCE IN CASES OF VIOLENT CRIMES ON
14 UNIVERSITY PROPERTY.
15 4. THE STATE-WIDE UNIVERSITY SAFETY TEAM SHALL BE APPOINTED BY THE
16 BOARD OF REGENTS AND SHALL INCLUDE BUT NOT BE LIMITED TO TRUSTEES,
17 STUDENT, TEACHER AND ADMINISTRATOR ORGANIZATIONS, UNIVERSITY SAFETY
18 PERSONNEL, AND OTHER UNIVERSITY PERSONNEL. EACH BUILDING-LEVEL SAFETY
19 TEAM SHALL BE APPOINTED BY THE EDUCATIONAL INSTITUTION'S PRESIDENT OR
20 PRINCIPAL, IN ACCORDANCE WITH REGULATIONS OR GUIDELINES PRESCRIBED BY
21 THE BOARD OF REGENTS AND THE CHANCELLOR. SUCH BUILDING-LEVEL TEAMS
22 SHALL INCLUDE BUT NOT BE LIMITED TO REPRESENTATIVES OF TEACHER AND
23 ADMINISTRATOR ORGANIZATIONS, UNIVERSITY SAFETY PERSONNEL AND OTHER
24 UNIVERSITY PERSONNEL, COMMUNITY MEMBERS, LOCAL LAW ENFORCEMENT OFFI-
25 CIALS, LOCAL AMBULANCE OR OTHER EMERGENCY RESPONSE AGENCIES, AND ANY
26 OTHER REPRESENTATIVES THE BOARD OF REGENTS AND THE CHANCELLOR DEEM
27 APPROPRIATE.
28 5. EACH SAFETY PLAN SHALL BE REVIEWED BY THE APPROPRIATE EDUCATIONAL
29 INSTITUTION'S SAFETY TEAM ON AT LEAST AN ANNUAL BASIS, AND UPDATED AS
30 NEEDED.
31 6. THE BOARD OF REGENTS AND THE CHANCELLOR SHALL MAKE THE STATE-WIDE
32 UNIVERSITY AND EACH BUILDING-LEVEL EDUCATIONAL INSTITUTION'S SAFETY PLAN
33 AVAILABLE FOR PUBLIC COMMENT AT LEAST THIRTY DAYS PRIOR TO ITS ADOPTION,
34 PROVIDED THAT ONLY A SUMMARY OF EACH BUILDING-LEVEL EMERGENCY RESPONSE
35 PLAN SHALL BE MADE AVAILABLE FOR PUBLIC COMMENT. SUCH STATE-WIDE UNIVER-
36 SITY PLAN AND BUILDING-LEVEL PLANS MAY BE ADOPTED BY THE BOARD OF
37 REGENTS ONLY AFTER AT LEAST ONE PUBLIC HEARING THAT PROVIDES FOR THE
38 PARTICIPATION OF THE EDUCATIONAL INSTITUTION'S PERSONNEL, STUDENTS AND
39 ANY OTHER INTERESTED PARTIES. THE BOARD OF REGENTS SHALL FILE A COPY OF
40 ITS STATE-WIDE COMPREHENSIVE SAFETY PLAN WITH THE COMMISSIONER AND ALL
41 AMENDMENTS TO SUCH PLAN SHALL BE FILED WITH THE COMMISSIONER NO LATER
42 THAN THIRTY DAYS AFTER THEIR ADOPTION. A COPY OF EACH BUILDING-LEVEL
43 SAFETY PLAN AND ANY AMENDMENTS THERETO, SHALL BE FILED WITH THE APPRO-
44 PRIATE LOCAL LAW ENFORCEMENT AGENCY AND WITH THE STATE POLICE WITHIN
45 THIRTY DAYS OF ITS ADOPTION. BUILDING-LEVEL EMERGENCY RESPONSE PLANS
46 SHALL BE CONFIDENTIAL AND SHALL NOT BE SUBJECT TO DISCLOSURE UNDER ARTI-
47 CLE SIX OF THE PUBLIC OFFICERS LAW OR ANY OTHER PROVISION OF LAW. IF THE
48 BOARD OF REGENTS, CHANCELLOR OR OTHER GOVERNING BODY FAILS TO FILE SUCH
49 PLAN AS REQUIRED BY THIS SECTION, THE COMMISSIONER MAY, IN AN AMOUNT
50 DETERMINED BY THE COMMISSIONER, WITHHOLD PUBLIC MONEY FROM THE UNIVERSI-
51 TY OR EDUCATIONAL INSTITUTION UNTIL THEY ARE IN COMPLIANCE.
52 7. THE COMMISSIONER MAY GRANT A WAIVER OF THE REQUIREMENTS OF THIS
53 SECTION TO ANY EDUCATIONAL INSTITUTION FOR A PERIOD OF UP TO TWO YEARS
54 FROM THE DATE OF ENACTMENT UPON A FINDING BY THE COMMISSIONER THAT SUCH
55 EDUCATIONAL INSTITUTION HAD ADOPTED A COMPREHENSIVE EDUCATIONAL INSTITU-
A. 8910 4
1 TION SAFETY PLAN ON THE EFFECTIVE DATE OF THIS SECTION WHICH IS IN
2 SUBSTANTIAL COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION.
3 8. FOR PURPOSES OF THIS SECTION, EDUCATIONAL INSTITUTIONS SHALL
4 INCLUDE ALL SECONDARY AND HIGHER INSTITUTIONS OF THE UNIVERSITY WHICH
5 ARE NOW OR MAY BE INCORPORATED IN THIS STATE AND ALL OTHER HIGHER EDUCA-
6 TIONAL INSTITUTIONS THAT RECEIVE FUNDS FROM THE STATE.
7 9. THE COMMISSIONER SHALL ANNUALLY REPORT TO THE GOVERNOR AND THE
8 LEGISLATURE ON THE IMPLEMENTATION AND COMPLIANCE WITH THE PROVISIONS OF
9 THIS SECTION.
10 S 2. This act shall take effect September 1, 2014; provided that the
11 university and the educational institutions shall be in full compliance
12 with the provisions of this act by March 1, 2015. Effective immediately,
13 the addition, amendment and/or repeal of any rule or regulation neces-
14 sary for implementation of this act on its effective date are authorized
15 and directed to be made and completed on or before such effective date.
