Bill Text: NY S09173 | 2023-2024 | General Assembly | Introduced


Bill Title: Requires each college and institution of higher education to make publicly available its policy on notifying the parent, guardian, or emergency contact of a student under twenty-one of certain controlled substance and alcohol violations, including rule infractions, and controlled substance or alcohol related hospitalizations or overdoses; requires such colleges and institutions to conduct regular training on the Family Educational Rights and Privacy Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-02 - REFERRED TO HIGHER EDUCATION [S09173 Detail]

Download: New_York-2023-S09173-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          9173

                    IN SENATE

                                       May 2, 2024
                                       ___________

        Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
          printed to be committed to the Committee on Higher Education

        AN ACT to amend the education law, in relation to requiring each college
          and  other  institution of higher education to make publicly available
          its policy on notifying the parent, guardian, or emergency contact  of
          a  student  under twenty-one years old of certain controlled substance
          or alcohol violations

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  "Beau's law".
     3    § 2. The education law is amended by adding a new  section  6438-d  to
     4  read as follows:
     5    § 6438-d. Parent, guardian, or emergency contact notification of alco-
     6  hol  or  controlled  substance violations. 1.   Beginning with the first
     7  academic year following  the  effective  date  of  this  section,  every
     8  college  or  other  institution  of higher education pursuant to section
     9  sixty-four hundred thirty of this article shall make publicly accessible
    10  its policy on notification of a parent, guardian, or  emergency  contact
    11  of  a  violation by a student under the age of twenty-one for the use or
    12  possession of alcohol or a controlled substance.   Such  violations  may
    13  include  but  shall  not  be limited to, rule infractions, violations of
    14  federal, state, or local law, or controlled substance or alcohol related
    15  hospitalizations or overdoses.
    16    2. All such colleges and other institutions of higher education  shall
    17  conduct  regular  training  on  the provisions of the Family Educational
    18  Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99)  that
    19  such  colleges  and other institutions of higher education deem relevant
    20  to their policies on the notification of a parent, guardian, or emergen-
    21  cy contact of a violation by a student under the age of  twenty-one  for
    22  the  use  or  possession of alcohol or a controlled substance. Provided,
    23  however, these trainings shall include information on the provisions  of
    24  FERPA  (20  U.S.C.  § 1232g; 34  CFR  Part  99.36) related to health and
    25  safety emergencies and its impact on  such  colleges'  or  institutions'

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13618-07-4

        S. 9173                             2

     1  response to student alcohol or controlled substance related hospitaliza-
     2  tions  or  overdoses.    These  trainings  shall  be  conducted for such
     3  colleges' and institutions' administration and staff  with  responsibil-
     4  ities  related to FERPA compliance, student rule infractions and student
     5  discipline, controlled substance or alcohol disciplinary violations, and
     6  response to student controlled substance or alcohol related hospitaliza-
     7  tions or overdoses. Such colleges and institutions may set  the  parame-
     8  ters for such trainings and time intervals of such trainings.
     9    § 3. This act shall take effect immediately.
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