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. LBD13618-07-4S. 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.