Assembly Bill A10046

2023-2024 Legislative Session

Requires each college to make publicly available its policy on notifying the parent, guardian, or emergency contact of a student under twenty-one of certain controlled substance or alcohol violations

download bill text pdf

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Current Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A10046 (ACTIVE) - Details

See Senate Version of this Bill:
S9173
Current Committee:
Assembly Higher Education
Law Section:
Education Law
Laws Affected:
Add §6438-d, Ed L

2023-A10046 (ACTIVE) - Summary

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.

2023-A10046 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10046
 
                           I N  A S S E M B L Y
 
                                May 2, 2024
                                ___________
 
 Introduced  by  M. of A. McMAHON, McDONOUGH -- read once and referred 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:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 "Beau's law".
   §  2.  The  education law is amended by adding a new section 6438-d to
 read as follows:
   § 6438-D. PARENT, GUARDIAN, OR EMERGENCY CONTACT NOTIFICATION OF ALCO-
 HOL OR CONTROLLED SUBSTANCE VIOLATIONS. 1.   BEGINNING  WITH  THE  FIRST
 ACADEMIC  YEAR  FOLLOWING  THE  EFFECTIVE  DATE  OF  THIS SECTION, EVERY
 COLLEGE OR OTHER INSTITUTION OF HIGHER  EDUCATION  PURSUANT  TO  SECTION
 SIXTY-FOUR HUNDRED THIRTY OF THIS ARTICLE SHALL MAKE PUBLICLY ACCESSIBLE
 ITS  POLICY  ON NOTIFICATION OF A PARENT, GUARDIAN, OR EMERGENCY CONTACT
 OF A VIOLATION BY A STUDENT UNDER THE AGE OF TWENTY-ONE FOR THE  USE  OR
 POSSESSION  OF  ALCOHOL  OR A CONTROLLED SUBSTANCE.  SUCH VIOLATIONS MAY
 INCLUDE BUT SHALL NOT BE LIMITED TO,  RULE  INFRACTIONS,  VIOLATIONS  OF
 FEDERAL, STATE, OR LOCAL LAW, OR CONTROLLED SUBSTANCE OR ALCOHOL RELATED
 HOSPITALIZATIONS OR OVERDOSES.
   2.  ALL SUCH COLLEGES AND OTHER INSTITUTIONS OF HIGHER EDUCATION SHALL
 CONDUCT REGULAR TRAINING ON THE PROVISIONS  OF  THE  FAMILY  EDUCATIONAL
 RIGHTS  AND PRIVACY ACT (FERPA) (20 U.S.C. § 1232G; 34 CFR PART 99) THAT
 SUCH COLLEGES AND OTHER INSTITUTIONS OF HIGHER EDUCATION  DEEM  RELEVANT
 TO THEIR POLICIES ON THE NOTIFICATION OF A PARENT, GUARDIAN, OR EMERGEN-
 CY  CONTACT  OF A VIOLATION BY A STUDENT UNDER THE AGE OF TWENTY-ONE FOR
 THE USE OR POSSESSION OF ALCOHOL OR A  CONTROLLED  SUBSTANCE.  PROVIDED,
 HOWEVER,  THESE TRAININGS SHALL INCLUDE INFORMATION ON THE PROVISIONS OF
 FERPA (20 U.S.C. § 1232G; 34  CFR  PART   99.36) RELATED TO  HEALTH  AND
 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.

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