S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3772

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2011
                               ___________

Introduced  by  M.  of  A.  GABRYSZAK, LANCMAN, SPANO, SCHIMEL, MILLMAN,
  GALEF -- Multi-Sponsored by -- M. of A. BARRON, CAHILL, MAISEL, MAYER-
  SOHN, McDONOUGH, PHEFFER, SCARBOROUGH, WEISENBERG  --  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:

  Section  1. The education law is amended by adding a new section 214-a
to read as follows:
  S 214-A. UNIVERSITY AND EDUCATIONAL INSTITUTION SAFETY PLANS.  1.  THE
BOARD OF REGENTS, ALONG WITH THE CHANCELLOR AND THE PRESIDENT OR PRINCI-
PAL OF EVERY EDUCATIONAL INSTITUTION OF THE STATE UNIVERSITY SHALL ADOPT
AND  AMEND  A COMPREHENSIVE STATE-WIDE UNIVERSITY SAFETY PLAN AND BUILD-
ING-LEVEL EDUCATIONAL INSTITUTION SAFETY PLANS REGARDING  CRISIS  INTER-
VENTION,  EMERGENCY RESPONSE AND MANAGEMENT.  SUCH PLANS SHALL BE DEVEL-
OPED BY  A  STATE-WIDE  UNIVERSITY  SAFETY  TEAM  AND  A  BUILDING-LEVEL
EDUCATIONAL  INSTITUTION SAFETY TEAM ESTABLISHED PURSUANT TO SUBDIVISION
FOUR OF THIS SECTION AND SHALL BE IN A FORM DEVELOPED BY THE REGENTS  IN
CONSULTATION  WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES, THE SUPER-
INTENDENT OF THE STATE POLICE AND ANY OTHER APPROPRIATE STATE AGENCIES.
  2. SUCH COMPREHENSIVE  STATE-WIDE  UNIVERSITY  SAFETY  PLAN  SHALL  BE
DEVELOPED  BY THE STATE-WIDE UNIVERSITY SAFETY TEAM AND SHALL INCLUDE AT
A MINIMUM:
  A. POLICIES AND PROCEDURES FOR RESPONDING TO IMPLIED OR DIRECT THREATS
OF VIOLENCE BY STUDENTS, TEACHERS, OTHER UNIVERSITY PERSONNEL AS WELL AS
VISITORS TO THE EDUCATIONAL INSTITUTION;
  B. POLICIES AND PROCEDURES FOR  RESPONDING  TO  ACTS  OF  VIOLENCE  BY
STUDENTS,  TEACHERS,  OTHER  UNIVERSITY PERSONNEL AS WELL AS VISITORS TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07652-01-1
              

A. 3772                             2

THE EDUCATIONAL INSTITUTION, INCLUDING CONSIDERATION  OF  ZERO-TOLERANCE
POLICIES FOR VIOLENCE;
  C. APPROPRIATE PREVENTION AND INTERVENTION STRATEGIES SUCH AS:
  (I)  COLLABORATIVE  ARRANGEMENTS  WITH STATE AND LOCAL LAW ENFORCEMENT
OFFICIALS, DESIGNED TO ENSURE THAT UNIVERSITY SAFETY OFFICERS AND  OTHER
SECURITY  PERSONNEL  ARE  ADEQUATELY TRAINED, INCLUDING BEING TRAINED TO
DE-ESCALATE POTENTIALLY VIOLENT  SITUATIONS,  AND  ARE  EFFECTIVELY  AND
FAIRLY RECRUITED;
  (II) NON-VIOLENT CONFLICT RESOLUTION TRAINING PROGRAMS; AND
  (III) PEER MEDIATION PROGRAMS;
  D.  POLICIES AND PROCEDURES FOR CONTACTING APPROPRIATE LAW ENFORCEMENT
OFFICIALS IN THE EVENT OF A VIOLENT INCIDENT;
  E. POLICIES AND PROCEDURES FOR CONTACTING PERSONS DESIGNATED AS  EMER-
GENCY  CONTACTS  TO  THE  STUDENTS OF THE EDUCATIONAL INSTITUTION IN THE
EVENT OF A VIOLENT INCIDENT;
  F. POLICIES AND PROCEDURES RELATING TO UNIVERSITY  BUILDING  SECURITY,
INCLUDING WHERE APPROPRIATE THE USE OF UNIVERSITY SAFETY OFFICERS AND/OR
SECURITY DEVICES OR PROCEDURES;
  G.  POLICIES AND PROCEDURES FOR THE DISSEMINATION OF INFORMATIVE MATE-
RIALS REGARDING THE EARLY DETECTION OF POTENTIALLY VIOLENT BEHAVIORS  TO
TEACHERS,  ADMINISTRATORS,  UNIVERSITY  PERSONNEL,  STUDENTS  AND  OTHER
PERSONS DEEMED APPROPRIATE TO RECEIVE SUCH INFORMATION;
  H. POLICIES AND PROCEDURES FOR ANNUAL SAFETY TRAINING  FOR  STAFF  AND
STUDENTS;
  I.  PROTOCOLS  FOR RESPONDING TO BOMB THREATS, HOSTAGE-TAKINGS, INTRU-
SIONS AND KIDNAPPINGS;
  J. STRATEGIES FOR IMPROVING COMMUNICATION AMONG STUDENTS  AND  BETWEEN
STUDENTS  AND  STAFF  AND REPORTING OF POTENTIALLY VIOLENT INCIDENTS AND
ESTABLISHING ANONYMOUS REPORTING MECHANISMS FOR VIOLENCE; AND
  K. A DESCRIPTION OF THE DUTIES OF  UNIVERSITY  SAFETY  PERSONNEL,  THE
TRAINING  REQUIRED  OF  ALL  PERSONNEL  ACTING  IN A UNIVERSITY SECURITY
CAPACITY, AND THE HIRING AND SCREENING PROCESS FOR ALL PERSONNEL  ACTING
IN A UNIVERSITY SECURITY CAPACITY.
   3.  A BUILDING-LEVEL EDUCATIONAL INSTITUTION'S SAFETY PLAN, DEVELOPED
BY THE BUILDING-LEVEL EDUCATIONAL INSTITUTION'S SAFETY TEAM  DEFINED  IN
SUBDIVISION FOUR OF THIS SECTION, SHALL INCLUDE THE FOLLOWING ELEMENTS:
  A. POLICIES AND PROCEDURES FOR THE SAFE EVACUATION OF STUDENTS, TEACH-
ERS,  OTHER  UNIVERSITY PERSONNEL AS WELL AS VISITORS TO THE EDUCATIONAL
INSTITUTION IN THE EVENT OF A SERIOUS VIOLENT INCIDENT OR OTHER EMERGEN-
CY, WHICH SHALL INCLUDE EVACUATION ROUTES AND SHELTER SITES  AND  PROCE-
DURES FOR ADDRESSING MEDICAL NEEDS, TRANSPORTATION AND EMERGENCY NOTIFI-
CATION  TO PERSONS DESIGNATED AS AN EMERGENCY CONTACT FOR A STUDENT. FOR
PURPOSES OF THIS SUBDIVISION, "SERIOUS VIOLENT INCIDENT" MEANS AN  INCI-
DENT OF VIOLENT CRIMINAL CONDUCT THAT IS, OR APPEARS TO BE, LIFE THREAT-
ENING  AND  WARRANTS THE EVACUATION OF STUDENTS AND/OR STAFF, AS DEFINED
IN REGULATIONS OF THE COMMISSIONER DEVELOPED  IN  CONJUNCTION  WITH  THE
DIVISION OF CRIMINAL JUSTICE SERVICES;
  B.  DESIGNATION  OF AN EMERGENCY RESPONSE TEAM COMPRISED OF THE EDUCA-
TIONAL INSTITUTION'S PERSONNEL, LOCAL  LAW  ENFORCEMENT  OFFICIALS,  AND
REPRESENTATIVES  FROM  LOCAL  REGIONAL  AND/OR  STATE EMERGENCY RESPONSE
AGENCIES, OTHER APPROPRIATE INCIDENT RESPONSE TEAMS, AND A POST-INCIDENT
RESPONSE TEAM THAT INCLUDES APPROPRIATE  UNIVERSITY  PERSONNEL,  MEDICAL
PERSONNEL, MENTAL HEALTH COUNSELORS AND OTHERS WHO CAN ASSIST THE EDUCA-
TIONAL INSTITUTION'S COMMUNITY IN COPING WITH THE AFTERMATH OF A VIOLENT
INCIDENT;

A. 3772                             3

  C.  PROCEDURES  FOR  ASSURING THAT CRISIS RESPONSE AND LAW ENFORCEMENT
OFFICIALS HAVE ACCESS TO FLOOR PLANS, BLUEPRINTS,  SCHEMATICS  OR  OTHER
MAPS OF THE EDUCATIONAL INSTITUTION'S INTERIOR, GROUNDS AND ROAD MAPS OF
THE IMMEDIATE SURROUNDING AREA;
  D.  ESTABLISHMENT  OF  INTERNAL  AND EXTERNAL COMMUNICATION SYSTEMS IN
EMERGENCIES INCLUDING BUT NOT LIMITED  TO  PUBLIC  ADDRESS  SYSTEMS  FOR
CLASSROOMS AND DORMS;
  E.  DEFINITION OF THE CHAIN OF COMMAND IN A MANNER CONSISTENT WITH THE
NATIONAL INTERAGENCY INCIDENT MANAGEMENT SYSTEM/INCIDENT COMMAND SYSTEM;
  F. COORDINATION OF THE EDUCATIONAL INSTITUTION'S SAFETY PLAN WITH  THE
STATE-WIDE  PLAN  FOR DISASTER MENTAL HEALTH SERVICES TO ASSURE THAT THE
EDUCATIONAL INSTITUTION HAS ACCESS TO FEDERAL, STATE  AND  LOCAL  MENTAL
HEALTH RESOURCES IN THE EVENT OF A VIOLENT INCIDENT;
  G. PROCEDURES FOR REVIEW AND THE CONDUCT OF DRILLS AND OTHER EXERCISES
TO TEST COMPONENTS OF THE EMERGENCY RESPONSE PLAN; AND
  H.  POLICIES AND PROCEDURES FOR SECURING AND RESTRICTING ACCESS TO THE
CRIME SCENE IN ORDER TO PRESERVE EVIDENCE IN CASES OF VIOLENT CRIMES  ON
UNIVERSITY PROPERTY.
  4.  THE  STATE-WIDE  UNIVERSITY  SAFETY TEAM SHALL BE APPOINTED BY THE
BOARD OF REGENTS AND SHALL INCLUDE  BUT  NOT  BE  LIMITED  TO  TRUSTEES,
STUDENT,  TEACHER  AND  ADMINISTRATOR  ORGANIZATIONS,  UNIVERSITY SAFETY
PERSONNEL, AND OTHER UNIVERSITY PERSONNEL.  EACH  BUILDING-LEVEL  SAFETY
TEAM  SHALL  BE  APPOINTED BY THE EDUCATIONAL INSTITUTION'S PRESIDENT OR
PRINCIPAL, IN ACCORDANCE WITH REGULATIONS OR  GUIDELINES  PRESCRIBED  BY
THE  BOARD  OF  REGENTS  AND THE CHANCELLOR.   SUCH BUILDING-LEVEL TEAMS
SHALL INCLUDE BUT NOT BE  LIMITED  TO  REPRESENTATIVES  OF  TEACHER  AND
ADMINISTRATOR  ORGANIZATIONS,  UNIVERSITY  SAFETY  PERSONNEL  AND  OTHER
UNIVERSITY PERSONNEL, COMMUNITY MEMBERS,  LOCAL  LAW  ENFORCEMENT  OFFI-
CIALS,  LOCAL  AMBULANCE  OR  OTHER EMERGENCY RESPONSE AGENCIES, AND ANY
OTHER REPRESENTATIVES THE BOARD  OF  REGENTS  AND  THE  CHANCELLOR  DEEM
APPROPRIATE.
  5.  EACH  SAFETY PLAN SHALL BE REVIEWED BY THE APPROPRIATE EDUCATIONAL
INSTITUTION'S SAFETY TEAM ON AT LEAST AN ANNUAL BASIS,  AND  UPDATED  AS
NEEDED.
  6.  THE  BOARD OF REGENTS AND THE CHANCELLOR SHALL MAKE THE STATE-WIDE
UNIVERSITY AND EACH BUILDING-LEVEL EDUCATIONAL INSTITUTION'S SAFETY PLAN
AVAILABLE FOR PUBLIC COMMENT AT LEAST THIRTY DAYS PRIOR TO ITS ADOPTION,
PROVIDED THAT ONLY A SUMMARY OF EACH BUILDING-LEVEL  EMERGENCY  RESPONSE
PLAN SHALL BE MADE AVAILABLE FOR PUBLIC COMMENT. SUCH STATE-WIDE UNIVER-
SITY  PLAN  AND  BUILDING-LEVEL  PLANS  MAY  BE  ADOPTED BY THE BOARD OF
REGENTS ONLY AFTER AT LEAST ONE PUBLIC HEARING  THAT  PROVIDES  FOR  THE
PARTICIPATION  OF  THE EDUCATIONAL INSTITUTION'S PERSONNEL, STUDENTS AND
ANY OTHER INTERESTED PARTIES.  THE BOARD OF REGENTS SHALL FILE A COPY OF
ITS STATE-WIDE COMPREHENSIVE SAFETY PLAN WITH THE COMMISSIONER  AND  ALL
AMENDMENTS  TO  SUCH  PLAN SHALL BE FILED WITH THE COMMISSIONER NO LATER
THAN THIRTY DAYS AFTER THEIR ADOPTION. A  COPY  OF  EACH  BUILDING-LEVEL
SAFETY  PLAN  AND ANY AMENDMENTS THERETO, SHALL BE FILED WITH THE APPRO-
PRIATE LOCAL LAW ENFORCEMENT AGENCY AND WITH  THE  STATE  POLICE  WITHIN
THIRTY  DAYS  OF ITS ADOPTION.   BUILDING-LEVEL EMERGENCY RESPONSE PLANS
SHALL BE CONFIDENTIAL AND SHALL NOT BE SUBJECT TO DISCLOSURE UNDER ARTI-
CLE SIX OF THE PUBLIC OFFICERS LAW OR ANY OTHER PROVISION OF LAW. IF THE
BOARD OF REGENTS, CHANCELLOR OR OTHER GOVERNING BODY FAILS TO FILE  SUCH
PLAN  AS  REQUIRED  BY  THIS SECTION, THE COMMISSIONER MAY, IN AN AMOUNT
DETERMINED BY THE COMMISSIONER, WITHHOLD PUBLIC MONEY FROM THE UNIVERSI-
TY OR EDUCATIONAL INSTITUTION UNTIL THEY ARE IN COMPLIANCE.

A. 3772                             4

  7. THE COMMISSIONER MAY GRANT A WAIVER OF  THE  REQUIREMENTS  OF  THIS
SECTION  TO  ANY EDUCATIONAL INSTITUTION FOR A PERIOD OF UP TO TWO YEARS
FROM THE DATE OF ENACTMENT UPON A FINDING BY THE COMMISSIONER THAT  SUCH
EDUCATIONAL INSTITUTION HAD ADOPTED A COMPREHENSIVE EDUCATIONAL INSTITU-
TION  SAFETY  PLAN  ON  THE  EFFECTIVE  DATE OF THIS SECTION WHICH IS IN
SUBSTANTIAL COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION.
  8. FOR  PURPOSES  OF  THIS  SECTION,  EDUCATIONAL  INSTITUTIONS  SHALL
INCLUDE  ALL  SECONDARY  AND HIGHER INSTITUTIONS OF THE UNIVERSITY WHICH
ARE NOW OR MAY BE INCORPORATED IN THIS STATE AND ALL OTHER HIGHER EDUCA-
TIONAL INSTITUTIONS THAT RECEIVE FUNDS FROM THE STATE.
  9. THE COMMISSIONER SHALL ANNUALLY REPORT  TO  THE  GOVERNOR  AND  THE
LEGISLATURE  ON THE IMPLEMENTATION AND COMPLIANCE WITH THE PROVISIONS OF
THIS SECTION.
  S 2. This act shall take effect September 1, 2012; provided  that  the
university  and the educational institutions shall be in full compliance
with the provisions of this act by March 1, 2013. Effective immediately,
the addition, amendment and/or repeal of any rule or  regulation  neces-
sary for implementation of this act on its effective date are authorized
and directed to be made and completed on or before such effective date.