S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1933
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 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:
 
   Section 1. The education law is amended by adding a new section  214-a
 to read as follows:
   §  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
 THE  EDUCATIONAL  INSTITUTION, INCLUDING CONSIDERATION OF ZERO-TOLERANCE
 POLICIES FOR VIOLENCE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05543-01-7

 A. 1933                             2
 
   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;
   C.  PROCEDURES  FOR  ASSURING THAT CRISIS RESPONSE AND LAW ENFORCEMENT
 OFFICIALS HAVE ACCESS TO FLOOR PLANS, BLUEPRINTS,  SCHEMATICS  OR  OTHER

 A. 1933                             3
 
 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.
   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

 A. 1933                             4
 
 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.
   §  2.  This act shall take effect September 1, 2017; provided that the
 university and the educational institutions shall be in full  compliance
 with the provisions of this act by March 1, 2018. 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.