S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7871
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 18, 2017
                                ___________
 
 Introduced  by  M.  of  A.  SKARTADOS  --  read once and referred to the
   Committee on Higher Education
 
 AN ACT to amend the education law, in relation to  requiring  postsecon-
   dary  institutions that participate in study abroad programs to report
   crime and harm that occurs to participating students

   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
 the "Safe Student Study Abroad Act" also known as the "Ravi  Thackurdeen
 Safe Student Study Abroad Act".
   §  2.  The  education  law is amended by adding a new article 130-A to
 read as follows:
                               ARTICLE 130-A
                         SAFE STUDENT STUDY ABROAD
 SECTION 6457. DEFINITIONS.
         6458. GENERAL PROVISIONS.
         6459. REPORTING.
         6460. STUDENT RESOURCES.
         6461. PROGRAM ASSESSMENT.
   § 6457. DEFINITIONS. AS USED IN  THIS  ARTICLE,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "COLLEGE", "UNIVERSITY" AND "POSTSECONDARY" SHALL MEAN ANY INSTITU-
 TION  OF HIGHER EDUCATION, RECOGNIZED AND APPROVED BY THE REGENTS, WHICH
 PROVIDES A COURSE OF STUDY LEADING TO THE GRANTING  OF  A  POSTSECONDARY
 DEGREE OR DIPLOMA.
   2.  "THIRD PARTY ENTITIES" SHALL MEAN ANY FOR PROFIT OR NOT-FOR-PROFIT
 BUSINESS THAT IS NOT A COLLEGE, UNIVERSITY OR POSTSECONDARY  INSTITUTION
 WHICH  PROVIDES  A STUDY ABROAD PROGRAM OR COORDINATES A PROGRAM BETWEEN
 COLLEGE, UNIVERSITY OR POSTSECONDARY INSTITUTION IN  THE  UNITED  STATES
 AND A STUDY ABROAD PROGRAM.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11732-01-7
              

 A. 7871                             2
 
   3. "STUDY ABROAD PROGRAM" SHALL MEAN PROGRAMS WHICH ARE COORDINATED BY
 COLLEGE,  UNIVERSITY OR POSTSECONDARY INSTITUTIONS AND THIRD PARTY ENTI-
 TIES IN THE STATE OF NEW YORK, THAT PROVIDE STUDENTS WITH  THE  OPPORTU-
 NITY  TO  WORK  OR  STUDY,  WHOLLY  OR IN PRINCIPAL PART, OUTSIDE OF THE
 UNITED STATES OF AMERICA.
   4. "STUDY ABROAD ORGANIZATION" SHALL MEAN COLLEGE, UNIVERSITY OR POST-
 SECONDARY  INSTITUTIONS AS WELL AS THIRD PARTY ENTITIES THAT OFFER STUDY
 ABROAD PROGRAMS.
   § 6458. GENERAL PROVISIONS. STUDY ABROAD  ORGANIZATIONS  SHALL  PRIOR-
 ITIZE THE HEALTH, SAFETY, AND SECURITY OF ITS STUDENTS THROUGH POLICIES,
 PROCEDURES, ADVISING, ORIENTATION, AND TRAINING.
   1.  STUDY  ABROAD  ORGANIZATIONS  SHALL PRIORITIZE HEALTH, SAFETY, AND
 SECURITY  IN  PROGRAM  DEVELOPMENT,  IMPLEMENTATION  AND  MANAGEMENT  BY
 CONDUCTING  APPROPRIATE  RISK  ASSESSMENTS  FOR  SUCH  PROGRAM SITES AND
 ACTIVITIES, MAINTAINING WRITTEN EMERGENCY PLANS AND PROTOCOLS, AND IDEN-
 TIFYING AND LEVERAGING RELEVANT AUTHORITIES, NETWORKS AND RESOURCES.
   2. STUDY ABROAD ORGANIZATIONS' STAFF SHALL BE  TRAINED  TO  ANTICIPATE
 AND  RESPOND  RESPONSIBLY  TO STUDENT HEALTH, SAFETY, OR SECURITY ISSUES
 AND STUDENTS SHALL BE PROVIDED TRAINING TO RESPONSIBLY MANAGE THEIR  OWN
 HEALTH,  SAFETY,  AND  SECURITY WHILE ABROAD. STUDY ABROAD ORGANIZATIONS
 SHALL ESTABLISH MEASURES TO MONITOR AND ADVISE STUDENTS ON HEALTH, SAFE-
 TY, AND SECURITY ISSUES THROUGH THE UNITED STATES  DEPARTMENT  OF  STATE
 AND OTHER APPROPRIATE RESOURCES.
   3.  STUDY  ABROAD  ORGANIZATIONS  SHALL MAINTAIN APPROPRIATE INSURANCE
 POLICIES AT RECOMMENDED LEVELS, OPERATE IN COMPLIANCE WITH  LOCAL  LAWS,
 AND FOLLOW BEST PRACTICES IN REPORTING ON CRITICAL INCIDENTS.
   4.  STUDY  ABROAD  ORGANIZATIONS  MAY  ADOPT AND IMPLEMENT POLICIES IN
 ACCORDANCE WITH THE STANDARDS OF GOOD  PRACTICE  FOR  EDUCATION  ABROAD,
 MADE AVAILABLE BY THE FORUM ON EDUCATION ABROAD.
   §  6459.  REPORTING. 1. BEGINNING ONE YEAR AFTER THE EFFECTIVE DATE OF
 THIS ARTICLE, STUDY ABROAD ORGANIZATIONS SHALL MAKE AND FILE  AN  ANNUAL
 REPORT  TO THE DEPARTMENT BY AUGUST FIFTEENTH OF EACH YEAR.  SUCH REPORT
 SHALL BE PREPARED BY ALL REASONABLY AVAILABLE DATA AND SHALL CONSIST  OF
 DATA  FROM  THE  PREVIOUS  TWO  YEARS AND COMPLY WITH THE FEDERAL HEALTH
 INSURANCE  PORTABILITY  AND  ACCOUNTABILITY  ACT  (HIPAA)  OF  1996,  AS
 AMENDED, TITLE IX OF THE EDUCATION AMENDMENTS OF 1972 (20 U.S.C. SECTION
 1681,  ET. SEQ.) AND ALL OTHER APPLICABLE REGULATIONS. DATA REPRESENTING
 INDIVIDUALS SHALL BE IN NUMERICAL FORM OMITTING PERSONAL INFORMATION.
   2. THE REPORT MANDATED BY THIS SECTION SHALL INCLUDE:
   A. FOR THE PREVIOUS ACADEMIC YEAR, INCLUDING SUMMER TERMS, THE  EFFEC-
 TIVENESS  OF  THE STUDY ABROAD PROGRAM AT PROTECTING STUDENTS FROM CRIME
 AND HARM, WHETHER CHANGES TO SUCH PROGRAM ARE NEEDED AND HOW SUCH CHANG-
 ES WILL BE IMPLEMENTED;
   B. FOR THE TEN YEARS PRECEDING THE DATE OF THE REPORT, WHEN SUCH  DATA
 IS REASONABLY ATTAINABLE, THE NUMBER OF:
   I. DEATHS OF PROGRAM PARTICIPANTS INCLUDING MANNER OF DEATH;
   II. ACCIDENTS AND ILLNESSES THAT RESULTED IN HOSPITALIZATION INCLUDING
 THE TYPE OF SUCH ACCIDENT OR ILLNESS;
   III. SEXUAL ASSAULTS AGAINST PROGRAM PARTICIPANTS;
   IV. INCIDENTS THAT RESULTED IN A POLICE REPORT INCLUDING TYPE OF INCI-
 DENT; AND
   V.  WITH RESPECT TO THE INCIDENTS DESCRIBED IN SUBPARAGRAPHS I THROUGH
 IV OF THIS PARAGRAPH, WHETHER THE INCIDENTS OCCURRED:
   (1) DURING PROGRAM PARTICIPATION;
   (2) DURING STUDENTS OWN TIME;
   (3) ON CAMPUS;

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   (4) OFF CAMPUS;
   (5) THE LOCATION OF THE INCIDENT; AND
   (6) THE TIME OF THE INCIDENT.
   C.  STUDY  ABROAD ORGANIZATIONS SHALL ALSO REPORT ON ETHICAL RELATION-
 SHIPS AND CONFLICT OF INTEREST AVOIDANCE POLICIES WITH ALL  MAJOR  PART-
 NERS.
   § 6460. STUDENT RESOURCES. 1. STUDY ABROAD ORGANIZATIONS SHALL PROVIDE
 EACH  STUDENT  WHO  IS INTERESTED IN PARTICIPATING IN A PROGRAM OF STUDY
 ABROAD, WITH PRE-REGISTRATION INFORMATION ADVISING THAT INCLUDES:
   A. ALL CURRENT TRAVEL INFORMATION, INCLUDING ALL TRAVEL  WARNINGS  AND
 TRAVEL  ALERTS,  ISSUED BY THE BUREAU OF CONSULAR AFFAIRS OF THE DEPART-
 MENT OF STATE FOR SUCH COUNTRIES;
   B. ALL CURRENT SAFETY ALERTS KNOWN WITHIN THIRTY MILES OF  THE  CAMPUS
 INCLUDING  INFORMATION  OBTAINED  BY STUDENTS FROM POST-TRIP ORIENTATION
 SESSIONS OR REPORTS; AND
   C. THE REPORTING INFORMATION REQUIRED BY THE DEPARTMENT AS  IDENTIFIED
 IN SECTION SIXTY-FOUR HUNDRED FIFTY-NINE OF THIS ARTICLE.
   2.  STUDY  ABROAD ORGANIZATIONS SHALL PROVIDE EACH STUDENT WHO RETURNS
 FROM A STUDY ABROAD PROGRAM WITH AN ANONYMOUS  POST-SEMESTER  EVALUATION
 QUESTIONNAIRE, AND THE OPPORTUNITY FOR A DOCUMENTED EXIT INTERVIEW WHICH
 SHALL FOCUS ON THE PROGRAM'S EFFECTIVENESS IN BEST PRACTICES AND STUDENT
 SAFETY.  THESE  REPORTS  ARE  TO  BE  MADE  AVAILABLE TO THE PUBLIC UPON
 REQUEST.
   3. STUDY ABROAD ORGANIZATIONS SHALL INCLUDE REFERENCES TO  THE  AVAIL-
 ABILITY  OF THE REPORTS IDENTIFIED IN SECTIONS SIXTY-FOUR HUNDRED FIFTY-
 NINE AND SIXTY-FOUR HUNDRED SIXTY OF THIS ARTICLE ON  ALL  WEBSITES  AND
 PRINTED MATERIALS.
   §  6461.  PROGRAM  ASSESSMENT. 1. THE DEPARTMENT SHALL, USING EXISTING
 STAFF AND BUDGET, ASSESS THE EFFECTIVENESS OF THIS ARTICLE AND APPROPRI-
 ATE STATE REGULATION OF POSTSECONDARY STUDY ABROAD PROGRAMS. THE ASSESS-
 MENT SHALL FOCUS ON THE PROTECTION, THE HEALTH AND SAFETY OF STUDENTS IN
 POSTSECONDARY STUDY ABROAD PROGRAMS;  AND  THE  REPORTING  PROCESS.  THE
 DEPARTMENT  SHALL  MAKE  THEIR  ASSESSMENTS  AND THE REPORTS REQUIRED IN
 SECTION SIXTY-FOUR HUNDRED FIFTY-NINE  OF  THIS  ARTICLE  TO  ANY  STATE
 LEGISLATOR UPON REQUEST.
   § 3. This act shall take effect immediately.