S T A T E O F N E W Y O R K
________________________________________________________________________
7832
I N S E N A T E
March 1, 2018
___________
Introduced by Sen. CROCI -- read twice and ordered printed, and when
printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to security upgrades
recommended by school safety improvement teams
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 2801-b of the education law, as amended by section
3-a of part A of chapter 57 of the laws of 2013, is amended to read as
follows:
§ 2801-b. New York state school safety improvement teams. 1. The
governor shall establish New York state school safety improvement teams,
which may be composed of representatives from the division of homeland
security and emergency services, the division of state police, the divi-
sion of criminal justice services, THE OFFICE OF GENERAL SERVICES and
the department. Such New York State School Safety Improvement Teams
shall review and assess school safety plans submitted, on a voluntary
basis, by school districts [having a population of less than one hundred
twenty-five thousand inhabitants], boards of cooperative educational
services, nonpublic schools, and county vocational education and exten-
sion boards, and may make recommendations to improve such school safety
plans.
2. ANY REQUEST FOR A SECURITY REVIEW AND ASSESSMENT UNDER THIS SECTION
SHALL BE SUBMITTED TO THE COMMISSIONER OF THE DIVISION OF HOMELAND SECU-
RITY AND EMERGENCY SERVICES, AND SHALL BE RESPONDED TO BY A SCHOOL SAFE-
TY IMPROVEMENT TEAM WITHIN ONE HUNDRED TWENTY DAYS OF THE SUBMISSION OF
SUCH REQUEST. AT THE REQUEST OF THE SCHOOL DISTRICT, BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES, NONPUBLIC SCHOOL, OR COUNTY VOCATIONAL AND
EDUCATIONAL BOARD, THE SCHOOL SAFETY IMPROVEMENT TEAM SHALL, IN ADDITION
TO A REVIEW OF SUCH ENTITY'S SCHOOL SAFETY PLAN, PERFORM AN ON-SITE
EXAMINATION OF SUCH ENTITY'S FACILITIES, AND UPON SUCH EXAMINATION SHALL
INCLUDE IN ITS RECOMMENDATIONS HOW THE ENTITY MAY IMPROVE THE PHYSICAL
SECURITY OF SUCH FACILITY EXAMINED.
3. ANY SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES,
NONPUBLIC SCHOOL, OR COUNTY VOCATIONAL AND EDUCATIONAL BOARD, THAT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14898-01-8
S. 7832 2
REQUESTS AND RECEIVES ANY RECOMMENDATION FROM A SCHOOL SAFETY IMPROVE-
MENT TEAM, SHALL NOT BE HELD LIABLE IN ANY ACTION FOR THE FAILURE TO
ADDRESS ANY RECOMMENDATION MADE BY A SCHOOL SAFETY IMPROVEMENT TEAM,
WITHIN THREE YEARS OF THE ENTITY'S RECEIPT OF SUCH RECOMMENDATION FROM
THE SCHOOL SAFETY IMPROVEMENT TEAM.
§ 2. Subdivision 6-c of section 3602 of the education law, as amended
by chapter 1 of the laws of 2013, paragraph b as amended by section 23
of part YYY of chapter 59 of the laws of 2017, is amended to read as
follows:
6-c. a. Building aid for metal detectors, SECURITY UPGRADES MADE
PURSUANT TO RECOMMENDATION FROM A SCHOOL SAFETY IMPROVEMENT TEAM IN
ACCORDANCE WITH SECTION TWENTY-EIGHT HUNDRED ONE-B OF THIS CHAPTER, and
safety devices for electrically operated partitions, room dividers and
doors. In addition to the apportionments payable to a school district
pursuant to subdivision six of this section, the commissioner is hereby
authorized to apportion to any school district additional building aid
pursuant to this subdivision for its approved expenditures in the base
year for the purchase of stationary metal detectors, security cameras,
SECURITY UPGRADES MADE PURSUANT TO RECOMMENDATION FROM A SCHOOL SAFETY
IMPROVEMENT TEAM IN ACCORDANCE WITH SECTION TWENTY-EIGHT HUNDRED ONE-B
OF THIS CHAPTER, AND safety devices for electrically operated partitions
and room dividers required pursuant to section four hundred nine-f of
this chapter, or other security devices approved by the commissioner
that increase the safety of students and school personnel, provided,
however, that funds apportioned to school districts pursuant to this
section shall not supplant funds for existing district expenditures or
for existing contractual obligations of the district for stationary
metal detectors, security cameras, SECURITY UPGRADES MADE PURSUANT TO
RECOMMENDATION FROM A SCHOOL SAFETY IMPROVEMENT TEAM IN ACCORDANCE WITH
SECTION TWENTY-EIGHT HUNDRED ONE-B OF THIS CHAPTER, AND partition and
room divider safety devices, or security devices. Portable or hand held
metal detectors shall not be eligible for aid pursuant to this subdivi-
sion. Such additional aid shall equal the product of the building aid
ratio computed for use in the current year pursuant to paragraph c of
subdivision six of this section and the actual approved expenditures
incurred in the base year pursuant to this subdivision, provided that
the limitations on cost allowances prescribed by paragraph a of subdivi-
sion six of this section shall not apply. The commissioner shall annual-
ly prescribe a special cost allowance for metal detectors, SECURITY
UPGRADES MADE PURSUANT TO RECOMMENDATION FROM A SCHOOL SAFETY IMPROVE-
MENT TEAM IN ACCORDANCE WITH SECTION TWENTY-EIGHT HUNDRED ONE-B OF THIS
CHAPTER, and security cameras, and the approved expenditures shall not
exceed such cost allowance. The commissioner shall annually prescribe a
special cost allowance for partition and room divider safety devices,
and the approved expenditures shall not exceed such cost allowance.
b. For projects approved by the commissioner authorized to receive
additional building aid pursuant to this subdivision for the purchase of
stationary metal detectors, SECURITY UPGRADES MADE PURSUANT TO RECOMMEN-
DATION FROM A SCHOOL SAFETY IMPROVEMENT TEAM IN ACCORDANCE WITH SECTION
TWENTY-EIGHT HUNDRED ONE-B OF THIS CHAPTER, security cameras or other
security devices approved by the commissioner that increase the safety
of students and school personnel, provided that for purposes of this
paragraph such other security devices shall be limited to electronic
security systems and hardened doors, and provided that for projects
approved by the commissioner on or after the first day of July two thou-
sand thirteen and [before the first day of July two thousand eighteen]
S. 7832 3
THEREAFTER such additional aid shall equal the product of (i) the build-
ing aid ratio computed for use in the current year pursuant to paragraph
c of subdivision six of this section plus ten percentage points, except
that in no case shall this amount exceed one hundred percent, and (ii)
the actual approved expenditures incurred in the base year pursuant to
this subdivision, provided that the limitations on cost allowances
prescribed by paragraph a of subdivision six of this section shall not
apply, and provided further that any projects aided under this paragraph
must be included in a district's school safety plan. The commissioner
shall annually prescribe a special cost allowance for metal detectors,
and security cameras, and the approved expenditures shall not exceed
such cost allowance.
§ 3. Section 3602-c of the education law is amended by adding new
subdivision 11 to read as follows:
11. AID SHALL BE MADE AVAILABLE TO ALL NONPUBLIC SCHOOLS UNDER THIS
SECTION, FOR SECURITY UPGRADES MADE PURSUANT TO A RECOMMENDATION FROM A
SCHOOL SAFETY IMPROVEMENT TEAM IN ACCORDANCE WITH SECTION TWENTY-EIGHT
HUNDRED ONE-B OF THIS CHAPTER, IN THE SAME MANNER AS FOR PUBLIC SCHOOLS
IN SUBDIVISION SIX-C OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART.
§ 4. This act shall take effect immediately.