S T A T E O F N E W Y O R K
________________________________________________________________________
10014
I N A S S E M B L Y
March 4, 2020
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to enacting the "safe
schools by design act"; directing the use of certain professional
design services for school security and safety improvements
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 schools by design act".
§ 2. Legislative intent. The legislature acknowledges that measures
taken to enhance school safety through investments in facility harden-
ing, violence intervention services, and school resource officers
contribute to a broader strategy to mitigate and prevent violent acts on
school grounds.
The legislature further acknowledges that schools are intended to be
communities and should be planned without sacrificing the inherent posi-
tive qualities of school environments we all desire for our children,
and that design solutions can help address social, psychological,
economic, environmental, and safety factors while maintaining a healthy
and productive learning environment.
The legislature intends to provide school districts with the flexibil-
ity to adapt to differing and evolving community concerns, support
student health and safety, and create productive learning environments.
§ 3. The education law is amended by adding a new section 408-c to
read as follows:
§ 408-C. SCHOOL SAFETY DESIGN AND PLANNING. 1. ANY PROJECT FOR THE
DESIGN, PLANNING, CONSTRUCTION, RECONSTRUCTION, REHABILITATION, OR
IMPROVEMENT OF SCHOOL PROPERTY, AS DEFINED BY SECTION TWENTY-EIGHT
HUNDRED ONE OF THIS CHAPTER, SHALL TO THE BEST OF THE SCHOOL DISTRICT'S
ABILITY, INCORPORATE PASSIVE SECURITY DESIGN FEATURES TO IMPROVE SCHOOL
SAFETY. FOR THE PURPOSES OF THIS SECTION, "PASSIVE SECURITY DESIGN
FEATURES" SHALL MEAN A DESIGN FEATURE WHICH DETERS THREATS WHILE REMAIN-
ING LARGELY UNDETECTABLE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15476-01-0
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2. THE SPECIFICATION AND/OR PLANNING OF PASSIVE SECURITY DESIGN
FEATURES OF BUILDINGS, GROUPS OF BUILDINGS, INCLUDING ALL COMPONENTS AND
APPURTENANCES AND THE SPACES AROUND SUCH BUILDING OR GROUPS OF BUILD-
INGS, SHALL COMPLY WITH ALL RULES AND REGULATIONS GOVERNING ARTICLES ONE
HUNDRED FORTY-FIVE, ONE HUNDRED FORTY-SEVEN, AND ONE HUNDRED FORTY-EIGHT
OF THIS CHAPTER.
§ 4. Subdivision 1 of section 409-d of the education law, as amended
by section 52-f of part YYY of chapter 59 of the laws of 2019, is
amended to read as follows:
1. Program establishment. The commissioner is authorized and directed
to establish, develop and monitor a comprehensive public school building
safety program which shall include a uniform inspection, safety rating
and monitoring system. Such program shall require the inspections of all
public school buildings throughout the state (i) at least once between
the period commencing with the first day of January, two thousand twenty
and ending with the thirty-first day of December, two thousand twenty
and (ii) at least once between the period commencing with the first day
of January, two thousand twenty-two and ending with the thirty-first day
of December, two thousand twenty-two, provided that such inspections
shall exclude public school buildings in a school district required to
conduct building condition surveys between January first, two thousand
twenty and the end of such period in accordance with regulations of the
commissioner adopted pursuant to subparagraph one-a of paragraph c of
subdivision four of section thirty-six hundred forty-one of this chap-
ter, and provided further that such exclusion shall not apply in the
case of a school district which has not completed the building condition
surveys so required and submitted the same to the department. Under such
program, the commissioner may require inspections of public school
buildings as deemed necessary to maintain the safety of school buildings
and the welfare of the occupants, and such program shall establish a
safety rating system for such school buildings to assess the need for
maintenance, repairs, DESIGN, PLANNING, rehabilitation, reconstruction,
construction and other improvements related to the structural integrity
and overall safety of public school buildings including but not limited
to building systems related to electrical, plumbing, heating, venti-
lation, and air conditioning, sanitation and health, fire and accident
protection; and require that such ratings be used for the purpose of
developing a buildings condition survey as required pursuant to subdivi-
sion four of section thirty-six hundred forty-one of this chapter and a
five year facilities plan as required pursuant to clause (i) of subpara-
graph two of paragraph b of subdivision six of section thirty-six
hundred two of this chapter.
§ 5. Subdivision 4 of section 2801-a of the education law, as amended
by chapter 525 of the laws of 2019, is amended to read as follows:
4. Each district-wide school safety team shall be appointed by the
board of education, or the chancellor in the case of the city school
district of the city of New York, and shall include but not be limited
to representatives of the school board, teacher, administrator, and
parent organizations, school safety personnel, and other school person-
nel including bus drivers and monitors. At the discretion of the board
of education, or the chancellor in the case of the city of New York, a
student may be allowed to participate on the safety team, provided
however, that no portion of a confidential building-level emergency
response plan shall be shared with such student nor shall such student
be present where details of a confidential building-level emergency
response plan or confidential portions of a district-wide emergency
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response strategy are discussed. Each building-level emergency response
team shall be appointed by the building principal, in accordance with
regulations or guidelines prescribed by the board of education, chancel-
lor or other governing body. Such building-level teams shall include but
not be limited to representatives of teacher, administrator, and parent
organizations, school safety personnel and other school personnel
including bus drivers and monitors, community members, law enforcement
officials, fire officials or other emergency response agencies, DESIGN
PROFESSIONALS LICENSED PURSUANT TO ARTICLES ONE HUNDRED FORTY-FIVE, ONE
HUNDRED FORTY-SEVEN, OR ONE HUNDRED FORTY-EIGHT OF THIS CHAPTER, and any
other representatives the board of education, chancellor or other
governing body deems appropriate.
§ 6. Paragraph a of subdivision 1 of section 2814 of the education
law, as added by chapter 181 of the laws of 2000, is amended to read as
follows:
a. School safety activities. Programs eligible for funding pursuant to
this section may include, but not be limited to: (i) safe corridors
programs; (ii) diversity programs; (iii) collaborative school safety
programs with law enforcement agencies or community-based organizations;
(iv) metal detectors, intercom and other intra-school communication
devices and other devices to increase school security and the safety of
school personnel and students; (v) PASSIVE SECURITY DESIGN FEATURES, AS
DEFINED BY SECTION FOUR HUNDRED EIGHT-C OF THIS CHAPTER, TO INCREASE THE
SECURITY AND SAFETY OF SCHOOL PROPERTY, AS DEFINED BY SECTION TWENTY-
EIGHT HUNDRED ONE OF THIS CHAPTER; AND (VI) other programs including
comprehensive school-based intervention models, approved by the commis-
sioner, that reduce violence and improve school safety. Comprehensive
school based intervention models shall coordinate with and collaborate
with other services currently being provided in the school district,
incorporate appropriate school violence prevention and intervention
services, and coordinate appropriate funding sources to ensure the effi-
cient delivery of services. Such comprehensive school-based intervention
models shall also include provisions for the involvement of teachers,
parents, school administrators in the development and implementation of
the program, a detailed statement identifying specific performance
goals, a proposed timetable for implementation and achievement of such
goals and specific assessment methods which will be used to measure
student and school progress.
§ 7. 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 11
of part CCC of chapter 59 of the laws of 2018, is amended to read as
follows:
6-c. a. Building aid for PASSIVE SECURITY DESIGN FEATURES AS DEFINED
BY SECTION FOUR HUNDRED EIGHT-C OF THIS CHAPTER, metal detectors, 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 AND/OR PROCUREMENT of PROFESSIONAL DESIGN
SERVICES, stationary metal detectors, security cameras, safety devices
for electrically operated partitions and room dividers required pursuant
to section four hundred nine-f of this chapter, or other security
devices OR DESIGN-BASED SOLUTIONS 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
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shall not supplant funds for existing district expenditures or for
existing contractual obligations of the district for PROFESSIONAL DESIGN
SERVICES, stationary metal detectors, security cameras, 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, and security
cameras, and the approved expenditures shall not exceed such cost allow-
ance. The commissioner shall annually prescribe a special cost allowance
for partition and room divider safety devices, and the approved expendi-
tures 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
AND/OR PROCUREMENT of PROFESSIONAL DESIGN SERVICES, stationary metal
detectors, 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 thousand thirteen and before the first day of July
two thousand twenty-three such additional aid shall equal the product of
(i) the building 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.
§ 8. This act shall take effect immediately.