S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    316
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by M. of A. JACOBSON, FAHY, REYES, PICHARDO, DICKENS, GALEF,
   AUBRY, McDONALD, STIRPE, FERNANDEZ, WALLACE, HUNTER, SAYEGH, ASHBY  --
   Multi-Sponsored  by  -- M. of A. BUTTENSCHON, COOK, ENGLEBRIGHT, GRIF-
   FIN, M. MILLER, SIMON -- 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. Title 7 of 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. REPORTING.
   §  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 A
 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.
                                                            LBD05192-01-1

 A. 316                              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.  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. DEATHS OF PROGRAM PARTICIPANTS INCLUDING MANNER OF DEATH;
   C.  ACCIDENTS AND ILLNESSES THAT RESULTED IN HOSPITALIZATION INCLUDING
 THE TYPE OF SUCH ACCIDENT OR ILLNESS;
   D. SEXUAL ASSAULTS AGAINST PROGRAM PARTICIPANTS;
   E. INCIDENTS THAT RESULTED IN A POLICE REPORT INCLUDING TYPE OF  INCI-
 DENT; AND
   F.  WITH  RESPECT TO THE INCIDENTS DESCRIBED IN PARAGRAPHS B THROUGH E
 OF THIS SUBDIVISION, WHETHER THE INCIDENTS OCCURRED:
   I. DURING PROGRAM PARTICIPATION;
   II. DURING STUDENTS OWN TIME;
   III. ON CAMPUS; AND
   IV. OFF CAMPUS.
   G. THE LOCATION OF THE INCIDENT;
   H. THE TIME OF THE INCIDENT; AND
   I. THE DATE OF THE INCIDENT.
   3. STUDY ABROAD ORGANIZATIONS SHALL ALSO REPORT ON  ETHICAL  RELATION-
 SHIPS  AND  CONFLICT OF INTEREST AVOIDANCE POLICIES WITH ALL MAJOR PART-
 NERS.
   4. COLLEGES WITH ENROLLMENTS BELOW THREE THOUSAND WILL REPORT DATA  TO
 THE  DEPARTMENT  TO  BE MADE AVAILABLE WITH THE INSTITUTION OF REFERENCE
 REDACTED.
   5. STUDY ABROAD ORGANIZATIONS SHALL INCLUDE REFERENCES TO  THE  AVAIL-
 ABILITY  OF  THE  REPORTS IDENTIFIED IN THIS SECTION ON ALL WEBSITES AND
 PRINTED MATERIALS.
   6. THE DEPARTMENT SHALL MAKE THE  REPORTS  REQUIRED  IN  THIS  SECTION
 AVAILABLE TO ANY STATE LEGISLATOR UPON REQUEST.
   § 3. This act shall take effect immediately.