S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4788
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 23, 2023
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
   Committee on Education
 
 AN ACT to amend the education law, in relation to enacting  the  student
   suicide prevention act
 
   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 "student suicide prevention act".
   §  2. The education law is amended by adding a new article 2-A to read
 as follows:
                                 ARTICLE 2-A
                        STUDENT SUICIDE PREVENTION
 SECTION 20. LEGISLATIVE INTENT.
         21. DEFINITIONS.
         22. POLICIES, PROCEDURES, AND GUIDELINES.
         23. APPLICATION.
         24. SEVERABILITY AND CONSTRUCTION.
   § 20. LEGISLATIVE INTENT.  THE  LEGISLATURE  FINDS  AND  DECLARES  THE
 FOLLOWING:  1.    ACCORDING TO DATA FROM THE FEDERAL CENTERS FOR DISEASE
 CONTROL AND PREVENTION AS REPORTED IN THE  YEAR  TWO  THOUSAND  SIXTEEN,
 SUICIDE  IS THE SECOND LEADING CAUSE OF DEATH FOR YOUTH AND YOUNG ADULTS
 TEN TO TWENTY-FOUR YEARS OF AGE, INCLUSIVE, IN BOTH  THE  UNITED  STATES
 AND IN NEW YORK STATE.
   2.  AS  CHILDREN  AND  TEENS SPEND A SIGNIFICANT AMOUNT OF THEIR YOUNG
 LIVES IN SCHOOL, THE PERSONNEL WHO INTERACT WITH THEM ON A  DAILY  BASIS
 ARE  ESSENTIAL  GATEKEEPERS FOR RECOGNIZING WARNING SIGNS OF SUICIDE AND
 MAKING THE APPROPRIATE REFERRALS FOR HELP.
   3. IN A NATIONAL SURVEY CONDUCTED BY THE JASON FOUNDATION,  A  TEACHER
 WAS  IDENTIFIED AS THE NUMBER ONE PERSON TO WHOM A STUDENT WOULD TURN TO
 HELP A FRIEND WHO MIGHT BE SUICIDAL. IT IS IMPERATIVE THAT WHEN A  YOUNG
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05374-01-3
 A. 4788                             2
              

 
 PERSON  COMES  TO  A  TEACHER  FOR HELP, SUCH TEACHER HAS THE KNOWLEDGE,
 TOOLS, AND RESOURCES TO RESPOND CORRECTLY.
   4.  IN THE YEAR TWO THOUSAND EIGHTEEN, THE FEDERAL CENTERS FOR DISEASE
 CONTROL AND PREVENTION FOUND IN ITS  YOUTH  RISK  BEHAVIOR  SURVEY  THAT
 LESBIAN,  GAY,  AND  BISEXUAL YOUTH ARE ALMOST FOUR TIMES MORE LIKELY TO
 SERIOUSLY CONSIDER ATTEMPTING SUICIDE, HAVE MADE A SUICIDE PLAN, OR HAVE
 ATTEMPTED SUICIDE, THAN THEIR HETEROSEXUAL PEERS.
   5. THERE ARE NATIONAL HOTLINES AVAILABLE TO  HELP  ADULTS  AND  YOUTH,
 INCLUDING  LESBIAN,  GAY,  BISEXUAL,  TRANSGENDER,  QUEER OR QUESTIONING
 (LGBTQ) YOUTH, WHO ARE EXPERIENCING SUICIDAL IDEATION OR WHO ARE WORRIED
 ABOUT A FAMILY MEMBER OR PEER WHO MAY BE AT RISK, INCLUDING THE NATIONAL
 SUICIDE PREVENTION LIFELINE, THE CRISIS TEXT LINE,  THE  TREVOR  PROJECT
 LIFELINE, AND TREVORCHAT.
   6.  ACCORDING  TO  THE  FAMILY  ACCEPTANCE PROJECT, RESEARCH HAS FOUND
 THAT, FOR AN LGBTQ YOUTH, HAVING  AT  LEAST  ONE  SUPPORTIVE  ADULT  CAN
 REDUCE THE YOUTH'S RISK OF SUICIDE.
   7.  NEW YORK STATE SCHOOLS FACE THE SERIOUS ISSUES OF STUDENTS AT HIGH
 RISK OF SUICIDE AND DEATH BY SUICIDE IN THE SCHOOL  COMMUNITIES.  SCHOOL
 PERSONNEL  MUST  BE  SUPPORTED  BY  CLEAR POLICIES AND PROCEDURES, WHICH
 SERVE AS AN EASILY-ACCESSIBLE ROADMAP, ELIMINATE CONFUSION OVER EDUCATOR
 ROLES AND THE REFERRAL PROCESS, AND EQUIP EDUCATORS WITH  THE  TOOLS  TO
 RESPOND SAFELY WHEN A SUICIDE DOES OCCUR IN THE SCHOOL COMMUNITY.
   §  21.  DEFINITIONS.  FOR  THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "CRISIS SITUATION"  MEANS  A
 SITUATION  WHERE  A  TEACHER  OR OTHER LOCAL EDUCATIONAL AGENCY EMPLOYEE
 BELIEVES A STUDENT OR OTHER  INDIVIDUAL  IS  IN  IMMINENT  DANGER  OF  A
 SUICIDE ATTEMPT.
   2.  "LGBTQ" MEANS INDIVIDUALS WHO IDENTIFY, WITH REGARDS TO GENDER, AS
 BEING LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER OR QUESTIONING.
   3. "LOCAL EDUCATIONAL AGENCY" MEANS A SCHOOL DISTRICT, BOARD OF  COOP-
 ERATIVE EDUCATIONAL SERVICES, SCHOOL, OR THE EDUCATION DEPARTMENT.
   4.  "SUICIDE  INTERVENTION" MEANS SPECIFIC ACTIONS SCHOOLS CAN TAKE IN
 RESPONSE TO SUICIDAL BEHAVIOR BY A STUDENT, INCLUDING, BUT  NOT  LIMITED
 TO:
   A. STUDENT SUPERVISION;
   B. NOTIFICATION OF PARENTS OR GUARDIANS;
   C. CRISIS SITUATION RESPONSE PROTOCOLS;
   D.  WHEN  AND  HOW TO REQUEST AN IMMEDIATE MENTAL HEALTH ASSESSMENT OR
 EMERGENCY SERVICES; AND
   E. SCHOOL  RE-ENTRY  PROCEDURES  FOLLOWING  A  STUDENT  MENTAL  HEALTH
 CRISIS.
   5.  "SUICIDE  POSTVENTION"  MEANS  PLANNED  SUPPORT  AND INTERVENTIONS
 SCHOOLS CAN IMPLEMENT AFTER A SUICIDE ATTEMPT  OR  SUICIDE  DEATH  OF  A
 MEMBER OF THE SCHOOL COMMUNITY THAT ARE DESIGNED TO:
   A. REDUCE THE RISK OF THE SPREAD OF SUICIDAL THOUGHTS OR INTENTIONS;
   B. PROVIDE SUPPORT FOR AFFECTED STUDENTS AND SCHOOL-BASED PERSONNEL;
   C. ADDRESS THE SOCIAL STIGMA ASSOCIATED WITH SUICIDE; AND
   D. DISSEMINATE FACTUAL INFORMATION ABOUT SUICIDE AND ITS PREVENTION.
   6.  "SUICIDE  PREVENTION"  MEANS  SPECIFIC ACTIONS SCHOOLS CAN TAKE TO
 RECOGNIZE AND REDUCE SUICIDAL BEHAVIOR, INCLUDING, BUT NOT LIMITED TO:
   A. IDENTIFYING RISKS AND PROTECTIVE FACTORS FOR  SUICIDE  AND  SUICIDE
 WARNING SIGNS;
   B.  ESTABLISHING  A PROCESS BY WHICH STUDENTS ARE REFERRED TO A MENTAL
 AND BEHAVIORAL HEALTH PROVIDER FOR HELP;
   C. MAKING AVAILABLE SCHOOL-BASED  AND  COMMUNITY-BASED  MENTAL  HEALTH
 SUPPORTS;
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   D.  PROVIDING  THE  LOCATION OF AVAILABLE ONLINE AND COMMUNITY SUICIDE
 PREVENTION RESOURCES, INCLUDING LOCAL CRISIS CENTERS AND HOTLINES;
   E.  ADOPTING  POLICIES  AND  PROTOCOLS  REGARDING  SUICIDE PREVENTION,
 INTERVENTION, AND POSTVENTION, SCHOOL SAFETY,  AND  RESPONSE  TO  CRISIS
 SITUATIONS;
   F.  TRAINING  FOR SCHOOL PERSONNEL WHO INTERACT DIRECTLY WITH STUDENTS
 IN RECOGNIZING SUICIDE RISKS AND WARNING SIGNS AND HOW TO REFER STUDENTS
 FOR FURTHER ASSESSMENT AND EVALUATION; AND
   G. INSTRUCTION TO STUDENTS IN PROBLEM-SOLVING  AND  COPING  SKILLS  TO
 PROMOTE  STUDENTS'  MENTAL, EMOTIONAL, AND SOCIAL HEALTH AND WELL-BEING,
 AND INSTRUCTION IN RECOGNIZING AND APPROPRIATELY RESPONDING TO SIGNS  OF
 SUICIDAL INTENT IN OTHERS.
   §  22. POLICIES, PROCEDURES, AND GUIDELINES. 1. THE GOVERNING BOARD OR
 BODY OF EVERY LOCAL EDUCATIONAL AGENCY THAT SERVES  STUDENTS  IN  GRADES
 SEVEN  TO  TWELVE, INCLUSIVE, SHALL, BEFORE THE FIRST DAY OF AUGUST, TWO
 THOUSAND TWENTY-THREE, ADOPT POLICIES,  PROCEDURES,  AND  GUIDELINES  ON
 STUDENT  SUICIDE  PREVENTION, INTERVENTION, AND POSTVENTION FOR STUDENTS
 IN SUCH GRADES. SUCH  POLICIES,  PROCEDURES,  AND  GUIDELINES  SHALL  BE
 DEVELOPED  IN  CONSULTATION  WITH  SCHOOL  AND  COMMUNITY  STAKEHOLDERS,
 SCHOOL-EMPLOYED MENTAL  HEALTH  PROFESSIONALS,  AND  SUICIDE  PREVENTION
 EXPERTS, AND SHALL INCLUDE, BUT NOT BE LIMITED TO:
   A.  METHODS  TO INCREASE AWARENESS OF THE RELATIONSHIP BETWEEN SUICIDE
 AND SUICIDE RISK FACTORS INCLUDING, BUT NOT LIMITED TO:
   I. MENTAL HEALTH AND SUBSTANCE USE CONDITIONS;
   II. CHILDHOOD ABUSE, NEGLECT, OR TRAUMA;
   III. PROLONGED STRESS, INCLUDING INDIVIDUAL EXPERIENCES SUCH AS BULLY-
 ING, HARASSMENT, FAMILY OR RELATIONSHIP STRESS, OR OTHER STRESSFUL  LIFE
 EVENTS,  AS  WELL  AS  COLLECTIVE  STRESSORS  SUCH  AS SYSTEMIC BIAS AND
 DISCRIMINATION;
   IV. EXPOSURE TO ANOTHER PERSON'S SUICIDE, OR SENSATIONALIZED OR GRAPH-
 IC ACCOUNTS OF SUICIDE; AND
   V. PREVIOUS SUICIDE ATTEMPTS OR HISTORY OF SUICIDE WITHIN A  STUDENT'S
 FAMILY;
   B.  IDENTIFICATION  OF  TRAINING  OPPORTUNITIES ON RECOGNIZING SUICIDE
 RISKS, AND REFERRAL PROCEDURES AVAILABLE TO SCHOOL EMPLOYEES;
   C. AVAILABILITY OF EXPERTISE  FROM  SCHOOL  EMPLOYEES  WHO  HAVE  BEEN
 TRAINED IN RECOGNIZING SUICIDE RISKS, AND REFERRAL PROCEDURES;
   D.  HOW  SCHOOL  EMPLOYEES  SHOULD  RESPOND TO SUSPICION, CONCERNS, OR
 WARNING SIGNS OF SUICIDE IN STUDENTS;
   E. HOW SCHOOL EMPLOYEES SHOULD RESPOND TO A CRISIS SITUATION  WHERE  A
 STUDENT IS IN IMMINENT DANGER TO HIMSELF OR HERSELF;
   F.  POLICIES  AND  PROTOCOLS FOR COMMUNICATION WITH PARENTS, INCLUDING
 THOSE THAT SPECIFY WHAT TO DO IF PARENTAL NOTIFICATION  IS  NOT  IN  THE
 BEST INTEREST OF THE STUDENT;
   G.  COUNSELING  SERVICES  AVAILABLE WITHIN THE SCHOOL FOR STUDENTS AND
 THEIR FAMILIES THAT ARE RELATED TO SUICIDE PREVENTION;
   H. AVAILABILITY OF  INFORMATION  CONCERNING  CRISIS  SITUATION  INTER-
 VENTION, SUICIDE PREVENTION, AND MENTAL HEALTH SERVICES IN THE COMMUNITY
 FOR STUDENTS AND THEIR FAMILIES AND SCHOOL EMPLOYEES;
   I.  IDENTIFICATION  AND  DEVELOPMENT  OF  PARTNERSHIPS  WITH COMMUNITY
 ORGANIZATIONS AND AGENCIES FOR REFERRAL OF STUDENTS  TO  HEALTH,  MENTAL
 HEALTH,  SUBSTANCE  USE, AND SOCIAL SUPPORT SERVICES, INCLUDING DEVELOP-
 MENT OF AT LEAST ONE  MEMORANDUM  OF  UNDERSTANDING  BETWEEN  THE  LOCAL
 EDUCATION  AGENCY AND SUCH AN ORGANIZATION OR AGENCY IN THE COMMUNITY OR
 REGION;
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   J. DEVELOPMENT OF A CULTURALLY COMPETENT PLAN TO ASSIST  SURVIVORS  OF
 ATTEMPTED  SUICIDE AND TO ASSIST STUDENTS AND SCHOOL EMPLOYEES IN COPING
 WITH AN ATTEMPTED SUICIDE OR A SUICIDE DEATH WITHIN THE SCHOOL  COMMUNI-
 TY; AND
   K.  DEVELOPMENT  OF ANY OTHER RELATED PROGRAM OR ACTIVITY FOR STUDENTS
 OR SCHOOL EMPLOYEES.
   2. THE POLICIES, PROCEDURES, AND GUIDELINES ADOPTED PURSUANT TO SUBDI-
 VISION ONE OF THIS SECTION SHALL SPECIFICALLY ADDRESS THE NEEDS OF HIGH-
 RISK GROUPS, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
   A. YOUTH WHO HAVE LOST A FRIEND OR FAMILY MEMBER TO SUICIDE;
   B. YOUTH WITH DISABILITIES OR WITH CHRONIC HEALTH CONDITIONS,  INCLUD-
 ING MENTAL HEALTH AND SUBSTANCE USE CONDITIONS;
   C. YOUTH EXPERIENCING HOMELESSNESS OR IN OUT-OF-HOME SETTINGS, SUCH AS
 FOSTER CARE; AND
   D. LGBTQ YOUTH.
   3. THE POLICIES, PROCEDURES, AND GUIDELINES ADOPTED PURSUANT TO SUBDI-
 VISION  ONE  OF  THIS  SECTION  SHALL BE WRITTEN TO ENSURE THAT A SCHOOL
 EMPLOYEE ACTS ONLY WITHIN THE AUTHORIZATION AND SCOPE OF SUCH EMPLOYEE'S
 CREDENTIAL OR LICENSE.  NOTHING IN THIS SECTION SHALL  BE  CONSTRUED  AS
 AUTHORIZING OR ENCOURAGING A SCHOOL EMPLOYEE TO DIAGNOSE OR TREAT MENTAL
 HEALTH  CONDITIONS  UNLESS  SUCH  EMPLOYEE  IS SPECIFICALLY LICENSED AND
 EMPLOYED TO DO SO.
   4. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,  NO
 CAUSE  OF ACTION MAY BE BROUGHT FOR ANY LOSS OR DAMAGE CAUSED BY ANY ACT
 OR OMISSION RESULTING FROM THE IMPLEMENTATION OF THE PROVISIONS OF  THIS
 ARTICLE,  OR  RESULTING FROM ANY TRAINING, OR LACK OF TRAINING, REQUIRED
 BY THIS ARTICLE. NOTHING IN THIS ARTICLE SHALL BE  CONSTRUED  TO  IMPOSE
 ANY SPECIFIC DUTY OF CARE.
   5.  TO  ASSIST  LOCAL  EDUCATIONAL AGENCIES IN DEVELOPING POLICIES FOR
 STUDENT SUICIDE PREVENTION, THE DEPARTMENT SHALL  DEVELOP  AND  MAINTAIN
 MODEL  POLICIES,  PROCEDURES,  AND  GUIDELINES  IN  ACCORDANCE WITH THIS
 SECTION TO SERVE AS A GUIDE FOR LOCAL EDUCATIONAL AGENCIES.  SUCH  MODEL
 POLICIES,  PROCEDURES, AND GUIDELINES SHALL BE POSTED WITHIN THIRTY DAYS
 OF THEIR COMPLETION ON THE DEPARTMENT'S  INTERNET  WEBSITE,  ALONG  WITH
 RELEVANT  RESOURCES AND INFORMATION TO SUPPORT SCHOOLS IN DEVELOPING AND
 IMPLEMENTING THE POLICIES, PROCEDURES,  AND  GUIDELINES  REQUIRED  UNDER
 SUBDIVISION ONE OF THIS SECTION.
   6.  THE  GOVERNING  BOARD  OR  BODY OF A LOCAL EDUCATIONAL AGENCY THAT
 SERVES STUDENTS IN GRADES SEVEN TO TWELVE, INCLUSIVE, SHALL  REVIEW,  AT
 MINIMUM  EVERY  FIFTH YEAR FOLLOWING THE EFFECTIVE DATE OF THIS ARTICLE,
 ITS POLICIES, PROCEDURES, AND GUIDELINES ON STUDENT  SUICIDE  PREVENTION
 AND, IF NECESSARY, UPDATE SUCH POLICIES, PROCEDURES, AND GUIDELINES.
   §  23.  APPLICATION. THE PROVISIONS OF THIS ARTICLE SHALL APPLY TO ALL
 PRIVATE AND PUBLIC EDUCATIONAL INSTITUTIONS IN NEW YORK STATE.
   § 24. SEVERABILITY AND CONSTRUCTION. THE PROVISIONS  OF  THIS  ARTICLE
 SHALL  BE SEVERABLE, AND IF ANY COURT OF COMPETENT JURISDICTION DECLARES
 ANY PHRASE, CLAUSE, SENTENCE OR PROVISION OF THIS ARTICLE TO BE INVALID,
 OR ITS APPLICABILITY TO ANY GOVERNMENT AGENCY, PERSON OR CIRCUMSTANCE IS
 DECLARED INVALID, THE REMAINDER OF THIS ARTICLE AND ITS RELEVANT  APPLI-
 CABILITY  SHALL NOT BE AFFECTED. THE PROVISIONS OF THIS ARTICLE SHALL BE
 LIBERALLY CONSTRUED TO GIVE EFFECT TO THE PURPOSES THEREOF.
   § 3. This act shall take effect immediately.