S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    649
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced  by  M.  of A. JACOBSON, FAHY, REYES, DICKENS, AUBRY, STIRPE,
   WALLACE, HUNTER, SAYEGH, JACKSON, SILLITTI, DURSO, LEMONDES --  Multi-
   Sponsored  by  -- M.   of A. BUTTENSCHON, COOK, 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 6517. DEFINITIONS.
         6518. REPORTING.
   § 6517. 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.
   3. "STUDY ABROAD PROGRAM" SHALL MEAN PROGRAMS WHICH ARE COORDINATED BY
 COLLEGE, UNIVERSITY OR POSTSECONDARY INSTITUTIONS AND THIRD PARTY  ENTI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02358-01-3
              

 A. 649                              2
 
 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.
   § 6518. 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.