S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6665--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 26, 2023
                                ___________
 
 Introduced  by M. of A. SIMON, EPSTEIN, GONZALEZ-ROJAS, BURGOS, CUNNING-
   HAM, WALKER, ALVAREZ, ZACCARO, DAVILA, REYES, THIELE, ARDILA, SHIMSKY,
   SIMONE, DARLING, BURDICK -- read once and referred to the Committee on
   Education -- recommitted to the Committee on Education  in  accordance
   with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the education law, in relation to lock-down drills
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of  section  807 of the education law, as
 amended by section 2 of part B of chapter 54 of the  laws  of  2016,  is
 amended to read as follows:
   1.  It shall be the duty of the principal or other person in charge of
 every public or private school or  educational  institution  within  the
 state,  other  than  colleges or universities, to instruct and train the
 pupils by means of drills, so that they may in  a  sudden  emergency  be
 able  to respond appropriately in the shortest possible time and without
 confusion or panic. Such drills shall be  held  at  least  [twelve]  TEN
 times in each school year, [eight] SIX of which required drills shall be
 held  between  September  first  and  December thirty-first of each such
 year. Eight of all such drills shall be evacuation drills, four of which
 shall be through use of the fire escapes on buildings where fire escapes
 are provided or through the use of identified secondary means of egress.
 [Four of all such]  TWO  required  drills  shall  be  lock-down  drills.
 Drills  shall  be conducted at different times of the school day. Pupils
 shall be instructed in the procedure to be followed in the event that  a
 fire  occurs during the lunch period or assembly, provided however, that
 such additional instruction may be waived where a drill is  held  during
 the  regular  school  lunch  period  or assembly. Four additional drills
 shall be held in each school year during  the  hours  after  sunset  and
 before  sunrise  in school buildings in which students are provided with
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10751-08-4
              

 A. 6665--A                          2
 
 sleeping accommodations. At least two additional drills  shall  be  held
 during  summer school in buildings where summer school is conducted, and
 one of such drills shall be held during the first week of summer school.
   §  2.  Section  807  of  the  education law is amended by adding a new
 subdivision 2-a to read as follows:
   2-A. (A) IN IMPLEMENTING THE LOCK-DOWN DRILLS DESCRIBED IN SUBDIVISION
 ONE OF THIS SECTION, IT SHALL BE THE DUTY OF THE BOARD OF  EDUCATION  OR
 SCHOOL BOARD OR OTHER BODY HAVING CONTROL OF THE SCHOOLS IN ANY DISTRICT
 OR  CITY  TO  ADOPT  A BUILDING-LEVEL EMERGENCY RESPONSE PLAN CONSISTENT
 WITH THE PROVISIONS OF SECTION TWENTY-EIGHT HUNDRED ONE-A OF THIS  CHAP-
 TER WHICH INCLUDES A TRAUMA-INFORMED, DEVELOPMENTALLY, AND AGE-APPROPRI-
 ATE  APPROACH  TO  THE  DESIGN AND EXECUTION OF SUCH DRILLS, WHICH SHALL
 STIPULATE THAT:
   (I) NOTICE TO PARENTS AND GUARDIANS OF STUDENTS OF WHEN THE  LOCK-DOWN
 DRILL WILL BE HELD, AT LEAST SEVEN DAYS IN ADVANCE OF SUCH DRILL;
   (II)  DRILLS  SHALL  NOT  INCLUDE PROPS, ACTORS, SIMULATIONS, OR OTHER
 TACTICS INTENDED TO MIMIC AN INCIDENT OF VIOLENCE OR OTHER EMERGENCY;
   (III) AN ANNOUNCEMENT AT THE TIME THAT SUCH DRILL  IS  CONDUCTED  THAT
 THE ACTIVITIES BEING CONDUCTED ARE A DRILL; AND
   (IV)  SCHOOLS  SHALL INCORPORATE STRATEGIES AND TECHNIQUES TO ACCOMMO-
 DATE STUDENTS, ON AN INDIVIDUALIZED BASIS AND IN A MANNER DEEMED  APPRO-
 PRIATE  BY THE SCHOOL, WHO MAY NEED EXTRA SUPPORT DURING SUCH DRILLS, AS
 SUCH NEEDS MAY HAVE BEEN REPORTED TO THE SCHOOL BY A PARENT AND/OR GUAR-
 DIAN OR OTHERWISE FLAGGED BY SCHOOL PERSONNEL.  NOTHING IN THIS SUBDIVI-
 SION SHALL INFRINGE ON ANY FEDERAL OR STATE LAWS WHICH PROTECT STUDENTS.
   (B) ALL BOARDS OF EDUCATION OR SCHOOL BOARDS OR  OTHER  BODIES  HAVING
 CONTROL OF THE SCHOOLS IN ANY DISTRICT OR CITY SHALL INCORPORATE AS PART
 OF  THE ANNUAL SCHOOL SAFETY STAFF PRESCRIBED IN PARAGRAPH H OF SUBDIVI-
 SION TWO OF SECTION TWENTY-EIGHT HUNDRED ONE-A OF THIS CHAPTER  GUIDANCE
 ON:
   (I)  HOW  TO CONDUCT SUCH DRILLS IN A VARIETY OF CLASSROOMS, INCLUDING
 THOSE WITH PHYSICAL LIMITATIONS SUCH AS WINDOWED WALLS;
   (II) WHAT INFORMATION  SHOULD  BE  COMMUNICATED  TO  STUDENTS  BEFORE,
 DURING, AND AFTER SUCH DRILL; AND
   (III)  ANY  OTHER  INFORMATION  THAT  THE  BOARD  OR  BODY SEES FIT TO
 INCLUDE.  ALL TEACHERS, ADMINISTRATORS, AND SCHOOL PERSONNEL SUBJECT  TO
 A  LOCK-DOWN  DRILL  SHALL  BE NOTIFIED OF SUCH DRILL IN ADVANCE OF SUCH
 DRILL OCCURRING AND SHALL BE NOTIFIED OF SUCH DRILL'S EXPECTED LENGTH OF
 TIME.
   § 3. This act shall take effect on the first of July  next  succeeding
 the  date  upon which it shall have become a law. Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date.