S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6804--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2023
                                ___________
 
 Introduced  by  M.  of A. GUNTHER, FAHY -- read once and referred to the
   Committee on Higher Education -- recommitted to the Committee on High-
   er 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 improving student
   mental health and mental health literacy  in  institutions  of  higher
   education  in  the  state,  and requiring the amendment or adoption of
   related protocols and policies of SUNY, CUNY  and  independent  insti-
   tutions of higher education
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 362 to
 read as follows:
   § 362. STUDENT MENTAL HEALTH. 1.  THE STATE UNIVERSITY SHALL TAKE  THE
 FOLLOWING ACTIONS REGARDING STUDENT MENTAL HEALTH NEEDS:
   (A)  (I)  REVIEW,  AMEND  AND  PUBLISH  VARIOUS PROTOCOLS AND POLICIES
 INTENDED TO IMPROVE THE MENTAL HEALTH OF  STUDENTS,  TO  IMPROVE  MENTAL
 HEALTH  LITERACY  AMONG  STUDENTS  AND  STAFF,  AND  TO ESTABLISH PARITY
 BETWEEN PHYSICAL AND MENTAL HEALTH, INCLUDING REASONABLE ACCOMMODATIONS,
 WHENEVER POSSIBLE AND APPROPRIATE;
   (II) REVIEW, AMEND  AND  PUBLISH  ENROLLMENT,  RE-ENROLLMENT,  MEDICAL
 LEAVE  OF ABSENCE, VOLUNTARY AND INVOLUNTARY LEAVE AND TERMINATION POLI-
 CIES OF THE STATE UNIVERSITY AND CREATE SPECIFIC PROVISIONS FOR STUDENTS
 EXPERIENCING MENTAL HEALTH  ISSUES  OR  CRISES,  THAT  ARE  INTENDED  TO
 IMPROVE  RESPONSES  TO  THE  MENTAL HEALTH NEEDS AND CRISES OF STUDENTS,
 IMPROVE SUICIDE PREVENTION AND INTERVENTION, PROVIDE FLEXIBLE  VOLUNTARY
 LEAVE  OPPORTUNITIES,  PROVIDE  INDIVIDUALIZED  STUDENT ASSESSMENTS WITH
 CONSIDERATION OF REASONABLE REQUESTS BY STUDENTS AND APPROPRIATE  DEFER-
 ENCE  TO THEIR TREATING PROVIDERS, AND PROVIDE REASONABLE ACCOMMODATIONS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10931-02-4
 A. 6804--A                          2
              

 
 TO AVOID EXTENDED INVOLUNTARY LEAVE OR  TERMINATION,  WHENEVER  POSSIBLE
 AND APPROPRIATE;
   (B)  INCLUDE A MENTAL HEALTH SECTION IN ORIENTATION PROGRAMS FOR NEWLY
 ENROLLED STUDENTS INTENDED  TO  ENHANCE  MENTAL  HEALTH  LITERACY  AMONG
 STUDENTS,  TO  INCREASE  KNOWLEDGE  ABOUT MENTAL HEALTH AND HELP-SEEKING
 BEHAVIORS, AND TO REDUCE STIGMA;
   (C) ALL FULL-TIME FACULTY, ADMINISTRATORS, ATHLETIC COACHES,  STUDENT-
 FACING  AND SUPPORT STAFF, INCLUDING ADJUNCT PROFESSORS OF THE UNIVERSI-
 TY, SHALL BE REQUIRED TO RECEIVE MENTAL HEALTH TRAINING ON MENTAL HEALTH
 LITERACY, RELEVANT DISABILITY LAW, REDUCTION OF  STIGMA  TRAINING,  BEST
 PRACTICES  REGARDING  REASONABLE ACCOMMODATIONS FOR STUDENTS WITH MENTAL
 HEALTH NEEDS, AND RECOGNIZING SIGNS OF MENTAL  DISTRESS  AMONG  STUDENTS
 AND  RECOMMENDED  FOLLOW-UP  SAFETY  ACTIONS. ALL SUCH TRAINING SHALL BE
 PROVIDED IN A CULTURALLY COMPETENT MANNER. STAFF SHALL  RECEIVE  INITIAL
 TRAINING WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, OR WITH-
 IN  ONE  YEAR  AFTER THE DATE UPON WHICH THEY COMMENCE EMPLOYMENT AT THE
 UNIVERSITY, WITH REFRESHER  TRAINING  REQUIRED  WITHIN  EACH  THREE-YEAR
 PERIOD  THEREAFTER.  THE CHANCELLOR OF THE STATE UNIVERSITY, IN CONJUNC-
 TION WITH THE COMMISSIONER, SHALL PRESCRIBE THE FORM AND MANNER IN WHICH
 SUCH TRAINING SHALL BE PROVIDED; AND
   (D) INSTITUTE OTHER PROGRAMS INTENDED TO ADDRESS AND  IMPROVE  STUDENT
 MENTAL HEALTH.
   2. THE STATE UNIVERSITY AND THE DEPARTMENT SHALL RESEARCH, REVIEW, AND
 PUBLISH  MODEL  PROTOCOLS  AND  POLICIES, THAT MAY BE ADOPTED AND IMPLE-
 MENTED BY COLLEGES AND UNIVERSITIES UNDER THEIR JURISDICTION, TO  IMPLE-
 MENT THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION.
   § 2. The education law is amended by adding a new section 6235 to read
 as follows:
   §  6235. STUDENT MENTAL HEALTH. 1.  THE CITY UNIVERSITY SHALL TAKE THE
 FOLLOWING ACTIONS REGARDING STUDENT MENTAL HEALTH:
   (A) (I) REVIEW, AMEND  AND  PUBLISH  VARIOUS  PROTOCOLS  AND  POLICIES
 INTENDED  TO  IMPROVE  THE  MENTAL HEALTH OF STUDENTS, TO IMPROVE MENTAL
 HEALTH LITERACY AMONG  STUDENTS  AND  STAFF,  AND  TO  ESTABLISH  PARITY
 BETWEEN PHYSICAL AND MENTAL HEALTH, INCLUDING REASONABLE ACCOMMODATIONS,
 WHENEVER POSSIBLE AND APPROPRIATE;
   (II)  REVIEW,  AMEND  AND  PUBLISH  ENROLLMENT, RE-ENROLLMENT, MEDICAL
 LEAVE OF ABSENCE, VOLUNTARY AND INVOLUNTARY LEAVE AND TERMINATION  POLI-
 CIES  OF THE CITY UNIVERSITY AND CREATE SPECIFIC PROVISIONS FOR STUDENTS
 EXPERIENCING MENTAL HEALTH  ISSUES  OR  CRISES,  THAT  ARE  INTENDED  TO
 IMPROVE  RESPONSES  TO  THE  MENTAL HEALTH NEEDS AND CRISES OF STUDENTS,
 IMPROVE SUICIDE PREVENTION AND INTERVENTION, PROVIDE FLEXIBLE  VOLUNTARY
 LEAVE  OPPORTUNITIES,  PROVIDE  INDIVIDUALIZED  STUDENT ASSESSMENTS WITH
 CONSIDERATION OF REASONABLE REQUESTS BY STUDENTS AND APPROPRIATE  DEFER-
 ENCE  TO THEIR TREATING PROVIDERS, AND PROVIDE REASONABLE ACCOMMODATIONS
 TO AVOID EXTENDED INVOLUNTARY LEAVE OR  TERMINATION,  WHENEVER  POSSIBLE
 AND APPROPRIATE;
   (B)  INCLUDE A MENTAL HEALTH SECTION IN ORIENTATION PROGRAMS FOR NEWLY
 ENROLLED STUDENTS INTENDED  TO  ENHANCE  MENTAL  HEALTH  LITERACY  AMONG
 STUDENTS,  TO  INCREASE  KNOWLEDGE  ABOUT MENTAL HEALTH AND HELP-SEEKING
 BEHAVIORS, AND TO REDUCE STIGMA;
   (C) ALL FULL-TIME FACULTY, ADMINISTRATORS, ATHLETIC COACHES,  STUDENT-
 FACING  AND  SUPPORT  STAFF,  INCLUDING  ADJUNCT  PROFESSORS OF THE CITY
 UNIVERSITY, SHALL BE REQUIRED  TO  RECEIVE  MENTAL  HEALTH  TRAINING  ON
 MENTAL  HEALTH  LITERACY,  RELEVANT  DISABILITY LAW, REDUCTION OF STIGMA
 TRAINING,  BEST  PRACTICES  REGARDING  REASONABLE   ACCOMMODATIONS   FOR
 STUDENTS  WITH  MENTAL  HEALTH  NEEDS,  AND  RECOGNIZING SIGNS OF MENTAL
 A. 6804--A                          3
 
 DISTRESS AMONG STUDENTS AND RECOMMENDED FOLLOW-UP  SAFETY  ACTIONS.  ALL
 SUCH  TRAINING SHALL BE PROVIDED IN A CULTURALLY COMPETENT MANNER. STAFF
 SHALL RECEIVE INITIAL TRAINING WITHIN ONE YEAR OF THE EFFECTIVE DATE  OF
 THIS SECTION, OR WITHIN ONE YEAR AFTER THE DATE UPON WHICH THEY COMMENCE
 EMPLOYMENT  AT  THE  CITY  UNIVERSITY,  WITH REFRESHER TRAINING REQUIRED
 WITHIN EACH THREE-YEAR PERIOD THEREAFTER. THE  CHANCELLOR  OF  THE  CITY
 UNIVERSITY,  IN  CONJUNCTION  WITH THE COMMISSIONER, SHALL PRESCRIBE THE
 FORM AND MANNER IN WHICH SUCH TRAINING SHALL BE PROVIDED; AND
   (D) INSTITUTE OTHER PROGRAMS INTENDED TO ADDRESS AND  IMPROVE  STUDENT
 MENTAL HEALTH.
   2.  THE CITY UNIVERSITY AND THE DEPARTMENT SHALL RESEARCH, REVIEW, AND
 PUBLISH MODEL PROTOCOLS AND POLICIES, THAT MAY  BE  ADOPTED  AND  IMPLE-
 MENTED  BY COLLEGES AND UNIVERSITIES UNDER THEIR JURISDICTION, TO IMPLE-
 MENT THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION.
   § 3. The education law is amended by adding a  new  section  237-a  to
 read as follows:
   § 237-A. STUDENT MENTAL HEALTH, MENTAL HEALTH LITERACY AND TRAINING IN
 MASTER  PLANS  OF  INDEPENDENT  INSTITUTIONS OF HIGHER EDUCATION. 1. THE
 REGENTS PLAN FOR HIGHER EDUCATION, REQUIRED TO BE DEVELOPED  AND  TRANS-
 MITTED  PURSUANT  TO  SECTION TWO HUNDRED THIRTY-SEVEN OF THIS PART, AND
 APPROVED MASTER PLANS OF INDEPENDENT INSTITUTIONS  OF  HIGHER  EDUCATION
 SHALL  INCLUDE  PROTOCOLS  AND  POLICIES  INTENDED TO IMPROVE THE MENTAL
 HEALTH OF STUDENTS,  IMPROVE  MENTAL  HEALTH  LITERACY  AMONG  STUDENTS,
 FACULTY  AND  SUPPORT  STAFF,  AND ESTABLISH PARITY BETWEEN PHYSICAL AND
 MENTAL HEALTH, INCLUDING REASONABLE  ACCOMMODATIONS,  WHENEVER  POSSIBLE
 AND  APPROPRIATE.  THE REGENTS PLAN SHALL ALSO REQUIRE SUCH INSTITUTIONS
 TO REVIEW, AMEND AND PUBLISH ENROLLMENT, RE-ENROLLMENT, MEDICAL LEAVE OF
 ABSENCE, VOLUNTARY AND INVOLUNTARY LEAVE, AND TERMINATION  POLICIES  FOR
 STUDENTS  EXPERIENCING MENTAL HEALTH ISSUES OR CRISES; IMPROVE RESPONSES
 TO MENTAL HEALTH NEEDS AND CRISES; REVIEW AND IMPROVE SUICIDE PREVENTION
 AND INTERVENTION POLICIES; AND PROVIDE APPROPRIATE STAFF TRAINING TO ALL
 FULL-TIME FACULTY, ADMINISTRATORS, ATHLETIC COACHES, STUDENT-FACING  AND
 SUPPORT STAFF, AS WELL AS ADJUNCT PROFESSORS, TO IMPLEMENT THE ABOVE-RE-
 FERENCED PROTOCOLS AND POLICIES.
   2.  INDEPENDENT  INSTITUTIONS  OF HIGHER EDUCATION, SHALL REVIEW MODEL
 PROTOCOLS AND POLICIES THAT MAY BE DEVELOPED OR ADOPTED BY THE UNIVERSI-
 TY, THE CITY UNIVERSITY, OR THE DEPARTMENT AND CONSIDER WHETHER TO ADOPT
 SUCH PROTOCOLS AND POLICIES, IN WHOLE OR IN PART, FOR INCLUSION IN THEIR
 MASTER PLANS, FOR PURPOSES OF IMPROVING STUDENT  MENTAL  HEALTH,  MENTAL
 HEALTH LITERACY, AND RESPONSES TO MENTAL HEALTH NEEDS AND CRISES IN SUCH
 INSTITUTIONS.
   §  4.  This act shall take effect immediately; provided, however, that
 the provisions relating to the regents plan and university master  plans
 pursuant  to  section three of this act, shall be effective on the first
 date, following the effective date of this  act,  when  such  plans  are
 required to be completed under section 237 of the education law.