BILL NUMBER: S6980

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the education law, in relation to requiring the dissem-
ination of materials regarding child access prevention and the safe
storage of firearms

 
PURPOSE:

To require the state education department to develop model content
related to child access prevention and safe storage of firearms laws,
and require school districts to establish policies and procedures to
provide notice of these laws to parents and parental guardians of
students

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the education law to add a new section 808-a, entitled
"Firearms; child access prevention and safe storage," which creates six
new subdivisions.
              

First, it sets out definitions to be used in this section, including
"school district," "school," "private school," "notice," and "school
year." Notice is model content outlined in subdivision two, produced in
a concise, publishable format, such as a brochure, flyer, handbill,
leaflet, letter, or pamphlet.

Second, it requires the education department to develop, on or before
July 1, 2024, model content for notice of New York's child access
prevention laws and laws relating to the safe storage of firearms, which
shall include, but is not limited to Penal Law § 265.45 and § 265.50.
The model content shall be produced in the English language and in
common non-English languages spoken in the state. The model content
shall also designate a section for county- and local-specific laws
submitted to it by each county. It then requires the department to
update, as necessary, the model content by July 1, 2025, and by every
subsequent July 1 going forward. Lastly, it requires the department to
publish and update the model content on its website.

Third, it requires each county, on or before May 1, 2024, to submit to
the department all county- and local-specific laws and regulations
related to child access prevention and the safe storage of firearms.  It
then requires, as necessary, each county to submit any updated laws to
the department by May 1, 2025 and each subsequent May 1 going forward.

Fourth, it requires every school district, on or before July 1, 2024, to
set up policies and procedures for delivering notice of the model
content to parents, guardians, or persons in parental relation to the
students of the district.

Fifth, it requires all school districts, beginning on July 1, 2024, to
provide notice, either at the beginning of the first semester or quarter
of the regular school year, of the model content directly to parents,
guardians, or persons in parental relation to each student of the
school; provided, howeVer, that if a child enrolls after the beginning
of the school year, notice shall be provided within one week of such

enrollment. Notice may be provided as a single notice for multiple
students living in the same household.

Sixth, it requires all school districts, beginning on July 1 2024, to
maintain the model content through their website or affiliated social
media presences.

Seventh, it makes clear that local schools, school districts, and the
education department are immune from civil liability for any damages
allegedly caused by, arising out of, or relating to notice if the entity
provided notice using the model language provided to it provided by the
department.

Section 2 sets the effective date.

 
JUSTIFICATION:

While New York has made important strides in passing gun-safety laws
related to the safe storage of firearms and child access prevention,
public awareness of the details of these laws remains comparatively low.
Increasing public awareness of gun-safety laws is especially relevant
for parents and parental guardians of students in school districts
across the state. Having up-to-date information can create safer commu-
nities and keep parents and parental guardians informed of gun-safety
laws pertinent to their daily lives.1

This legislation works to standardize and make accessible laws and
information related to safe storage of firearms and child access
prevention for parents and parental guardians by requiring the state
education department to develop and update model content outlining
current gun-safety laws. The model content shall also include any county
and/or local laws related to child access prevention and the safe stor-
age of firearms submitted to the department from each county. It then
requires all school districts to establish policies and procedures for
delivering the model content to parents and parental guardians of each
student.

Starting on July 1, 2024, every school district shall disseminate notice
of the model content to every parent or parental guardian of the
students of the school at the beginning of the first semester or quarter
of the regular school year. Every school district shall also maintain
the model content on their website and/or affiliated social media pres-
ences.

Local schools, school districts, and the education department are immune
from civil liability for any damages allegedly caused by, arising out
of, or relating to notice if the entity provides notice using the model
content provided by the department.

The purpose of this legislation is to ensure that all parents, guardi-
ans, and persons in parental relation to students are kept up-to-date
with written and online information of current child access prevention
laws and laws related to the safe storage of firearms. By requiring the
education department to prepare such model content, and requiring all
school districts to develop policies for disseminating such model
content, parents and parental guardians of students across the state of
New York will be sufficiently informed of laws that ensure their chil-
dren's safety.
 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.
1 As one scholar explains, public legal education "provides people with
awareness, knowledge and understanding of rights and legal issues,
together with the confidence and skills they need to deal with disputes
and gain access to justice ... and recognize when they may need support
... and how to go about getting it. see Richard Grimes, PUBLIC LEGAL
EDUCATION - THE ROLE OF LAW SCHOOLS IN BUILDING A MORE LEGALLY LITERATE
SOCIETY (2021).