NY State Senate Bill 2023-S9173

Senate Bill S9173

2023-2024 Legislative Session

Requires each college to make publicly available its policy on notifying the parent, guardian, or emergency contact of a student under twenty-one of certain controlled substance or alcohol violations

download bill text pdf

Current Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 02, 2024	referred to higher education

2023-S9173 (ACTIVE) - Details

See Assembly Version of this Bill:: A10046
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add §6438-d, Ed L

2023-S9173 (ACTIVE) - Summary

Requires each college and institution of higher education to make publicly available its policy on notifying the parent, guardian, or emergency contact of a student under twenty-one of certain controlled substance and alcohol violations, including rule infractions, and controlled substance or alcohol related hospitalizations or overdoses; requires such colleges and institutions to conduct regular training on the Family Educational Rights and Privacy Act.

2023-S9173 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9173

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the education law, in relation to requiring each college
and other institution of higher education to make publicly available its
policy on notifying the parent, guardian, or emergency contact of a
student under twenty-one years old of certain controlled substance or
alcohol violations

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill aims to increase transparency between higher education insti-
tutions and the public regarding their policy on notifying a parent or
guardian of a drug or alcohol violation by a student under the age of
twenty-one.

 
SUMMARY OF PROVISIONS:

This bill introduces 6438-d to the education law.

Section 1 establishes the short title of "Beau's Law."

Section 2 stipulates that every college or other institution of higher
education must make publicly accessible its policy on notification of a
parent, guardian, or emergency contact in the case of a drug or alcohol
violation by a student under the age of twenty-one. It also outlines
that all colleges and higher education institutions shall conduct regu-
lar training on the provisions of FERPA related to parental drug and
alcohol notification and may set the parameters for such training.

Section 3 is the enacting clause.

 
JUSTIFICATION:

On average, in the United States, 60% of full-time college students
consume alcohol, 39% of whom partake in binge drinking. 20% of full-time
students use cannabis, and the use of other illicit drugs has been on
the rise in recent years. When it comes to substance consumption for
those under the age of twenty-one, the problem only worsens. In 2022,
Beau Miller, an 18-year-old college student, died from an accidental
overdose. Suffering from an addiction problem, he had not been attending
classes and when dismissed, poor attendance was the only reason listed.
Prior to his death, he had to be resuscitated on multiple occasions. At
no point did the school inform his parents that anything was wrong, and
it was only when it was too late that they were made aware of pre-exist-
ing issues from his friends.

This bill, named 'Beau's Law' in his honor, sets out guidelines to
improve transparency as to what each higher education institution's
policy is on whether a parent or guardian will be notified of an alcohol
or drug violation by an underage student. By requiring colleges to make
their guidelines publicly accessible, this enables underage students to
be fully informed as to what the steps are after a rule violation of
this nature and to give parents full transparency over what their expec-
tations should be. Each college has autonomy over what rules to set in
place regarding parental notification, but this bill works towards
increased accountability and better communication.
 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S9173 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9173
 
                             I N  S E N A T E
 
                                May 2, 2024
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education
 
 AN ACT to amend the education law, in relation to requiring each college
   and  other  institution of higher education to make publicly available
   its policy on notifying the parent, guardian, or emergency contact  of
   a  student  under twenty-one years old of certain controlled substance
   or alcohol violations
 
   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
 "Beau's law".
   § 2. The education law is amended by adding a new  section  6438-d  to
 read as follows:
   § 6438-D. PARENT, GUARDIAN, OR EMERGENCY CONTACT NOTIFICATION OF ALCO-
 HOL  OR  CONTROLLED  SUBSTANCE VIOLATIONS. 1.   BEGINNING WITH THE FIRST
 ACADEMIC YEAR FOLLOWING  THE  EFFECTIVE  DATE  OF  THIS  SECTION,  EVERY
 COLLEGE  OR  OTHER  INSTITUTION  OF HIGHER EDUCATION PURSUANT TO SECTION
 SIXTY-FOUR HUNDRED THIRTY OF THIS ARTICLE SHALL MAKE PUBLICLY ACCESSIBLE
 ITS POLICY ON NOTIFICATION OF A PARENT, GUARDIAN, OR  EMERGENCY  CONTACT
 OF  A  VIOLATION BY A STUDENT UNDER THE AGE OF TWENTY-ONE FOR THE USE OR
 POSSESSION OF ALCOHOL OR A CONTROLLED SUBSTANCE.   SUCH  VIOLATIONS  MAY
 INCLUDE  BUT  SHALL  NOT  BE LIMITED TO, RULE INFRACTIONS, VIOLATIONS OF
 FEDERAL, STATE, OR LOCAL LAW, OR CONTROLLED SUBSTANCE OR ALCOHOL RELATED
 HOSPITALIZATIONS OR OVERDOSES.
   2. ALL SUCH COLLEGES AND OTHER INSTITUTIONS OF HIGHER EDUCATION  SHALL
 CONDUCT  REGULAR  TRAINING  ON  THE PROVISIONS OF THE FAMILY EDUCATIONAL
 RIGHTS AND PRIVACY ACT (FERPA) (20 U.S.C. § 1232G; 34 CFR PART 99)  THAT
 SUCH  COLLEGES  AND OTHER INSTITUTIONS OF HIGHER EDUCATION DEEM RELEVANT
 TO THEIR POLICIES ON THE NOTIFICATION OF A PARENT, GUARDIAN, OR EMERGEN-
 CY CONTACT OF A VIOLATION BY A STUDENT UNDER THE AGE OF  TWENTY-ONE  FOR
 THE  USE  OR  POSSESSION OF ALCOHOL OR A CONTROLLED SUBSTANCE. PROVIDED,
 HOWEVER, THESE TRAININGS SHALL INCLUDE INFORMATION ON THE PROVISIONS  OF
 FERPA  (20  U.S.C.  § 1232G; 34  CFR  PART  99.36) RELATED TO HEALTH AND
 SAFETY EMERGENCIES AND ITS IMPACT ON  SUCH  COLLEGES'  OR  INSTITUTIONS'
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13618-07-4
 S. 9173                             2

 RESPONSE TO STUDENT ALCOHOL OR CONTROLLED SUBSTANCE RELATED HOSPITALIZA-
 TIONS  OR  OVERDOSES.    THESE  TRAININGS  SHALL  BE  CONDUCTED FOR SUCH
 COLLEGES' AND INSTITUTIONS' ADMINISTRATION AND STAFF  WITH  RESPONSIBIL-
 ITIES  RELATED TO FERPA COMPLIANCE, STUDENT RULE INFRACTIONS AND STUDENT
 DISCIPLINE, CONTROLLED SUBSTANCE OR ALCOHOL DISCIPLINARY VIOLATIONS, AND
 RESPONSE TO STUDENT CONTROLLED SUBSTANCE OR ALCOHOL RELATED HOSPITALIZA-
 TIONS OR OVERDOSES. SUCH COLLEGES AND INSTITUTIONS MAY SET  THE  PARAME-
 TERS FOR SUCH TRAININGS AND TIME INTERVALS OF SUCH TRAININGS.
   § 3. This act shall take effect immediately.

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