Bill Text: NY S06537 | 2023-2024 | General Assembly | Amended


Bill Title: Decreases the frequency of lock-down drills in schools; directs that such drills shall be implemented with a trauma-informed approach; permits parents to opt their children out of such drills.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Engrossed) 2024-05-08 - PRINT NUMBER 6537A [S06537 Detail]

Download: New_York-2023-S06537-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6537--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                     April 26, 2023
                                       ___________

        Introduced  by  Sens. GOUNARDES, HARCKHAM, HOYLMAN-SIGAL, MYRIE, WEBB --
          read twice and ordered printed, and when printed to  be  committed  to
          the  Committee  on Education -- recommitted to the Committee on Educa-
          tion in accordance with Senate Rule 6, sec. 8 -- 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:

     1    Section 1. Subdivision 1 of section  807  of  the  education  law,  as
     2  amended  by  section  2  of part B of chapter 54 of the laws of 2016, is
     3  amended to read as follows:
     4    1. It shall be the duty of the principal or other person in charge  of
     5  every  public  or  private  school or educational institution within the
     6  state, other than colleges or universities, to instruct  and  train  the
     7  pupils  by  means  of  drills, so that they may in a sudden emergency be
     8  able to respond appropriately in the shortest possible time and  without
     9  confusion  or  panic.  Such  drills  shall be held at least [twelve] ten
    10  times in each school year, [eight] six of which required drills shall be
    11  held between September first and  December  thirty-first  of  each  such
    12  year. Eight of all such drills shall be evacuation drills, four of which
    13  shall be through use of the fire escapes on buildings where fire escapes
    14  are provided or through the use of identified secondary means of egress.
    15  [Four  of  all  such]  Two  required  drills  shall be lock-down drills.
    16  Drills shall be conducted at different times of the school  day.  Pupils
    17  shall  be instructed in the procedure to be followed in the event that a
    18  fire occurs during the lunch period or assembly, provided however,  that
    19  such  additional  instruction may be waived where a drill is held during
    20  the regular school lunch period  or  assembly.  Four  additional  drills
    21  shall  be  held  in  each  school year during the hours after sunset and
    22  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.
                                                                   LBD10751-07-4

        S. 6537--A                          2

     1  sleeping  accommodations.  At  least two additional drills shall be held
     2  during summer school in buildings where summer school is conducted,  and
     3  one of such drills shall be held during the first week of summer school.
     4    §  2.  Section  807  of  the  education law is amended by adding a new
     5  subdivision 2-a to read as follows:
     6    2-a. (a) In implementing the lock-down drills described in subdivision
     7  one of this section, it shall be the duty of the board of  education  or
     8  school board or other body having control of the schools in any district
     9  or  city  to  adopt  a building-level emergency response plan consistent
    10  with the provisions of section twenty-eight hundred one-a of this  chap-
    11  ter which includes a trauma-informed, developmentally, and age-appropri-
    12  ate  approach  to  the  design and execution of such drills, which shall
    13  stipulate that:
    14    (i) notice to parents and guardians of students of when the  lock-down
    15  drill will be held, at least seven days in advance of such drill;
    16    (ii)  drills  shall  not  include props, actors, simulations, or other
    17  tactics intended to mimic an incident of violence or other emergency;
    18    (iii) an announcement at the time that such drill  is  conducted  that
    19  the activities being conducted are a drill; and
    20    (iv)  schools  shall incorporate strategies and techniques to accommo-
    21  date students, on an individualized basis and in a manner deemed  appro-
    22  priate  by the school, who may need extra support during such drills, as
    23  such needs may have been reported to the school by a parent and/or guar-
    24  dian or otherwise flagged by school personnel.  Nothing in this subdivi-
    25  sion shall infringe on any federal or state laws which protect students.
    26    (b) All boards of education or school boards or  other  bodies  having
    27  control of the schools in any district or city shall incorporate as part
    28  of  the annual school safety staff prescribed in paragraph h of subdivi-
    29  sion two of section twenty-eight hundred one-a of this chapter  guidance
    30  on:
    31    (i)  how  to conduct such drills in a variety of classrooms, including
    32  those with physical limitations such as windowed walls;
    33    (ii) what information  should  be  communicated  to  students  before,
    34  during, and after such drill; and
    35    (iii)  any  other  information  that  the  board  or  body sees fit to
    36  include.  All teachers, administrators, and school personnel subject  to
    37  a  lock-down  drill  shall  be notified of such drill in advance of such
    38  drill occurring and shall be notified of such drill's expected length of
    39  time.
    40    § 3. This act shall take effect on the first of July  next  succeeding
    41  the  date  upon which it shall have become a law. Effective immediately,
    42  the addition, amendment and/or repeal of any rule or  regulation  neces-
    43  sary  for  the  implementation  of  this  act  on its effective date are
    44  authorized to be made and completed on or before such effective date.
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