Bill Text: NY A04872 | 2025-2026 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced) 2025-02-06 - referred to higher education [A04872 Detail]

Download: New_York-2025-A04872-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4872

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                    February 6, 2025
                                       ___________

        Introduced  by  M.  of  A.  McMAHON,  McDONOUGH,  SIMON -- read once and
          referred 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:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  "Beau's law".
     3    §  2.  The  education law is amended by adding a new section 6438-d to
     4  read as follows:
     5    § 6438-d. Parent, guardian, or emergency contact notification of alco-
     6  hol or controlled substance violations. 1.   Beginning  with  the  first
     7  academic  year  following  the  effective  date  of  this section, every
     8  college or other institution of higher  education  pursuant  to  section
     9  sixty-four hundred thirty of this article shall make publicly accessible
    10  its  policy  on notification of a parent, guardian, or emergency contact
    11  of a violation by a student under the age of twenty-one for the  use  or
    12  possession  of  alcohol  or a controlled substance.  Such violations may
    13  include but shall not be limited to,  rule  infractions,  violations  of
    14  federal, state, or local law, or controlled substance or alcohol related
    15  hospitalizations or overdoses.
    16    2.  All such colleges and other institutions of higher education shall
    17  conduct regular training on the provisions  of  the  Family  Educational
    18  Rights  and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) that
    19  such colleges and other institutions of higher education  deem  relevant
    20  to their policies on the notification of a parent, guardian, or emergen-
    21  cy  contact  of a violation by a student under the age of twenty-one for
    22  the use or possession of alcohol or a  controlled  substance.  Provided,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02969-01-5
        A. 4872                             2

     1  however,  these trainings shall include information on the provisions of
     2  FERPA (20 U.S.C. § 1232g; 34  CFR  Part   99.36) related to  health  and
     3  safety  emergencies  and  its  impact on such colleges' or institutions'
     4  response to student alcohol or controlled substance related hospitaliza-
     5  tions  or  overdoses.    These  trainings  shall  be  conducted for such
     6  colleges' and institutions' administration and staff  with  responsibil-
     7  ities  related to FERPA compliance, student rule infractions and student
     8  discipline, controlled substance or alcohol disciplinary violations, and
     9  response to student controlled substance or alcohol related hospitaliza-
    10  tions or overdoses. Such colleges and institutions may set  the  parame-
    11  ters for such trainings and time intervals of such trainings.
    12    § 3. This act shall take effect immediately.