Bill Text: NY A10551 | 2023-2024 | General Assembly | Introduced


Bill Title: Enacts the student suicide prevention act; requires the governing board or body of every local educational agency serving students in grades seven to twelve, to adopt policies, procedures and guidelines on student suicide prevention, intervention and postvention for students in such grades.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-06-03 - referred to education [A10551 Detail]

Download: New_York-2023-A10551-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          10551

                   IN ASSEMBLY

                                      June 3, 2024
                                       ___________

        Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Woerner) --
          read once and referred to the Committee on Education

        AN ACT to amend the education law, in relation to enacting  the  student
          suicide prevention act

          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  the "student suicide prevention act".
     3    §  2. The education law is amended by adding a new article 2-A to read
     4  as follows:
     5                                  ARTICLE 2-A
     6                         STUDENT SUICIDE PREVENTION
     7  Section 20. Legislative intent.
     8          21. Definitions.
     9          22. Policies, procedures, and guidelines.
    10          23. Application.
    11          24. Severability and construction.
    12    § 20. Legislative intent.  The  legislature  finds  and  declares  the
    13  following:  1.    According to data from the federal Centers for Disease
    14  Control and Prevention as reported in the  year  two  thousand  sixteen,
    15  suicide  is the second leading cause of death for youth and young adults
    16  ten to twenty-four years of age, inclusive, in both  the  United  States
    17  and in New York state.
    18    2.  As  children  and  teens spend a significant amount of their young
    19  lives in school, the personnel who interact with them on a  daily  basis
    20  are  essential  gatekeepers for recognizing warning signs of suicide and
    21  making the appropriate referrals for help.
    22    3. In a national survey conducted by the Jason Foundation,  a  teacher
    23  was  identified as the number one person to whom a student would turn to
    24  help a friend who might be suicidal. It is imperative that when a  young
    25  person  comes  to  a  teacher  for help, such teacher has the knowledge,
    26  tools, and resources to respond correctly.
    27    4. In the year two thousand eighteen, the federal Centers for  Disease
    28  Control  and  Prevention  found  in  its Youth Risk Behavior Survey that

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05374-01-3

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     1  lesbian, gay, and bisexual youth are almost four times  more  likely  to
     2  seriously consider attempting suicide, have made a suicide plan, or have
     3  attempted suicide, than their heterosexual peers.
     4    5.  There  are  national  hotlines available to help adults and youth,
     5  including lesbian, gay,  bisexual,  transgender,  queer  or  questioning
     6  (LGBTQ) youth, who are experiencing suicidal ideation or who are worried
     7  about a family member or peer who may be at risk, including the National
     8  Suicide  Prevention  Lifeline,  the Crisis Text Line, the Trevor Project
     9  Lifeline, and TrevorChat.
    10    6. According to the Family  Acceptance  Project,  research  has  found
    11  that,  for  an  LGBTQ  youth,  having  at least one supportive adult can
    12  reduce the youth's risk of suicide.
    13    7. New York state schools face the serious issues of students at  high
    14  risk  of  suicide and death by suicide in the school communities. School
    15  personnel must be supported by  clear  policies  and  procedures,  which
    16  serve as an easily-accessible roadmap, eliminate confusion over educator
    17  roles  and  the  referral process, and equip educators with the tools to
    18  respond safely when a suicide does occur in the school community.
    19    § 21. Definitions. For the purposes of  this  article,  the  following
    20  terms  shall  have the following meanings: 1. "Crisis situation" means a
    21  situation where a teacher or other  local  educational  agency  employee
    22  believes  a  student  or  other  individual  is  in imminent danger of a
    23  suicide attempt.
    24    2. "LGBTQ" means individuals who identify, with regards to gender,  as
    25  being lesbian, gay, bisexual, transgender, queer or questioning.
    26    3.  "Local educational agency" means a school district, board of coop-
    27  erative educational services, school, or the education department.
    28    4. "Suicide intervention" means specific actions schools can  take  in
    29  response  to  suicidal behavior by a student, including, but not limited
    30  to:
    31    a. student supervision;
    32    b. notification of parents or guardians;
    33    c. crisis situation response protocols;
    34    d. when and how to request an immediate mental  health  assessment  or
    35  emergency services; and
    36    e.  school  re-entry  procedures  following  a  student  mental health
    37  crisis.
    38    5. "Suicide  postvention"  means  planned  support  and  interventions
    39  schools  can  implement  after  a  suicide attempt or suicide death of a
    40  member of the school community that are designed to:
    41    a. reduce the risk of the spread of suicidal thoughts or intentions;
    42    b. provide support for affected students and school-based personnel;
    43    c. address the social stigma associated with suicide; and
    44    d. disseminate factual information about suicide and its prevention.
    45    6. "Suicide prevention" means specific actions  schools  can  take  to
    46  recognize and reduce suicidal behavior, including, but not limited to:
    47    a.  identifying  risks  and protective factors for suicide and suicide
    48  warning signs;
    49    b. establishing a process by which students are referred to  a  mental
    50  and behavioral health provider for help;
    51    c.  making  available  school-based  and community-based mental health
    52  supports;
    53    d. providing the location of available online  and  community  suicide
    54  prevention resources, including local crisis centers and hotlines;

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     1    e.  adopting  policies  and  protocols  regarding  suicide prevention,
     2  intervention, and postvention, school safety,  and  response  to  crisis
     3  situations;
     4    f.  training  for school personnel who interact directly with students
     5  in recognizing suicide risks and warning signs and how to refer students
     6  for further assessment and evaluation; and
     7    g. instruction to students in problem-solving  and  coping  skills  to
     8  promote  students'  mental, emotional, and social health and well-being,
     9  and instruction in recognizing and appropriately responding to signs  of
    10  suicidal intent in others.
    11    §  22. Policies, procedures, and guidelines. 1. The governing board or
    12  body of every local educational agency that serves  students  in  grades
    13  seven  to  twelve, inclusive, shall, before the first day of August, two
    14  thousand twenty-three, adopt policies,  procedures,  and  guidelines  on
    15  student  suicide  prevention, intervention, and postvention for students
    16  in such grades. Such  policies,  procedures,  and  guidelines  shall  be
    17  developed  in  consultation  with  school  and  community  stakeholders,
    18  school-employed mental  health  professionals,  and  suicide  prevention
    19  experts, and shall include, but not be limited to:
    20    a.  methods  to increase awareness of the relationship between suicide
    21  and suicide risk factors including, but not limited to:
    22    i. mental health and substance use conditions;
    23    ii. childhood abuse, neglect, or trauma;
    24    iii. prolonged stress, including individual experiences such as bully-
    25  ing, harassment, family or relationship stress, or other stressful  life
    26  events,  as  well  as  collective  stressors  such  as systemic bias and
    27  discrimination;
    28    iv. exposure to another person's suicide, or sensationalized or graph-
    29  ic accounts of suicide; and
    30    v. previous suicide attempts or history of suicide within a  student's
    31  family;
    32    b.  identification  of  training  opportunities on recognizing suicide
    33  risks, and referral procedures available to school employees;
    34    c. availability of expertise  from  school  employees  who  have  been
    35  trained in recognizing suicide risks, and referral procedures;
    36    d.  how  school  employees  should  respond to suspicion, concerns, or
    37  warning signs of suicide in students;
    38    e. how school employees should respond to a crisis situation  where  a
    39  student is in imminent danger to himself or herself;
    40    f.  policies  and  protocols for communication with parents, including
    41  those that specify what to do if parental notification  is  not  in  the
    42  best interest of the student;
    43    g.  counseling  services  available within the school for students and
    44  their families that are related to suicide prevention;
    45    h. availability of  information  concerning  crisis  situation  inter-
    46  vention, suicide prevention, and mental health services in the community
    47  for students and their families and school employees;
    48    i.  identification  and  development  of  partnerships  with community
    49  organizations and agencies for referral of students  to  health,  mental
    50  health,  substance  use, and social support services, including develop-
    51  ment of at least one  memorandum  of  understanding  between  the  local
    52  education  agency and such an organization or agency in the community or
    53  region;
    54    j. development of a culturally competent plan to assist  survivors  of
    55  attempted  suicide and to assist students and school employees in coping

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     1  with an attempted suicide or a suicide death within the school  communi-
     2  ty; and
     3    k.  development  of any other related program or activity for students
     4  or school employees.
     5    2. The policies, procedures, and guidelines adopted pursuant to subdi-
     6  vision one of this section shall specifically address the needs of high-
     7  risk groups, including, but not limited to, the following:
     8    a. youth who have lost a friend or family member to suicide;
     9    b. youth with disabilities or with chronic health conditions,  includ-
    10  ing mental health and substance use conditions;
    11    c. youth experiencing homelessness or in out-of-home settings, such as
    12  foster care; and
    13    d. LGBTQ youth.
    14    3. The policies, procedures, and guidelines adopted pursuant to subdi-
    15  vision  one  of  this  section  shall be written to ensure that a school
    16  employee acts only within the authorization and scope of such employee's
    17  credential or license.  Nothing in this section shall  be  construed  as
    18  authorizing or encouraging a school employee to diagnose or treat mental
    19  health  conditions  unless  such  employee  is specifically licensed and
    20  employed to do so.
    21    4. Notwithstanding any other provision of  law  to  the  contrary,  no
    22  cause  of action may be brought for any loss or damage caused by any act
    23  or omission resulting from the implementation of the provisions of  this
    24  article,  or  resulting from any training, or lack of training, required
    25  by this article. Nothing in this article shall be  construed  to  impose
    26  any specific duty of care.
    27    5.  To  assist  local  educational agencies in developing policies for
    28  student suicide prevention, the department shall  develop  and  maintain
    29  model  policies,  procedures,  and  guidelines  in  accordance with this
    30  section to serve as a guide for local educational agencies.  Such  model
    31  policies,  procedures, and guidelines shall be posted within thirty days
    32  of their completion on the department's  internet  website,  along  with
    33  relevant  resources and information to support schools in developing and
    34  implementing the policies, procedures,  and  guidelines  required  under
    35  subdivision one of this section.
    36    6.  The  governing  board  or  body of a local educational agency that
    37  serves students in grades seven to twelve, inclusive, shall  review,  at
    38  minimum  every  fifth year following the effective date of this article,
    39  its policies, procedures, and guidelines on student  suicide  prevention
    40  and, if necessary, update such policies, procedures, and guidelines.
    41    §  23.  Application. The provisions of this article shall apply to all
    42  private and public educational institutions in New York state.
    43    § 24. Severability and construction. The provisions  of  this  article
    44  shall  be severable, and if any court of competent jurisdiction declares
    45  any phrase, clause, sentence or provision of this article to be invalid,
    46  or its applicability to any government agency, person or circumstance is
    47  declared invalid, the remainder of this article and its relevant  appli-
    48  cability  shall not be affected. The provisions of this article shall be
    49  liberally construed to give effect to the purposes thereof.
    50    § 3. This act shall take effect immediately.
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