Relates to alerting all public and non-public schools of the state in the event of a general threat of a terroristic nature against a single, multiple or all of the schools of the state; requires the school safety team to designate an individual to notify the education department in the event the school district receives a general threat of harm against any school or schools within the district or anywhere in the state.

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S1057-2013 Actions

• Jan 9, 2013: REFERRED TO EDUCATION

S1057-2013 Memo

BILL NUMBER:S1057

TITLE OF BILL:
An act
to amend the education law, in relation to alerting all public and
non-public schools of the state in the event of a general threat against
the schools of the state

PURPOSE:
This bill directs the commissioner of education to notify all public
and nonpublic schools of any general threat of harm made against a
school or schools.

SUMMARY OF PROVISIONS:
Section 1 of the bill adds a new section 319 of the education law
requiring the commissioner of education to notify all public and
nonpublic schools of any general threat of harm made against single,
multiple or all schools of the state. Further, the commissioner shall
maintain updated contact information for all nonpublic schools in the
state and shall develop additional protocols necessary to ensure
timely notification to public and nonpublic schools when a threat is
received.

Section 2 of the bill adds a new subdivision 3-a to section 2801-a of
the education law to require the school safety team to designate an
individual to notify the State Education Department in the event the
school district receives a general threat of harm against any school
or schools within the district or anywhere in the state.

JUSTIFICATION:
On January 23, 2003, the New York State Police were informed by
Arkansas police officials that a general threat of a "Columbine-type"
shooting spree had been made in an Internet chat room that would take
place that day in an unspecified New York State school. Upon
notification, the NYS Education Department issued a statewide warning
of school violence to all the public school districts across the state.

Many public schools in response, decided to put in place their
emergency response plans and "locked down" their buildings; some
canceled after-school activities as a precaution, or were on
heightened alert. Unfortunately, many nonpublic schools were not made
aware of the general threat and therefore went about the day in their
usual fashion. Some nonpublic schools did receive notification if
they were affiliated with certain organizations that were notified.

While the State Education Department had a plan in place to notify
public schools, there is no such plan for the notification of nonpublic
schools. One of the problems that came to light after this event, was
the Department does not have a listing of all nonpublic schools. Only
those nonpublic schools registered with the Department are known
entities. Therefore, the Department did not have the capacity to
notify many nonpublic schools. Administrators at these schools did
not learn of the situation until they read it in the newspaper or
heard it on their local news station.


Consequently, this bill seeks to address this situation by requiring
the Department to develop a protocol for notifying both public and
nonpublic schools, in a timely fashion, of a general threat of harm
against a school or schools. In our current climate, threats do need
to be taken seriously and all students need to be protected to the
extent possible. However, schools cannot take appropriate precautions
unless they are duly notified of a threat. Nonpublic schools can be a
target as can be a public school. It is important that a system be
established to allow for timely notification of all schools in New
York State, public and nonpublic, when a general threat of harm is
made.

LEGISLATIVE HISTORY:
S.4597 of 2003/2004; Referred to Senate Education Committee
S.111/A.1817 of 2005/2006 Referred to Senate Education Committee
S.103 of 2007/2008; Referred to Senate Education Committee
S.314/A.818 of 2009/2010; Referred to Education
S.172/A.2222 of 2011/2012; Referred to Education

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

S1057-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    1057

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sens.  MAZIARZ,  DeFRANCISCO  --  read twice and ordered
    printed, and when printed to be committed to the Committee  on  Educa-
    tion

  AN  ACT  to  amend the education law, in relation to alerting all public
    and non-public schools of the state in the event of a  general  threat
    against the schools of the state

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. The education law is amended by adding a new section 319 to
  read as follows:

    S 319. SCHOOL SAFETY ALERT. THE COMMISSIONER OR HIS OR HER  AUTHORIZED
  DESIGNEE  SHALL  DESIGNATE AN INDIVIDUAL TO RECEIVE INFORMATION RELATING
  TO A GENERAL THREAT OF HARM MADE AGAINST A SINGLE, MULTIPLE  OR  ALL  OF
  THE  SCHOOLS  OF THE STATE.   FOLLOWING THE RECEIPT OF SUCH INFORMATION,
  THE COMMISSIONER OR HIS OR HER  AUTHORIZED  DESIGNEE  SHALL  NOTIFY  ALL
  PUBLIC  AND  NON-PUBLIC  SCHOOLS OF THE STATE OF THE THREAT. THE COMMIS-
  SIONER OR HIS OR HER AUTHORIZED DESIGNEE SHALL MAINTAIN UPDATED  CONTACT
  INFORMATION  FOR  ALL  NON-PUBLIC  SCHOOLS LOCATED WITHIN THE STATE, AND
  SHALL DEVELOP ADDITIONAL PROTOCOL TO ENSURE TIMELY NOTIFICATION PURSUANT
  TO THIS SECTION.
    S 2. Section 2801-a of the education law is amended by  adding  a  new
  subdivision 3-a to read as follows:

    3-A.  THE  SCHOOL  SAFETY TEAM SHALL DESIGNATE AN INDIVIDUAL TO NOTIFY
  THE DEPARTMENT, PURSUANT TO THE  PROVISIONS  OF  SECTION  THREE  HUNDRED
  NINETEEN OF THIS CHAPTER, IN THE EVENT THAT THE SCHOOL DISTRICT RECEIVES
  INFORMATION  RELATING TO A GENERAL THREAT OF HARM MADE AGAINST A SINGLE,
  MULTIPLE OR ALL OF THE SCHOOLS OF THE STATE.
    S 3. This act shall take effect immediately.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01942-01-3