BILL NUMBER:S3912A

TITLE OF BILL:  An act to amend the education law, in relation to
school safety plans

PURPOSE OR GENERAL IDEA OF BILL:

This legislation will ensure that school districts formulate policies
and procedures for responding to a student where it is reasonable to
believe is at risk of harming himself or herself.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill adds a new paragraph b-1 to education law
section 2801-a.2 to require school districts to include policies and
procedures for responding to a student where it is reasonable to
believe that the student is at risk of harming himself or herself as
manifested by a threat of suicide or other conduct demonstrating that
the student is a danger to himself or herself.

Section 2 reletters paragraphs and adds a new paragraph f to education
law section 2801-a.2 to require school districts to include policies
and procedures for contacting parents, guardians or persons in
parental relation to a student of the district where it is reasonable
to believe that the student is at risk of harming himself or herself
as manifested by a threat of suicide or other conduct demonstrating
              

that the student is a danger to himself or herself.

Section 3 is the effective date.

JUSTIFICATION:

School districts and BOCES are required to establish school safety
plans ("SSPs") in accordance with education law section 2801-a. The
SSPs establish protocols and procedures in instances of crisis
intervention and emergency response and management. In addition, the
SSPs are required to have defined policies and protocols to notify
parents and/or guardians of students in such crisis and emergency
situations. While SSPs address many matters of student safety
including threats or acts of violence, bomb threats, hostage takings,
and the like, these plans do not address a student's threat to commit
suicide.

While, some school districts and BOCES have policies and protocols in
place in the event a student threatens suicide or exhibits other
conduct demonstrating the student is a danger to himself or herself,
there is no statutory requirement for a school district or BOCES to do
so. Equally as alarming is there is no requirement for a school
district or BOCES to notify a student's parent or guardian if a
student threatens suicide or exhibits such behavior.

In one instance, a student indicated her desire to commit suicide to a
teacher on the day before the school's winter break. The district
never contacted the student's parent and the parent was not made aware
of her daughter's intention until many days later. Fortunately, the
student did not follow through on her threat. However, the fact that


the parent was not made aware by the school of the daughter's
intention at the time it occurred is simply unacceptable.

This legislation would require school districts and BOCES to include,
in their already required SSPs, policies and procedures for responding
to a student where it is reasonable to believe that the student is at
risk of harm due to a threat of suicide or other behavior that
demonstrates the student is a threat to himself or herself. Moreover,
it would also require policies and procedures to ensure a parent or
guardian is made aware of the student's threat of suicide or behavior
demonstrating that the student is a risk to himself or herself in a
timely manner.

PRIOR LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect immediately.