Relates to establishing procedures for school safety where it is reasonable to believe that a student is at risk of harming him or herself as manifested by a threat of suicide or other conduct

6 Co-sponsors

• Joseph P. Addabbo Jr.
• Tony Avella
• Rich Funke
• George Latimer
• Kathleen A. Marchione
• Bill Perkins

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.