S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2821
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2023
                                ___________
 
 Introduced by M. of A. BRONSON, SEAWRIGHT, FAHY, EPSTEIN, LAVINE, SIMON,
   DAVILA, GLICK -- read once and referred to the Committee on Education
 
 AN  ACT to amend the education law, in relation to enacting the "Trevyan
   Rowe child and young teen mental health community safety act"

   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 article 2-A to
 read as follows:
                                ARTICLE 2-A
                     CHILD & YOUNG TEEN MENTAL HEALTH
 SECTION 20. SHORT TITLE.
         21. DEFINITIONS.
         22. CHILD AND YOUNG TEEN MENTAL HEALTH AND COMMUNITY SAFETY.
         23. REPORTING.
         24. COMMISSION.
   § 20. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE
 "TREVYAN ROWE CHILD AND YOUNG TEEN MENTAL HEALTH COMMUNITY SAFETY ACT".
   § 21. DEFINITIONS.  FOR  THE  PURPOSES  OF THIS SECTION, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "HARASSMENT" AND "BULLYING" SHALL MEAN THE CREATION  OF  A  HOSTILE
 ENVIRONMENT  BY  CONDUCT OR BY THREATS, INTIMIDATION OR ABUSE, INCLUDING
 CYBERBULLYING, THAT (A) HAS OR WOULD HAVE THE EFFECT OF UNREASONABLY AND
 SUBSTANTIALLY INTERFERING  WITH  A  STUDENT'S  EDUCATIONAL  PERFORMANCE,
 OPPORTUNITIES  OR BENEFITS, OR MENTAL, EMOTIONAL OR PHYSICAL WELL-BEING;
 OR (B) REASONABLY CAUSES OR WOULD REASONABLY  BE  EXPECTED  TO  CAUSE  A
 STUDENT TO FEAR FOR HIS OR HER PHYSICAL SAFETY; OR (C) REASONABLY CAUSES
 OR  WOULD  REASONABLY  BE EXPECTED TO CAUSE PHYSICAL INJURY OR EMOTIONAL
 HARM TO A STUDENT; OR (D) OCCURS OFF  SCHOOL  PROPERTY  AND  CREATES  OR
 WOULD  FORESEEABLY  CREATE  A  RISK OF SUBSTANTIAL DISRUPTION WITHIN THE
 SCHOOL ENVIRONMENT, WHERE IT IS FORESEEABLE THAT THE  CONDUCT,  THREATS,
 INTIMIDATION  OR  ABUSE  MIGHT REACH SCHOOL PROPERTY. ACTS OF HARASSMENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01789-01-3
              

 A. 2821                             2
 
 AND BULLYING SHALL INCLUDE, BUT NOT BE LIMITED TO, THOSE ACTS BASED ON A
 PERSON'S ACTUAL OR  PERCEIVED  RACE,  COLOR,  WEIGHT,  NATIONAL  ORIGIN,
 ETHNIC  GROUP,  RELIGION,  RELIGIOUS PRACTICE, DISABILITY, SEXUAL ORIEN-
 TATION,  GENDER  OR  SEX.  FOR  THE PURPOSES OF THIS DEFINITION THE TERM
 "THREATS, INTIMIDATION OR ABUSE" SHALL  INCLUDE  VERBAL  AND  NON-VERBAL
 ACTIONS.
   2.  "CYBERBULLYING"  SHALL  MEAN  HARASSMENT OR BULLYING AS DEFINED IN
 SUBDIVISION ONE OF THIS SECTION, INCLUDING PARAGRAPHS (A), (B), (C)  AND
 (D)  OF  SUCH  SUBDIVISION,  WHERE  SUCH  HARASSMENT  OR BULLYING OCCURS
 THROUGH ANY FORM OF ELECTRONIC COMMUNICATION.
   3. "SCHOOL PROPERTY" SHALL MEAN IN OR WITHIN ANY BUILDING,  STRUCTURE,
 ATHLETIC PLAYING FIELD, PLAYGROUND, PARKING LOT, OR LAND CONTAINED WITH-
 IN  THE  REAL PROPERTY BOUNDARY LINE OF A PUBLIC ELEMENTARY OR SECONDARY
 SCHOOL; OR IN OR ON A SCHOOL BUS, AS  DEFINED  IN  SECTION  ONE  HUNDRED
 FORTY-TWO OF THE VEHICLE AND TRAFFIC LAW.
   4.  "DISABILITY"  SHALL MEAN (A) A PHYSICAL, MENTAL OR MEDICAL IMPAIR-
 MENT RESULTING FROM ANATOMICAL, PHYSIOLOGICAL, GENETIC  OR  NEUROLOGICAL
 CONDITIONS WHICH PREVENTS THE EXERCISE OF A NORMAL BODILY FUNCTION OR IS
 DEMONSTRABLE  BY  MEDICALLY  ACCEPTED  CLINICAL OR LABORATORY DIAGNOSTIC
 TECHNIQUES; (B) A RECORD OF SUCH  AN  IMPAIRMENT;  OR  (C)  A  CONDITION
 REGARDED BY OTHERS AS SUCH AN IMPAIRMENT.
   5.  "SEXUAL ORIENTATION" SHALL MEAN ACTUAL OR PERCEIVED HETEROSEXUALI-
 TY, HOMOSEXUALITY OR BISEXUALITY.
   6. "GENDER" SHALL MEAN ACTUAL OR PERCEIVED SEX  AND  SHALL  INCLUDE  A
 PERSON'S GENDER IDENTITY OR EXPRESSION.
   7.  "RACE"  SHALL,  FOR  THE  PURPOSES  OF THIS ARTICLE INCLUDE TRAITS
 HISTORICALLY ASSOCIATED WITH RACE, INCLUDING BUT NOT  LIMITED  TO,  HAIR
 TEXTURE  AND  PROTECTIVE HAIRSTYLES AS DEFINED BY SECTION ELEVEN OF THIS
 TITLE.
   8. "AT-RISK CHILDREN OR YOUNG TEENAGERS" SHALL MEAN CHILDREN OR  TEEN-
 AGERS SEVENTEEN YEARS OF AGE OR YOUNGER WHO (A) HAVE A DISABILITY OR WHO
 IDENTIFY  AS LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER, GENDER NON-CON-
 FORMING; AND (B) ARE IN NEED OF MENTAL OR BEHAVIORAL HEALTH SUPPORT  DUE
 TO  ANXIETY,  TRAUMA,  HARASSMENT OR BULLYING, PHYSICAL OR MENTAL ABUSE,
 SUICIDAL IDEATION, OR SELF-HARM.
   9. "POLICE OFFICER" SHALL HAVE THE SAME MEANING AS DEFINED BY SUBDIVI-
 SION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
   10. "PEACE OFFICER" SHALL MEAN A PERSON LISTED IN SECTION 2.10 OF  THE
 CRIMINAL PROCEDURE LAW.
   § 22. CHILD  AND YOUNG TEEN MENTAL HEALTH AND COMMUNITY SAFETY. 1. THE
 BOARD OF EDUCATION AND THE TRUSTEES OR  SOLE  TRUSTEE  OF  EVERY  SCHOOL
 DISTRICT  SHALL  CREATE  POLICIES, PROCEDURES, AND GUIDELINES, INCLUDING
 PREVENTION, INTERVENTION, AND POSTVENTION PLANNING TO  DIRECT  TEACHERS,
 SCHOOL  ADMINISTRATORS,  SCHOOL  SAFETY STAFF, BUS DRIVERS, OTHER SCHOOL
 DISTRICT EMPLOYEES, SOCIAL WORKERS, POLICE OFFICERS, AND PEACE  OFFICERS
 ON  HOW  TO  RESPOND  TO  CHILDREN OR YOUNG TEENAGERS, INCLUDING BUT NOT
 LIMITED TO AT-RISK CHILDREN OR YOUNG TEENAGERS, WHO HAVE:
   (A) DEMONSTRATED SUICIDAL IDEATION,  INTENTIONS,  OR  INFLICTED  SELF-
 HARM;
   (B) BEEN VICTIMS OF HARASSMENT OR BULLYING; AND/OR
   (C)  WITHOUT  PERMISSION,  WANDERED OR ELOPED FROM SCHOOL PROPERTY, OR
 THREATENED TO DO SO.
   2. IN CREATING THE POLICIES, PROCEDURES, AND  GUIDELINES  PURSUANT  TO
 SUBDIVISION  ONE  OF THIS SECTION, A BOARD OF EDUCATION AND THE TRUSTEES
 OR SOLE TRUSTEE OF A SCHOOL DISTRICT  SHALL  COORDINATE  WITH  PEDIATRIC
 MENTAL  AND BEHAVIORAL HEALTH SERVICES PROVIDERS, COMMUNITY HEALTH AGEN-
 A. 2821                             3
 
 CIES, LOCAL LAW ENFORCEMENT AND PUBLIC SAFETY AGENCIES,  AND  ANY  OTHER
 LOCAL  MUNICIPAL  AGENCY  OFFERING  RELEVANT MENTAL OR BEHAVIORAL HEALTH
 SERVICES.
   3.  UPON CREATION OF THE POLICIES, PROCEDURES, AND GUIDELINES PURSUANT
 TO SUBDIVISION ONE OF THIS SECTION, AND ANNUALLY THEREAFTER, A BOARD  OF
 EDUCATION  OF  A  SCHOOL DISTRICT SHALL DISTRIBUTE SUCH POLICIES, PROCE-
 DURES, AND GUIDELINES TO ALL  TEACHERS,  SCHOOL  ADMINISTRATORS,  SCHOOL
 SAFETY  STAFF, BUS DRIVERS, AND OTHER EMPLOYEES OF SUCH SCHOOL DISTRICT,
 AND ANY LOCAL SOCIAL SERVICES AGENCIES, AND LOCAL  LAW  ENFORCEMENT  AND
 PUBLIC SAFETY AGENCIES.
   § 23. REPORTING. THE COMMISSIONER SHALL CREATE A PROCEDURE UNDER WHICH
 BOARDS OF EDUCATION OF EVERY SCHOOL DISTRICT SHALL REPORT TO THE DEPART-
 MENT  ANNUALLY  ON  THE  POLICIES,  PROCEDURES, AND GUIDELINES DEVELOPED
 PURSUANT TO SUBDIVISION ONE OF SECTION TWENTY-TWO OF THIS  ARTICLE.  THE
 COMMISSIONER  MAY  COMPLY  WITH THE REQUIREMENTS OF THIS SECTION THROUGH
 USE OF THE EXISTING UNIFORM  VIOLENT  INCIDENT  REPORTING  SYSTEM  UNDER
 SECTION  TWENTY-EIGHT  HUNDRED TWO OF THIS CHAPTER, AND/OR THE REPORTING
 REQUIREMENTS FOR  HARASSMENT,  BULLYING  AND  DISCRIMINATION  ON  SCHOOL
 GROUNDS OR AT A SCHOOL FUNCTION UNDER SECTION FIFTEEN OF THIS TITLE.
   § 24. COMMISSION.  1.  THERE  IS  HEREBY  CREATED  IN THE DEPARTMENT A
 "COMMISSION ON CHILD AND YOUNG TEEN MENTAL HEALTH AND COMMUNITY  SAFETY"
 TO EVALUATE THE SAFETY AND SECURITY OF CHILDREN IN PRIMARY AND SECONDARY
 PUBLIC  AND  PRIVATE SCHOOLS IN THIS STATE. THE COMMISSION, IN CONSULTA-
 TION WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES AND THE  OFFICE  OF
 MENTAL HEALTH SHALL PERFORM THE FOLLOWING DUTIES:
   (A)  EVALUATE  THE  SAFETY  AND  SECURITY  OF  STUDENTS IN PRIMARY AND
 SECONDARY PRIVATE AND PUBLIC SCHOOLS IN THIS STATE;
   (B) IDENTIFY ANY DISPARATE TREATMENT REGARDING MENTAL HEALTH OR BEHAV-
 IORAL HEALTH SERVICES PROVIDED TO  STUDENTS  IN  PRIMARY  AND  SECONDARY
 PRIVATE AND PUBLIC SCHOOLS IN THIS STATE AND IN MONROE COUNTY;
   (C)  EXAMINE  THE  EFFECTS OF COVID-19 ON THE MENTAL HEALTH AND BEHAV-
 IORAL HEALTH OF PRIMARY AND SECONDARY STUDENTS  IN  THIS  STATE,  AS  IT
 RELATES TO RETURNING TO IN-PERSON LEARNING;
   (D)  IDENTIFY  ANY  RACIAL  OR  ETHNIC  DISPARITIES IN THE DELIVERY OF
 EDUCATIONAL SUPPORTS AND SERVICES TO STUDENTS IN PRIMARY  AND  SECONDARY
 PRIVATE  AND PUBLIC SCHOOLS IN THIS STATE, WHETHER SUCH STUDENTS PARTIC-
 IPATE IN PERSON OR THROUGH DISTANCE LEARNING METHODS; AND
   (E)  SUGGEST  MODIFICATIONS  TO  THE  PERSONALIZED   RECOVERY-ORIENTED
 SERVICES  (PROS)  PROGRAM  TO ALLOW PARTICIPANTS TO ACCESS MENTAL HEALTH
 SERVICES OUTSIDE OF SUCH PROGRAM THROUGH A HEALTHCARE PROVIDER OF  THEIR
 CHOICE  WITHOUT  LOSING  ELIGIBILITY  FOR COMPREHENSIVE ASSISTANCE UNDER
 SUCH PROGRAM  TO  ENCOURAGE  NATURAL  SUPPORTS  AND  IMPROVE  MEDICATION
 MANAGEMENT.
   2.  THE  COMMISSION SHALL CONSIST OF ELEVEN MEMBERS TO BE APPOINTED AS
 FOLLOWS:
   (A) ONE MEMBER SHALL BE APPOINTED BY THE GOVERNOR;
   (B) ONE MEMBER SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
   (C) ONE MEMBER SHALL BE APPOINTED BY THE TEMPORARY  PRESIDENT  OF  THE
 SENATE;
   (D) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
 BLY;
   (E)  ONE  MEMBER  SHALL  BE  APPOINTED  BY  THE MINORITY LEADER OF THE
 SENATE;
   (F) TWO MEMBERS SHALL BE  APPOINTED  BY  THE  COMMISSIONER  OF  MENTAL
 HEALTH;
 A. 2821                             4
 
   (G)  TWO  MEMBERS SHALL BE APPOINTED BY THE COMMISSIONER OF THE OFFICE
 OF CHILDREN AND FAMILY SERVICES; AND
   (H) TWO MEMBERS SHALL BE APPOINTED BY THE COMMISSIONER.
   3.  THE  MEMBERS  OF  THE COMMISSION SHALL RECEIVE NO COMPENSATION FOR
 THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
 INCURRED IN THE PERFORMANCE OF THEIR DUTIES HEREUNDER.
   4. THE COMMISSION MAY ACQUIRE DIRECTLY FROM THE HEAD  OF  ANY  DEPART-
 MENT,  AGENCY,  OR  INSTRUMENTALITY  OF THE STATE, AVAILABLE INFORMATION
 WHICH THE COMMISSION CONSIDERS USEFUL IN THE DISCHARGE  OF  ITS  DUTIES.
 ALL  DEPARTMENTS,  AGENCIES,  AND  INSTRUMENTALITIES  OF THE STATE SHALL
 COOPERATE WITH THE COMMISSION WITH RESPECT TO SUCH INFORMATION AND SHALL
 FURNISH ALL INFORMATION  REQUESTED  BY  THE  COMMISSION  TO  THE  EXTENT
 PERMITTED BY LAW.
   5.  THE COMMISSION SHALL SUBMIT A REPORT OF ITS FINDINGS AND RECOMMEN-
 DATIONS TO THE GOVERNOR, THE TEMPORARY  PRESIDENT  OF  THE  SENATE,  THE
 SPEAKER  OF  THE ASSEMBLY AND THE MINORITY LEADERS OF THE SENATE AND THE
 ASSEMBLY NO LATER THAN  ONE  YEAR  AFTER  THE  EFFECTIVE  DATE  OF  THIS
 SECTION.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law; provided, however, that  effective  immediately,  the
 addition,  amendment  and/or  repeal of any rule or regulation necessary
 for the implementation of this act on its effective date are  authorized
 to be made and completed on or before such effective date.