Senate Bill S7154

2017-2018 Legislative Session

Relating to requiring study abroad organizations to report crime and harm that occurs to participating students

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Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to higher education

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2017-S7154 (ACTIVE) - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add Art 130-A §§6457 - 6461, Ed L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3844
2021-2022: S6530

2017-S7154 (ACTIVE) - Summary

Relates to requiring postsecondary institutions that participate in study abroad programs to report crime and harm that occurs to participating students.

2017-S7154 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7154

SPONSOR: LAVALLE
 
TITLE OF BILL:  An act to amend the education law, in relation to
requiring postsecondary institutions that participate in study abroad
programs to report crime and harm that occurs to participating students

 
PURPOSE:

This act shall be known and may be cited as the "Safe Student Study
Abroad Act" also known as the "Ravi Thackurdeen Safe Student Study
Abroad Act". The bill will establish guidelines for best practices in
study abroad programs and to create a policy whereby the State Education
Department and the public can be informed of crime and harm that occurs
to participating students.

 
SUMMARY OF PROVISIONS:

The education law is amended by adding a new article 130-A, Safe Student
Study Abroad.

Section 6457-6461 contains the definitions, general provisions, report-
ing student resources and program assessment.

Section 6458 general provisions refers to prioritizing the health, safe-
ty and security of study abroad students through policies, procedures,
advertising, orientation and training.

 
JUSTIFICATION:

This is dedicated to Ravi Thackurdeen, who tragically died while partic-
ipating in a study abroad program. Ravi was a 19 years old high school
valedictorian and pre-med student at Swarthmore College in Philadelphia
who was temporarily enrolled at Duke University and the Organization for
Tropical Studies (OTS) where he participated in a field study program in
Costa Rica. On April 29, 2012, when the program was completed, Ravi and
a group of OTS students took a celebratory trip to the beach at Playa
Tortuga on the south central Pacific coast of Costa Rica. Although rip
currents were common to that beach, the students were not informed of
the dangers and tragedy struck. As Ravi was wading in shallow water with
other students, they were caught by a rip current that pulled Ravi out
to sea where he drowned. In his honor, Ravi's other, Roshni D. Thackur-
deen has been the driving force to implement his common sense and poten-
tially lifesaving act.

While there is no current documentation that asserts study abroad
programs are more dangerous than attending institutions of higher learn-
ing in the United States, the Ravi Act serves to establish a policy of
best practices for study abroad programs in colleges, universities and
third party organizations and to require these institutions to report
incidents so that data can be used to further assess and more accurately
determine the safety of study abroad programs. Similar legislation has
been enacted in the states of Minnesota and Virginia and the Education
Department of the United States requires crime reporting by the Federal
Cleary Act. With the enactment of the Ravi Act, students, parents and
institutions can be better informed of the potential dangers of study
abroad programs which improve their overall safety and participation.

 
LEGISLATIVE HISTORY:
New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately.

2017-S7154 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7154
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education
 
 AN ACT to amend the education law, in relation to  requiring  postsecon-
   dary  institutions that participate in study abroad programs to report
   crime and harm that occurs to participating students

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "Safe Student Study Abroad Act" also known as the "Ravi  Thackurdeen
 Safe Student Study Abroad Act".
   §  2.  The  education  law is amended by adding a new article 130-A to
 read as follows:
                               ARTICLE 130-A
                         SAFE STUDENT STUDY ABROAD
 SECTION 6457. DEFINITIONS.
         6458. GENERAL PROVISIONS.
         6459. REPORTING.
         6460. STUDENT RESOURCES.
         6461. PROGRAM ASSESSMENT.
   § 6457. DEFINITIONS. AS USED IN  THIS  ARTICLE,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "COLLEGE", "UNIVERSITY" AND "POSTSECONDARY" SHALL MEAN ANY INSTITU-
 TION  OF HIGHER EDUCATION, RECOGNIZED AND APPROVED BY THE REGENTS, WHICH
 PROVIDES A COURSE OF STUDY LEADING TO THE GRANTING  OF  A  POSTSECONDARY
 DEGREE OR DIPLOMA.
   2.  "THIRD PARTY ENTITIES" SHALL MEAN ANY FOR PROFIT OR NOT-FOR-PROFIT
 BUSINESS THAT IS NOT A COLLEGE, UNIVERSITY OR POSTSECONDARY  INSTITUTION
 WHICH  PROVIDES  A STUDY ABROAD PROGRAM OR COORDINATES A PROGRAM BETWEEN
 COLLEGE, UNIVERSITY OR POSTSECONDARY INSTITUTION IN  THE  UNITED  STATES
 AND A STUDY ABROAD PROGRAM.
   3. "STUDY ABROAD PROGRAM" SHALL MEAN PROGRAMS WHICH ARE COORDINATED BY
 COLLEGE,  UNIVERSITY OR POSTSECONDARY INSTITUTIONS AND THIRD PARTY ENTI-
 TIES IN THE STATE OF NEW YORK, THAT PROVIDE STUDENTS WITH  THE  OPPORTU-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11732-01-7

 S. 7154                             2
 
 NITY  TO  WORK  OR  STUDY,  WHOLLY  OR IN PRINCIPAL PART, OUTSIDE OF THE
 UNITED STATES OF AMERICA.
   4. "STUDY ABROAD ORGANIZATION" SHALL MEAN COLLEGE, UNIVERSITY OR POST-
 SECONDARY  INSTITUTIONS AS WELL AS THIRD PARTY ENTITIES THAT OFFER STUDY
 ABROAD PROGRAMS.
   § 6458. GENERAL PROVISIONS. STUDY ABROAD  ORGANIZATIONS  SHALL  PRIOR-
 ITIZE THE HEALTH, SAFETY, AND SECURITY OF ITS STUDENTS THROUGH POLICIES,
 PROCEDURES, ADVISING, ORIENTATION, AND TRAINING.
   1.  STUDY  ABROAD  ORGANIZATIONS  SHALL PRIORITIZE HEALTH, SAFETY, AND
 SECURITY  IN  PROGRAM  DEVELOPMENT,  IMPLEMENTATION  AND  MANAGEMENT  BY
 CONDUCTING  APPROPRIATE  RISK  ASSESSMENTS  FOR  SUCH  PROGRAM SITES AND
 ACTIVITIES, MAINTAINING WRITTEN EMERGENCY PLANS AND PROTOCOLS, AND IDEN-
 TIFYING AND LEVERAGING RELEVANT AUTHORITIES, NETWORKS AND RESOURCES.
   2. STUDY ABROAD ORGANIZATIONS' STAFF SHALL BE  TRAINED  TO  ANTICIPATE
 AND  RESPOND  RESPONSIBLY  TO STUDENT HEALTH, SAFETY, OR SECURITY ISSUES
 AND STUDENTS SHALL BE PROVIDED TRAINING TO RESPONSIBLY MANAGE THEIR  OWN
 HEALTH,  SAFETY,  AND  SECURITY WHILE ABROAD. STUDY ABROAD ORGANIZATIONS
 SHALL ESTABLISH MEASURES TO MONITOR AND ADVISE STUDENTS ON HEALTH, SAFE-
 TY, AND SECURITY ISSUES THROUGH THE UNITED STATES  DEPARTMENT  OF  STATE
 AND OTHER APPROPRIATE RESOURCES.
   3.  STUDY  ABROAD  ORGANIZATIONS  SHALL MAINTAIN APPROPRIATE INSURANCE
 POLICIES AT RECOMMENDED LEVELS, OPERATE IN COMPLIANCE WITH  LOCAL  LAWS,
 AND FOLLOW BEST PRACTICES IN REPORTING ON CRITICAL INCIDENTS.
   4.  STUDY  ABROAD  ORGANIZATIONS  MAY  ADOPT AND IMPLEMENT POLICIES IN
 ACCORDANCE WITH THE STANDARDS OF GOOD  PRACTICE  FOR  EDUCATION  ABROAD,
 MADE AVAILABLE BY THE FORUM ON EDUCATION ABROAD.
   §  6459.  REPORTING. 1. BEGINNING ONE YEAR AFTER THE EFFECTIVE DATE OF
 THIS ARTICLE, STUDY ABROAD ORGANIZATIONS SHALL MAKE AND FILE  AN  ANNUAL
 REPORT  TO THE DEPARTMENT BY AUGUST FIFTEENTH OF EACH YEAR.  SUCH REPORT
 SHALL BE PREPARED BY ALL REASONABLY AVAILABLE DATA AND SHALL CONSIST  OF
 DATA  FROM  THE  PREVIOUS  TWO  YEARS AND COMPLY WITH THE FEDERAL HEALTH
 INSURANCE  PORTABILITY  AND  ACCOUNTABILITY  ACT  (HIPAA)  OF  1996,  AS
 AMENDED, TITLE IX OF THE EDUCATION AMENDMENTS OF 1972 (20 U.S.C. SECTION
 1681,  ET. SEQ.) AND ALL OTHER APPLICABLE REGULATIONS. DATA REPRESENTING
 INDIVIDUALS SHALL BE IN NUMERICAL FORM OMITTING PERSONAL INFORMATION.
   2. THE REPORT MANDATED BY THIS SECTION SHALL INCLUDE:
   A. FOR THE PREVIOUS ACADEMIC YEAR, INCLUDING SUMMER TERMS, THE  EFFEC-
 TIVENESS  OF  THE STUDY ABROAD PROGRAM AT PROTECTING STUDENTS FROM CRIME
 AND HARM, WHETHER CHANGES TO SUCH PROGRAM ARE NEEDED AND HOW SUCH CHANG-
 ES WILL BE IMPLEMENTED;
   B. FOR THE TEN YEARS PRECEDING THE DATE OF THE REPORT, WHEN SUCH  DATA
 IS REASONABLY ATTAINABLE, THE NUMBER OF:
   I. DEATHS OF PROGRAM PARTICIPANTS INCLUDING MANNER OF DEATH;
   II. ACCIDENTS AND ILLNESSES THAT RESULTED IN HOSPITALIZATION INCLUDING
 THE TYPE OF SUCH ACCIDENT OR ILLNESS;
   III. SEXUAL ASSAULTS AGAINST PROGRAM PARTICIPANTS;
   IV. INCIDENTS THAT RESULTED IN A POLICE REPORT INCLUDING TYPE OF INCI-
 DENT; AND
   V.  WITH RESPECT TO THE INCIDENTS DESCRIBED IN SUBPARAGRAPHS I THROUGH
 IV OF THIS PARAGRAPH, WHETHER THE INCIDENTS OCCURRED:
   (1) DURING PROGRAM PARTICIPATION;
   (2) DURING STUDENTS OWN TIME;
   (3) ON CAMPUS;
   (4) OFF CAMPUS;
   (5) THE LOCATION OF THE INCIDENT; AND
   (6) THE TIME OF THE INCIDENT.

 S. 7154                             3
 
   C. STUDY ABROAD ORGANIZATIONS SHALL ALSO REPORT ON  ETHICAL  RELATION-
 SHIPS  AND  CONFLICT OF INTEREST AVOIDANCE POLICIES WITH ALL MAJOR PART-
 NERS.
   § 6460. STUDENT RESOURCES. 1. STUDY ABROAD ORGANIZATIONS SHALL PROVIDE
 EACH  STUDENT  WHO  IS INTERESTED IN PARTICIPATING IN A PROGRAM OF STUDY
 ABROAD, WITH PRE-REGISTRATION INFORMATION ADVISING THAT INCLUDES:
   A. ALL CURRENT TRAVEL INFORMATION, INCLUDING ALL TRAVEL  WARNINGS  AND
 TRAVEL  ALERTS,  ISSUED BY THE BUREAU OF CONSULAR AFFAIRS OF THE DEPART-
 MENT OF STATE FOR SUCH COUNTRIES;
   B. ALL CURRENT SAFETY ALERTS KNOWN WITHIN THIRTY MILES OF  THE  CAMPUS
 INCLUDING  INFORMATION  OBTAINED  BY STUDENTS FROM POST-TRIP ORIENTATION
 SESSIONS OR REPORTS; AND
   C. THE REPORTING INFORMATION REQUIRED BY THE DEPARTMENT AS  IDENTIFIED
 IN SECTION SIXTY-FOUR HUNDRED FIFTY-NINE OF THIS ARTICLE.
   2.  STUDY  ABROAD ORGANIZATIONS SHALL PROVIDE EACH STUDENT WHO RETURNS
 FROM A STUDY ABROAD PROGRAM WITH AN ANONYMOUS  POST-SEMESTER  EVALUATION
 QUESTIONNAIRE, AND THE OPPORTUNITY FOR A DOCUMENTED EXIT INTERVIEW WHICH
 SHALL FOCUS ON THE PROGRAM'S EFFECTIVENESS IN BEST PRACTICES AND STUDENT
 SAFETY.  THESE  REPORTS  ARE  TO  BE  MADE  AVAILABLE TO THE PUBLIC UPON
 REQUEST.
   3. STUDY ABROAD ORGANIZATIONS SHALL INCLUDE REFERENCES TO  THE  AVAIL-
 ABILITY  OF THE REPORTS IDENTIFIED IN SECTIONS SIXTY-FOUR HUNDRED FIFTY-
 NINE AND SIXTY-FOUR HUNDRED SIXTY OF THIS ARTICLE ON  ALL  WEBSITES  AND
 PRINTED MATERIALS.
   §  6461.  PROGRAM  ASSESSMENT. 1. THE DEPARTMENT SHALL, USING EXISTING
 STAFF AND BUDGET, ASSESS THE EFFECTIVENESS OF THIS ARTICLE AND APPROPRI-
 ATE STATE REGULATION OF POSTSECONDARY STUDY ABROAD PROGRAMS. THE ASSESS-
 MENT SHALL FOCUS ON THE PROTECTION, THE HEALTH AND SAFETY OF STUDENTS IN
 POSTSECONDARY STUDY ABROAD PROGRAMS;  AND  THE  REPORTING  PROCESS.  THE
 DEPARTMENT  SHALL  MAKE  THEIR  ASSESSMENTS  AND THE REPORTS REQUIRED IN
 SECTION SIXTY-FOUR HUNDRED FIFTY-NINE  OF  THIS  ARTICLE  TO  ANY  STATE
 LEGISLATOR UPON REQUEST.
   § 3. This act shall take effect immediately.

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Senate Bill S7154

Sponsored By

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Actions

co-Sponsors

2017-S7154 (ACTIVE) - Details

2017-S7154 (ACTIVE) - Summary

2017-S7154 (ACTIVE) - Sponsor Memo

2017-S7154 (ACTIVE) - Bill Text download pdf

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Sponsored By

Kenneth P. LaValle

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Actions

co-Sponsors

Thomas D. Croci

Pamela Helming

William Larkin

Robert G. Ortt

2017-S7154 (ACTIVE) - Details

2017-S7154 (ACTIVE) - Summary

2017-S7154 (ACTIVE) - Sponsor Memo

2017-S7154 (ACTIVE) - Bill Text download pdf

Comments