S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7832
 
                             I N  S E N A T E
 
                               March 1, 2018
                                ___________
 
 Introduced  by  Sen.  CROCI  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law,  in  relation  to  security  upgrades
   recommended by school safety improvement teams
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
   Section 1. Section 2801-b of the education law, as amended by  section
 3-a  of  part A of chapter 57 of the laws of 2013, is amended to read as
 follows:
   § 2801-b. New York state school safety  improvement  teams.    1.  The
 governor shall establish New York state school safety improvement teams,
 which  may  be composed of representatives from the division of homeland
 security and emergency services, the division of state police, the divi-
 sion of criminal justice services, THE OFFICE OF  GENERAL  SERVICES  and
 the  department.  Such  New  York  State School Safety Improvement Teams
 shall review and assess school safety plans submitted,  on  a  voluntary
 basis, by school districts [having a population of less than one hundred
 twenty-five  thousand  inhabitants],  boards  of cooperative educational
 services, nonpublic schools, and county vocational education and  exten-
 sion  boards, and may make recommendations to improve such school safety
 plans.
   2. ANY REQUEST FOR A SECURITY REVIEW AND ASSESSMENT UNDER THIS SECTION
 SHALL BE SUBMITTED TO THE COMMISSIONER OF THE DIVISION OF HOMELAND SECU-
 RITY AND EMERGENCY SERVICES, AND SHALL BE RESPONDED TO BY A SCHOOL SAFE-
 TY IMPROVEMENT TEAM WITHIN ONE HUNDRED TWENTY DAYS OF THE SUBMISSION  OF
 SUCH  REQUEST.  AT  THE REQUEST OF THE SCHOOL DISTRICT, BOARD OF COOPER-
 ATIVE EDUCATIONAL SERVICES, NONPUBLIC SCHOOL, OR COUNTY  VOCATIONAL  AND
 EDUCATIONAL BOARD, THE SCHOOL SAFETY IMPROVEMENT TEAM SHALL, IN ADDITION
 TO  A  REVIEW  OF  SUCH  ENTITY'S SCHOOL SAFETY PLAN, PERFORM AN ON-SITE
 EXAMINATION OF SUCH ENTITY'S FACILITIES, AND UPON SUCH EXAMINATION SHALL
 INCLUDE IN ITS RECOMMENDATIONS HOW THE ENTITY MAY IMPROVE  THE  PHYSICAL
 SECURITY OF SUCH FACILITY EXAMINED.
   3.  ANY  SCHOOL  DISTRICT,  BOARD OF COOPERATIVE EDUCATIONAL SERVICES,
 NONPUBLIC SCHOOL, OR  COUNTY  VOCATIONAL  AND  EDUCATIONAL  BOARD,  THAT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              
             
                          
                                       [ ] is old law to be omitted.
                                                            LBD14898-01-8
 S. 7832                             2
 
 REQUESTS  AND  RECEIVES ANY RECOMMENDATION FROM A SCHOOL SAFETY IMPROVE-
 MENT TEAM, SHALL NOT BE HELD LIABLE IN ANY ACTION  FOR  THE  FAILURE  TO
 ADDRESS  ANY  RECOMMENDATION  MADE  BY A SCHOOL SAFETY IMPROVEMENT TEAM,
 WITHIN  THREE  YEARS OF THE ENTITY'S RECEIPT OF SUCH RECOMMENDATION FROM
 THE SCHOOL SAFETY IMPROVEMENT TEAM.
   § 2. Subdivision 6-c of section 3602 of the education law, as  amended
 by  chapter  1 of the laws of 2013, paragraph b as amended by section 23
 of part YYY of chapter 59 of the laws of 2017, is  amended  to  read  as
 follows:
   6-c.  a.  Building  aid  for  metal  detectors, SECURITY UPGRADES MADE
 PURSUANT TO RECOMMENDATION FROM A  SCHOOL  SAFETY  IMPROVEMENT  TEAM  IN
 ACCORDANCE  WITH SECTION TWENTY-EIGHT HUNDRED ONE-B OF THIS CHAPTER, and
 safety devices for electrically operated partitions, room  dividers  and
 doors.  In  addition  to the apportionments payable to a school district
 pursuant to subdivision six of this section, the commissioner is  hereby
 authorized  to  apportion to any school district additional building aid
 pursuant to this subdivision for its approved expenditures in  the  base
 year  for  the purchase of stationary metal detectors, security cameras,
 SECURITY UPGRADES MADE PURSUANT TO RECOMMENDATION FROM A  SCHOOL  SAFETY
 IMPROVEMENT  TEAM  IN ACCORDANCE WITH SECTION TWENTY-EIGHT HUNDRED ONE-B
 OF THIS CHAPTER, AND safety devices for electrically operated partitions
 and room dividers required pursuant to section four  hundred  nine-f  of
 this  chapter,  or  other  security devices approved by the commissioner
 that increase the safety of students  and  school  personnel,  provided,
 however,  that  funds  apportioned  to school districts pursuant to this
 section shall not supplant funds for existing district  expenditures  or
 for  existing  contractual  obligations  of  the district for stationary
 metal detectors, security cameras, SECURITY UPGRADES  MADE  PURSUANT  TO
 RECOMMENDATION  FROM A SCHOOL SAFETY IMPROVEMENT TEAM IN ACCORDANCE WITH
 SECTION TWENTY-EIGHT HUNDRED ONE-B OF THIS CHAPTER,  AND  partition  and
 room divider safety devices, or security devices.  Portable or hand held
 metal  detectors shall not be eligible for aid pursuant to this subdivi-
 sion. Such additional aid shall equal the product of  the  building  aid
 ratio  computed  for  use in the current year pursuant to paragraph c of
 subdivision six of this section and  the  actual  approved  expenditures
 incurred  in  the  base year pursuant to this subdivision, provided that
 the limitations on cost allowances prescribed by paragraph a of subdivi-
 sion six of this section shall not apply. The commissioner shall annual-
 ly prescribe a special cost  allowance  for  metal  detectors,  SECURITY
 UPGRADES  MADE  PURSUANT TO RECOMMENDATION FROM A SCHOOL SAFETY IMPROVE-
 MENT TEAM IN ACCORDANCE WITH SECTION TWENTY-EIGHT HUNDRED ONE-B OF  THIS
 CHAPTER,  and  security cameras, and the approved expenditures shall not
 exceed such cost allowance. The commissioner shall annually prescribe  a
 special  cost  allowance  for partition and room divider safety devices,
 and the approved expenditures shall not exceed such cost allowance.
   b. For projects approved by the  commissioner  authorized  to  receive
 additional building aid pursuant to this subdivision for the purchase of
 stationary metal detectors, SECURITY UPGRADES MADE PURSUANT TO RECOMMEN-
 DATION  FROM A SCHOOL SAFETY IMPROVEMENT TEAM IN ACCORDANCE WITH SECTION
 TWENTY-EIGHT HUNDRED ONE-B OF THIS CHAPTER, security  cameras  or  other
 security  devices  approved by the commissioner that increase the safety
 of students and school personnel, provided that  for  purposes  of  this
 paragraph  such  other  security  devices shall be limited to electronic
 security systems and hardened doors,  and  provided  that  for  projects
 approved by the commissioner on or after the first day of July two thou-
 sand  thirteen  and [before the first day of July two thousand eighteen]
 S. 7832                             3
 
 THEREAFTER such additional aid shall equal the product of (i) the build-
 ing aid ratio computed for use in the current year pursuant to paragraph
 c of subdivision six of this section plus ten percentage points,  except
 that  in  no case shall this amount exceed one hundred percent, and (ii)
 the actual approved expenditures incurred in the base year  pursuant  to
 this  subdivision,  provided  that  the  limitations  on cost allowances
 prescribed by paragraph a of subdivision six of this section  shall  not
 apply, and provided further that any projects aided under this paragraph
 must  be  included  in a district's school safety plan. The commissioner
 shall annually prescribe a special cost allowance for  metal  detectors,
 and  security  cameras,  and  the approved expenditures shall not exceed
 such cost allowance.
   § 3. Section 3602-c of the education law  is  amended  by  adding  new
 subdivision 11 to read as follows:
   11.  AID  SHALL  BE MADE AVAILABLE TO ALL NONPUBLIC SCHOOLS UNDER THIS
 SECTION, FOR SECURITY UPGRADES MADE PURSUANT TO A RECOMMENDATION FROM  A
 SCHOOL  SAFETY  IMPROVEMENT TEAM IN ACCORDANCE WITH SECTION TWENTY-EIGHT
 HUNDRED ONE-B OF THIS CHAPTER, IN THE SAME MANNER AS FOR PUBLIC  SCHOOLS
 IN SUBDIVISION SIX-C OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART.
   § 4. This act shall take effect immediately.