S T A T E O F N E W Y O R K
________________________________________________________________________
316
2021-2022 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 6, 2021
___________
Introduced by M. of A. JACOBSON, FAHY, REYES, PICHARDO, DICKENS, GALEF,
AUBRY, McDONALD, STIRPE, FERNANDEZ, WALLACE, HUNTER, SAYEGH, ASHBY --
Multi-Sponsored by -- M. of A. BUTTENSCHON, COOK, ENGLEBRIGHT, GRIF-
FIN, M. MILLER, SIMON -- read once and referred 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. Title 7 of 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. REPORTING.
§ 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 A
COLLEGE, UNIVERSITY OR POSTSECONDARY INSTITUTION IN THE UNITED STATES
AND A STUDY ABROAD PROGRAM.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05192-01-1
A. 316 2
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-
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. 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. DEATHS OF PROGRAM PARTICIPANTS INCLUDING MANNER OF DEATH;
C. ACCIDENTS AND ILLNESSES THAT RESULTED IN HOSPITALIZATION INCLUDING
THE TYPE OF SUCH ACCIDENT OR ILLNESS;
D. SEXUAL ASSAULTS AGAINST PROGRAM PARTICIPANTS;
E. INCIDENTS THAT RESULTED IN A POLICE REPORT INCLUDING TYPE OF INCI-
DENT; AND
F. WITH RESPECT TO THE INCIDENTS DESCRIBED IN PARAGRAPHS B THROUGH E
OF THIS SUBDIVISION, WHETHER THE INCIDENTS OCCURRED:
I. DURING PROGRAM PARTICIPATION;
II. DURING STUDENTS OWN TIME;
III. ON CAMPUS; AND
IV. OFF CAMPUS.
G. THE LOCATION OF THE INCIDENT;
H. THE TIME OF THE INCIDENT; AND
I. THE DATE OF THE INCIDENT.
3. STUDY ABROAD ORGANIZATIONS SHALL ALSO REPORT ON ETHICAL RELATION-
SHIPS AND CONFLICT OF INTEREST AVOIDANCE POLICIES WITH ALL MAJOR PART-
NERS.
4. COLLEGES WITH ENROLLMENTS BELOW THREE THOUSAND WILL REPORT DATA TO
THE DEPARTMENT TO BE MADE AVAILABLE WITH THE INSTITUTION OF REFERENCE
REDACTED.
5. STUDY ABROAD ORGANIZATIONS SHALL INCLUDE REFERENCES TO THE AVAIL-
ABILITY OF THE REPORTS IDENTIFIED IN THIS SECTION ON ALL WEBSITES AND
PRINTED MATERIALS.
6. THE DEPARTMENT SHALL MAKE THE REPORTS REQUIRED IN THIS SECTION
AVAILABLE TO ANY STATE LEGISLATOR UPON REQUEST.
§ 3. This act shall take effect immediately.