NY State Senate Bill 2021-S6530

Senate Bill S6530

2021-2022 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to higher education
May 05, 2021	referred to higher education

Bill Amendments

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2021-S6530 (ACTIVE) - Details

See Assembly Version of this Bill:: A316
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add Title 7 Art 130-A §§6457 & 6458, Ed L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7154, A7871
2019-2020: S3844, A7010
2023-2024: A649

2021-S6530 (ACTIVE) - Summary

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

2021-S6530 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6530

SPONSOR: REICHLIN-MELNICK
 
TITLE OF BILL:

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

 
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 provide access to safety and mortality data
for study abroad programs similar to what the Clery Act provides for at
the federal level with regard to on-campus crime and deaths.

 
SUMMARY OF PROVISIONS:

 
JUSTIFICATION:

This bill is dedicated to Ravi Thackurdeen, the youngest child of Raj
and Roshni Thackurdeen. In 2012, 19-year old Ravi was a pre-med student
at Philadelphia's Swarthmore College. During his sophomore year, Ravi
enrolled in a third-party study abroad program with the Organization of
Tropical Studies (OTS). Along with fourteen other students, Ravi was to
study global health and tropical medicine in Costa Rica. The OTS course
included long work hours at botanical stations, as well as travel to
remote communities of indigenous peoples. As the School of Record, Duke
University was to document and verify to Swarthmore that OTS's program
was credit-worthy.

Two days prior to the end of Ravi's semester-long course, OTS surprised
students with an end-of-program celebratory trip to a beach, Playa
Tortuga. Locals were familiar with Playa Tortuga's dangers. However, OTS
staff had not comprehended that beneath the tranquil beauty multiple
rivers met the ocean, creating undertows and turbulence such that swim-
ming was to be avoided. As Ravi and another student waded knee deep into
the ocean, both were immediately caught in rip currents. While a tourist
was able to save the other student, Ravi was quickly pulled far from
shore. He treaded water for over half an hour, but help never came; OTS
staff hadn't brought with them even the most basic safety devices, such
as ropes and phones.

In the aftermath of Ravi's death, his mother, Ros, was shocked to learn
that her son was not the first study abroad death. She collected news
stories of other student deaths, gradually filling binders with names,
faces and stories. She spoke with newly bereaved families who also imag-
ined their child as "the first." She co-founded Protect Students Abroad
(PSA), a 501(c)(3), and with colleagues gradually came to understand
that there exists no requirement to transparently report deaths, inju-
ries, illnesses and crimes during education abroad. Since then, trans-
parency has been the single ask of PSA, for when schools do not document
and report safety outcomes, no one can knowledgeably speak about risk
during study abroad.

In the years since Ravi's death, Ros has been the driving force behind
New York legislation. While the Clery Act requires on-campus crime
reporting by academic institutions, and while Minnesota and Virginia
have recently passed study abroad legislation, all of these data sources
have weaknesses that New York State legislation intends to improve on.
The Ravi Act will produce data to inform evidence-based prevention stra-
tegies, thereby improving safety for future study abroad students.

 
LEGISLATIVE HISTORY:

2019-20: S3488A - Referred to Higher Education
2017-18: S7154 - Referred to Higher Education

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2021-S6530 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6530
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                May 5, 2021
                                ___________
 
 Introduced  by  Sen. REICHLIN-MELNICK -- 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.  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.
   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.
                                                            LBD05192-01-1

 S. 6530                             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.  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.

2021-S6530A - Details

See Assembly Version of this Bill:: A316
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add Title 7 Art 130-A §§6457 & 6458, Ed L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7154, A7871
2019-2020: S3844, A7010
2023-2024: A649

2021-S6530A - Bill Text download pdf

The Bill text is not available.

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Senate Bill S6530

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Sponsored By

Elijah Reichlin-Melnick