Requires each college and institution of higher education to make publicly available its policy on notifying the parent, guardian, or emergency contact of a student under twenty-one of certain controlled substance and alcohol violations, including rule infractions, and controlled substance or alcohol related hospitalizations or overdoses; requires such colleges and institutions to conduct regular training on the Family Educational Rights and Privacy Act.
S T A T E O F N E W Y O R K
________________________________________________________________________
10046
I N A S S E M B L Y
May 2, 2024
___________
Introduced by M. of A. McMAHON, McDONOUGH -- read once and referred to
the Committee on Higher Education
AN ACT to amend the education law, in relation to requiring each college
and other institution of higher education to make publicly available
its policy on notifying the parent, guardian, or emergency contact of
a student under twenty-one years old of certain controlled substance
or alcohol violations
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
"Beau's law".
§ 2. The education law is amended by adding a new section 6438-d to
read as follows:
§ 6438-D. PARENT, GUARDIAN, OR EMERGENCY CONTACT NOTIFICATION OF ALCO-
HOL OR CONTROLLED SUBSTANCE VIOLATIONS. 1. BEGINNING WITH THE FIRST
ACADEMIC YEAR FOLLOWING THE EFFECTIVE DATE OF THIS SECTION, EVERY
COLLEGE OR OTHER INSTITUTION OF HIGHER EDUCATION PURSUANT TO SECTION
SIXTY-FOUR HUNDRED THIRTY OF THIS ARTICLE SHALL MAKE PUBLICLY ACCESSIBLE
ITS POLICY ON NOTIFICATION OF A PARENT, GUARDIAN, OR EMERGENCY CONTACT
OF A VIOLATION BY A STUDENT UNDER THE AGE OF TWENTY-ONE FOR THE USE OR
POSSESSION OF ALCOHOL OR A CONTROLLED SUBSTANCE. SUCH VIOLATIONS MAY
INCLUDE BUT SHALL NOT BE LIMITED TO, RULE INFRACTIONS, VIOLATIONS OF
FEDERAL, STATE, OR LOCAL LAW, OR CONTROLLED SUBSTANCE OR ALCOHOL RELATED
HOSPITALIZATIONS OR OVERDOSES.
2. ALL SUCH COLLEGES AND OTHER INSTITUTIONS OF HIGHER EDUCATION SHALL
CONDUCT REGULAR TRAINING ON THE PROVISIONS OF THE FAMILY EDUCATIONAL
RIGHTS AND PRIVACY ACT (FERPA) (20 U.S.C. § 1232G; 34 CFR PART 99) THAT
SUCH COLLEGES AND OTHER INSTITUTIONS OF HIGHER EDUCATION DEEM RELEVANT
TO THEIR POLICIES ON THE NOTIFICATION OF A PARENT, GUARDIAN, OR EMERGEN-
CY CONTACT OF A VIOLATION BY A STUDENT UNDER THE AGE OF TWENTY-ONE FOR
THE USE OR POSSESSION OF ALCOHOL OR A CONTROLLED SUBSTANCE. PROVIDED,
HOWEVER, THESE TRAININGS SHALL INCLUDE INFORMATION ON THE PROVISIONS OF
FERPA (20 U.S.C. § 1232G; 34 CFR PART 99.36) RELATED TO HEALTH AND
SAFETY EMERGENCIES AND ITS IMPACT ON SUCH COLLEGES' OR INSTITUTIONS'
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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