NY State Assembly Bill A286A

Current Bill Status - Passed Assembly

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
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Signed/Vetoed by Governor

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Actions

view actions (11)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 24, 2023	referred to education delivered to senate passed assembly ordered to third reading rules cal.206 rules report cal.206 reported
May 23, 2023	reported referred to rules
Apr 18, 2023	reported referred to ways and means
Apr 14, 2023	print number 286a
Apr 14, 2023	amend (t) and recommit to education
Jan 04, 2023	referred to education

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

A286 - Details

See Senate Version of this Bill:: S2629
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §§2814 & 3602, Ed L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A10014
2021-2022: A824, S6338

A286 - Summary

Enacts the safe schools by design act; directs the use of design principles and strategies, pursuant to guidance issued by the commissioner of education, as part of a comprehensive approach to provide a safe, secure and healthy school environment.

A286 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    286
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M.  of A. PAULIN, SIMON -- read once and referred to the
   Committee on Education
 
 AN ACT to amend the education law, in relation  to  enacting  the  "safe
   schools  by  design  act";  directing  the use of certain professional
   design services for school security and safety improvements

   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 schools by design act".
   § 2. Legislative intent. The legislature  acknowledges  that  measures
 taken  to  enhance school safety through investments in facility harden-
 ing,  violence  intervention  services,  and  school  resource  officers
 contribute to a broader strategy to mitigate and prevent violent acts on
 school grounds.
   The  legislature  further acknowledges that schools are intended to be
 communities and should be planned without sacrificing the inherent posi-
 tive qualities of school environments we all desire  for  our  children,
 and  that  design  solutions  can  help  address  social, psychological,
 economic, environmental, and safety factors while maintaining a  healthy
 and productive learning environment.
   The legislature intends to provide school districts with the flexibil-
 ity  to  adapt  to  differing  and  evolving community concerns, support
 student health and safety, and create productive learning environments.
   § 3. The education law is amended by adding a  new  section  408-c  to
 read as follows:
   § 408-C. SCHOOL SAFETY DESIGN AND PLANNING. A FIVE YEAR CAPITAL FACIL-
 ITIES  PLAN, AS REQUIRED PURSUANT TO PARAGRAPH (D) OF SUBDIVISION TWO OF
 SECTION FOUR HUNDRED NINE-D OF THIS ARTICLE, SHALL CONSIDER THE INCORPO-
 RATION OF DESIGN ELEMENTS AND STRATEGIES  AS  PART  OF  A  COMPREHENSIVE
 APPROACH  TO  PROVIDE A SECURE AND SAFE SCHOOL ENVIRONMENT. ON OR BEFORE
 JULY FIRST, TWO THOUSAND TWENTY-FOUR, THE COMMISSIONER SHALL ISSUE GUID-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00492-01-3

 A. 286                              2
 
 ANCE ON THE USE OF DESIGN ELEMENTS AND STRATEGIES BY SCHOOLS AND  SCHOOL
 DISTRICTS TO PROVIDE A SECURE AND SAFE ENVIRONMENT.
   §  4. Subdivision 4 of section 2801-a of the education law, as amended
 by chapter 525 of the laws of 2019, is amended to read as follows:
   4. Each district-wide school safety team shall  be  appointed  by  the
 board  of  education,  or  the chancellor in the case of the city school
 district of the city of New York, and shall include but not  be  limited
 to  representatives  of  the  school  board, teacher, administrator, and
 parent organizations, school safety personnel, and other school  person-
 nel  including  bus drivers and monitors. At the discretion of the board
 of education, or the chancellor in the case of the city of New  York,  a
 student  may  be  allowed  to  participate  on the safety team, provided
 however, that no portion  of  a  confidential  building-level  emergency
 response  plan  shall be shared with such student nor shall such student
 be present where details  of  a  confidential  building-level  emergency
 response  plan  or  confidential  portions  of a district-wide emergency
 response strategy are discussed. Each building-level emergency  response
 team  shall  be  appointed by the building principal, in accordance with
 regulations or guidelines prescribed by the board of education, chancel-
 lor or other governing body. Such building-level teams shall include but
 not be limited to representatives of teacher, administrator, and  parent
 organizations,  school  safety  personnel  and  other  school  personnel
 including bus drivers and monitors, community members,  law  enforcement
 officials,  fire  officials or other emergency response agencies, DESIGN
 PROFESSIONALS LICENSED PURSUANT TO ARTICLE ONE HUNDRED  FORTY-FIVE,  ONE
 HUNDRED FORTY-SEVEN, OR ONE HUNDRED FORTY-EIGHT OF THIS CHAPTER, and any
 other  representatives  the  board  of  education,  chancellor  or other
 governing body deems appropriate.
   § 5. Paragraph a of subdivision 1 of section  2814  of  the  education
 law,  as added by chapter 181 of the laws of 2000, is amended to read as
 follows:
   a. School safety activities. Programs eligible for funding pursuant to
 this section may include, but not be  limited  to:  (i)  safe  corridors
 programs;  (ii)  diversity  programs;  (iii) collaborative school safety
 programs with law enforcement agencies or community-based organizations;
 (iv) metal detectors,  intercom  and  other  intra-school  communication
 devices  and other devices to increase school security and the safety of
 school personnel and students; (v) PROGRAMS WHICH FACILITATE AND PROMOTE
 COMMUNITY INVOLVEMENT  IN  SCHOOL  FACILITY  PLANNING;  AND  (VI)  other
 programs   including  comprehensive  school-based  intervention  models,
 approved by the commissioner, that reduce violence  and  improve  school
 safety.  Comprehensive school based intervention models shall coordinate
 with and collaborate with other services currently being provided in the
 school  district, incorporate appropriate school violence prevention and
 intervention services, and coordinate  appropriate  funding  sources  to
 ensure  the  efficient  delivery of services. Such comprehensive school-
 based intervention models shall also include provisions for the involve-
 ment of teachers, parents, school administrators in the development  and
 implementation of the program, a detailed statement identifying specific
 performance  goals, a proposed timetable for implementation and achieve-
 ment of such goals and specific assessment methods which will be used to
 measure student and school progress.
   § 6. Subparagraph 1 of paragraph a of subdivision 6 of section 3602 of
 the education law, as amended by section 5 of part A of  chapter  60  of
 the laws of 2000, is amended to read as follows:
 A. 286                              3
 
   (1)  For new construction and the purchase of existing structures, the
 cost allowances shall be based upon the rated capacity of  the  building
 or  addition and a basic per pupil allowance of up to six thousand three
 hundred seventy-five dollars  adjusted  monthly  by  a  statewide  index
 reflecting  changes in the cost of labor and materials since July first,
 nineteen hundred ninety-two, established by the commissioner  of  labor,
 modified by an annual county or multi-county labor market composite wage
 rate,  established by the commissioner of labor in consultation with the
 commissioner, for July first of the base year,  commencing  July  first,
 nineteen hundred ninety-seven for general construction contracts awarded
 on  or  after  July first, nineteen hundred ninety-eight, indexed to the
 median of such county or multi-county rates,  but  not  less  than  one.
 Such  base  allowance  shall  apply to a building or an addition housing
 grades prekindergarten through six and shall be adjusted for a  building
 or  an addition housing grades seven through nine by a factor of one and
 four-tenths, for a building or an addition housing grades seven  through
 twelve  by  a  factor of one and five-tenths, for a building or addition
 housing special education programs by a factor of two, except that where
 such building or addition is connected to,  or  such  space  is  located
 within,  a  public  school  facility  housing  programs  for nondisabled
 pupils, as approved by the commissioner, a  factor  of  three  shall  be
 used. Rated capacity of a building or an addition shall be determined by
 the  commissioner  based  on  space standards and other requirements for
 building construction specified by  the  commissioner.    Such  assigned
 capacity ratings shall include, in addition to those spaces used for the
 instruction  of  pupils,  those spaces which are used for elementary and
 secondary school libraries,  cafeterias,  prekindergarten  instructional
 rooms, teachers' conference rooms, gymnasiums [and], auditoriums, HEALTH
 AND  WELLNESS  OFFICES,  AND  DE-ESCALATION  ROOMS. For new construction
 projects approved on or after July first, two thousand, by the voters of
 the school district or by the  board  of  education  of  a  city  school
 district  in  a  city  with  more  than one hundred twenty-five thousand
 inhabitants, and/or the chancellor in a city school district in  a  city
 having  a population of one million or more, such rated capacity for new
 buildings and additions constructed to replace existing buildings  that,
 in the judgment of the commissioner, have not been adequately maintained
 and have not reached their projected useful life shall be reduced by the
 commissioner  by  an amount proportional to the remaining unused portion
 of the useful life of the existing buildings, provided however that  the
 commissioner  may waive such requirement upon a finding that replacement
 of the existing building is necessary to protect the health  and  safety
 of  students  or  staff,  that  reconstruction  and modernization of the
 existing building would not adequately address such  health  and  safety
 problems,  and  that  the need to replace the building was not caused by
 failure to adequately maintain the  building.  If  the  commissioner  of
 labor  resets  the  statewide  index  reflecting changes in the costs of
 labor and materials since July first, nineteen hundred  ninety-two,  the
 commissioner  shall  adopt  regulations to supersede the basic per pupil
 allowance of up to six thousand three hundred  seventy-five  dollars  to
 the imputed allowance in effect at that time.
   § 7. This act shall take effect immediately.

Co-Sponsors

A286A (ACTIVE) - Details

See Senate Version of this Bill:: S2629
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §§2814 & 3602, Ed L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A10014
2021-2022: A824, S6338

A286A (ACTIVE) - Summary

A286A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  286--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M.  of A. PAULIN, SIMON -- read once and referred to the
   Committee on Education -- committee discharged, bill amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the education law, in relation to enacting the "safe
   schools by design act"

   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 schools by design act".
   § 2. The opening paragraph of subdivision 6 of  section  3602  of  the
 education law, as amended by chapter 355 of the laws of 2016, is amended
 to read as follows:
   Any  apportionment  to  a school district pursuant to this subdivision
 shall be based upon base year approved expenditures for capital  outlays
 incurred  prior  to  July first, two thousand one from its general fund,
 capital fund or reserved funds and current  year  approved  expenditures
 for  debt  service,  including  debt  service  for refunding bond issues
 eligible for an apportionment pursuant to paragraph g of  this  subdivi-
 sion and lease or other annual payments to the New York city educational
 construction  fund created by article ten of this chapter or the city of
 Yonkers educational construction fund created by article ten-B  of  this
 chapter which have been pledged to secure the payment of bonds, notes or
 other obligations issued by the fund to finance the construction, acqui-
 sition,  reconstruction,  rehabilitation  or  improvement  of the school
 portion of combined occupancy structures, or for lease or  other  annual
 payments  to the New York state urban development corporation created by
 chapter one hundred seventy-four of the laws of nineteen hundred  sixty-
 eight,  pursuant  to  agreement  between  such  school district and such
 corporation relating to the construction,  acquisition,  reconstruction,
 rehabilitation  or  improvement  of  any  school building, or for annual
 payments to the dormitory authority pursuant to any lease,  sublease  or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00492-02-3

 A. 286--A                           2
 
 other  agreement  relating  to  the financing, refinancing, acquisition,
 design,  construction,  reconstruction,   rehabilitation,   improvement,
 furnishing  and  equipping  of, or otherwise provide for school district
 capital  facilities  or school district capital equipment made under the
 provisions of section sixteen hundred eighty of the  public  authorities
 law,  or  for  annual  payments pursuant to any lease, sublease or other
 agreement relating to the financing, refinancing,  acquisition,  design,
 construction,  reconstruction,  rehabilitation,  improvement, furnishing
 and equipping of, or otherwise providing for educational facilities of a
 city school district under the provisions of section sixteen of  chapter
 six  hundred five of the laws of two thousand, or for payments, pursuant
 to any assignment authorized by  section  twenty-seven  hundred  ninety-
 nine-tt of the public authorities law, of debt service in furtherance of
 funding the five-year educational facilities capital plan of the city of
 New  York  school district or related debt service costs and expenses as
 set forth in such section, for annual payments pursuant  to  any  lease,
 sublease  or  other  agreement  relating  to the financing, refinancing,
 design,  reconstruction,  rehabilitation,  improvement,  furnishing  and
 equipping of, or otherwise providing for projects authorized pursuant to
 the  city  of  Syracuse  and  the  board of education of the city school
 district of the city of Syracuse cooperative school reconstruction  act,
 for  annual  payments pursuant to any lease, sublease or other agreement
 relating to the financing, refinancing, design, reconstruction, rehabil-
 itation, improvement, furnishing and equipping of, or otherwise  provid-
 ing  for  projects  authorized pursuant to the city of Rochester and the
 board of education of the city school district of the city of  Rochester
 school  facilities modernization program act, for annual payments pursu-
 ant to any lease, sublease or other agreement relating to the financing,
 refinancing,  design,  construction,   reconstruction,   rehabilitation,
 improvement,  furnishing  and  equipping  of, or otherwise providing for
 projects authorized pursuant to the Yonkers city school district facili-
 ties modernization program act, or for lease,  lease-purchase  or  other
 annual  payments  to  another  school district or person, partnership or
 corporation pursuant to  an  agreement  made  under  the  provisions  of
 section  four  hundred three-b, subdivision eight of section twenty-five
 hundred three, or subdivision six of section twenty-five hundred  fifty-
 four  of this chapter, provided that the apportionment for such lease or
 other annual payments under  the  provisions  of  section  four  hundred
 three-b,  subdivision  eight  of  section  twenty-five hundred three, or
 subdivision six of section twenty-five hundred fifty-four of this  chap-
 ter,  other  than payments under a lease-purchase agreement or an equiv-
 alent agreement, shall  be  based  upon  approved  expenditures  in  the
 current  year.  Approved  expenditures for capital outlays from a school
 district's general  fund,  capital  fund  or  reserved  funds  that  are
 incurred  on  or after July first, two thousand two, and are not aidable
 pursuant to subdivision six-f of this section, shall be aidable as  debt
 service under an assumed amortization established pursuant to paragraphs
 e  and  j  of  this  subdivision. In any such case approved expenditures
 shall be only for new construction, reconstruction, purchase of existing
 structures, for site purchase and  improvement,  for  new  garages,  for
 original  equipment,  furnishings,  machinery,  or  apparatus,  and  for
 professional fees and other costs incidental  to  such  construction  or
 reconstruction,  or  purchase  of  existing structures. In the case of a
 lease or lease-purchase  agreement  entered  pursuant  to  section  four
 hundred  three-b, subdivision eight of section twenty-five hundred three
 or subdivision six of section twenty-five  hundred  fifty-four  of  this
 A. 286--A                           3
 
 chapter,  approved  expenditures  for the lease or other annual payments
 shall not include the costs of heat, electricity, water or other  utili-
 ties or the costs of operation or maintenance of the leased facility. An
 apportionment  shall  be  available  pursuant  to  this  subdivision for
 construction, reconstruction, rehabilitation or improvement in a  build-
 ing,  or  portion thereof, being leased by a school district only if the
 lease is for a term of at least ten years subsequent to the date of  the
 general  construction  contract  for  such construction, reconstruction,
 rehabilitation or improvement. Each school district shall prepare a five
 year capital facilities plan, pursuant to regulations developed  by  the
 commissioner  for  such  purpose,  provided  that  in the case of a city
 school district in a city having a population of one million inhabitants
 or more, such facilities  plan  shall  comply  with  the  provisions  of
 section  twenty-five  hundred ninety-p of this chapter and this subdivi-
 sion. Such plan shall include, but not be limited to, a building  inven-
 tory,  and  estimated  expense  of facility needs, for new construction,
 additions, alterations, reconstruction, major repairs,  energy  consump-
 tion and maintenance by school building, as appropriate. SUCH PLAN SHALL
 CONSIDER THE INCORPORATION OF DESIGN PRINCIPLES AND STRATEGIES, PURSUANT
 TO  GUIDANCE  ISSUED  BY  THE  COMMISSIONER,  AS PART OF A COMPREHENSIVE
 APPROACH TO PROVIDE A SAFE, SECURE AND HEALTHY SCHOOL ENVIRONMENT.  Such
 five year plan shall include a priority ranking of projects and shall be
 amended if necessary to reflect subsequent on-site evaluations of facil-
 ities conducted by state supported contractors.
   §  3.  Paragraph  a  of subdivision 1 of section 2814 of the education
 law, as added by chapter 181 of the laws of 2000, is amended to read  as
 follows:
   a. School safety activities. Programs eligible for funding pursuant to
 this  section  may  include,  but  not be limited to: (i) safe corridors
 programs; (ii) diversity programs;  (iii)  collaborative  school  safety
 programs with law enforcement agencies or community-based organizations;
 (iv)  metal  detectors,  intercom  and  other intra-school communication
 devices and other devices to increase school security and the safety  of
 school personnel and students; (v) PROGRAMS WHICH FACILITATE AND PROMOTE
 COMMUNITY  INVOLVEMENT  IN  SCHOOL  FACILITY  PLANNING;  AND  (VI) other
 programs  including  comprehensive  school-based  intervention   models,
 approved  by  the  commissioner, that reduce violence and improve school
 safety.  Comprehensive school based intervention models shall coordinate
 with and collaborate with other services currently being provided in the
 school district, incorporate appropriate school violence prevention  and
 intervention  services,  and  coordinate  appropriate funding sources to
 ensure the efficient delivery of services.  Such  comprehensive  school-
 based intervention models shall also include provisions for the involve-
 ment  of teachers, parents, school administrators in the development and
 implementation of the program, a detailed statement identifying specific
 performance goals, a proposed timetable for implementation and  achieve-
 ment of such goals and specific assessment methods which will be used to
 measure student and school progress.
   §  4.  This  act shall take effect eighteen months after it shall have
 become a law. Effective immediately,  the  addition,  amendment,  and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.

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The New York State Senate

assembly Bill A286A

Sponsored By

Current Bill Status - Passed Assembly

Your Voice

Actions

Bill Amendments

Co-Sponsors

A286 - Details

A286 - Summary

A286 - Bill Text download pdf

Co-Sponsors

A286A (ACTIVE) - Details

A286A (ACTIVE) - Summary

A286A (ACTIVE) - Bill Text download pdf

Comments

assembly Bill A286A

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Sponsored By

PAULIN

Current Bill Status - Passed Assembly

Your Voice

Actions

Bill Amendments

Co-Sponsors

Jo Anne Simon

A286 - Details

A286 - Summary

A286 - Bill Text download pdf

Co-Sponsors

Jo Anne Simon

Michael Benedetto

Manny De Los Santos

A286A (ACTIVE) - Details

A286A (ACTIVE) - Summary

A286A (ACTIVE) - Bill Text download pdf

Comments