S T A T E O F N E W Y O R K
________________________________________________________________________
6804--A
2023-2024 Regular Sessions
I N A S S E M B L Y
May 8, 2023
___________
Introduced by M. of A. GUNTHER, FAHY -- read once and referred to the
Committee on Higher Education -- recommitted to the Committee on High-
er Education in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the education law, in relation to improving student
mental health and mental health literacy in institutions of higher
education in the state, and requiring the amendment or adoption of
related protocols and policies of SUNY, CUNY and independent insti-
tutions of higher education
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new section 362 to
read as follows:
§ 362. STUDENT MENTAL HEALTH. 1. THE STATE UNIVERSITY SHALL TAKE THE
FOLLOWING ACTIONS REGARDING STUDENT MENTAL HEALTH NEEDS:
(A) (I) REVIEW, AMEND AND PUBLISH VARIOUS PROTOCOLS AND POLICIES
INTENDED TO IMPROVE THE MENTAL HEALTH OF STUDENTS, TO IMPROVE MENTAL
HEALTH LITERACY AMONG STUDENTS AND STAFF, AND TO ESTABLISH PARITY
BETWEEN PHYSICAL AND MENTAL HEALTH, INCLUDING REASONABLE ACCOMMODATIONS,
WHENEVER POSSIBLE AND APPROPRIATE;
(II) REVIEW, AMEND AND PUBLISH ENROLLMENT, RE-ENROLLMENT, MEDICAL
LEAVE OF ABSENCE, VOLUNTARY AND INVOLUNTARY LEAVE AND TERMINATION POLI-
CIES OF THE STATE UNIVERSITY AND CREATE SPECIFIC PROVISIONS FOR STUDENTS
EXPERIENCING MENTAL HEALTH ISSUES OR CRISES, THAT ARE INTENDED TO
IMPROVE RESPONSES TO THE MENTAL HEALTH NEEDS AND CRISES OF STUDENTS,
IMPROVE SUICIDE PREVENTION AND INTERVENTION, PROVIDE FLEXIBLE VOLUNTARY
LEAVE OPPORTUNITIES, PROVIDE INDIVIDUALIZED STUDENT ASSESSMENTS WITH
CONSIDERATION OF REASONABLE REQUESTS BY STUDENTS AND APPROPRIATE DEFER-
ENCE TO THEIR TREATING PROVIDERS, AND PROVIDE REASONABLE ACCOMMODATIONS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10931-02-4
A. 6804--A 2
TO AVOID EXTENDED INVOLUNTARY LEAVE OR TERMINATION, WHENEVER POSSIBLE
AND APPROPRIATE;
(B) INCLUDE A MENTAL HEALTH SECTION IN ORIENTATION PROGRAMS FOR NEWLY
ENROLLED STUDENTS INTENDED TO ENHANCE MENTAL HEALTH LITERACY AMONG
STUDENTS, TO INCREASE KNOWLEDGE ABOUT MENTAL HEALTH AND HELP-SEEKING
BEHAVIORS, AND TO REDUCE STIGMA;
(C) ALL FULL-TIME FACULTY, ADMINISTRATORS, ATHLETIC COACHES, STUDENT-
FACING AND SUPPORT STAFF, INCLUDING ADJUNCT PROFESSORS OF THE UNIVERSI-
TY, SHALL BE REQUIRED TO RECEIVE MENTAL HEALTH TRAINING ON MENTAL HEALTH
LITERACY, RELEVANT DISABILITY LAW, REDUCTION OF STIGMA TRAINING, BEST
PRACTICES REGARDING REASONABLE ACCOMMODATIONS FOR STUDENTS WITH MENTAL
HEALTH NEEDS, AND RECOGNIZING SIGNS OF MENTAL DISTRESS AMONG STUDENTS
AND RECOMMENDED FOLLOW-UP SAFETY ACTIONS. ALL SUCH TRAINING SHALL BE
PROVIDED IN A CULTURALLY COMPETENT MANNER. STAFF SHALL RECEIVE INITIAL
TRAINING WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, OR WITH-
IN ONE YEAR AFTER THE DATE UPON WHICH THEY COMMENCE EMPLOYMENT AT THE
UNIVERSITY, WITH REFRESHER TRAINING REQUIRED WITHIN EACH THREE-YEAR
PERIOD THEREAFTER. THE CHANCELLOR OF THE STATE UNIVERSITY, IN CONJUNC-
TION WITH THE COMMISSIONER, SHALL PRESCRIBE THE FORM AND MANNER IN WHICH
SUCH TRAINING SHALL BE PROVIDED; AND
(D) INSTITUTE OTHER PROGRAMS INTENDED TO ADDRESS AND IMPROVE STUDENT
MENTAL HEALTH.
2. THE STATE UNIVERSITY AND THE DEPARTMENT SHALL RESEARCH, REVIEW, AND
PUBLISH MODEL PROTOCOLS AND POLICIES, THAT MAY BE ADOPTED AND IMPLE-
MENTED BY COLLEGES AND UNIVERSITIES UNDER THEIR JURISDICTION, TO IMPLE-
MENT THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION.
§ 2. The education law is amended by adding a new section 6235 to read
as follows:
§ 6235. STUDENT MENTAL HEALTH. 1. THE CITY UNIVERSITY SHALL TAKE THE
FOLLOWING ACTIONS REGARDING STUDENT MENTAL HEALTH:
(A) (I) REVIEW, AMEND AND PUBLISH VARIOUS PROTOCOLS AND POLICIES
INTENDED TO IMPROVE THE MENTAL HEALTH OF STUDENTS, TO IMPROVE MENTAL
HEALTH LITERACY AMONG STUDENTS AND STAFF, AND TO ESTABLISH PARITY
BETWEEN PHYSICAL AND MENTAL HEALTH, INCLUDING REASONABLE ACCOMMODATIONS,
WHENEVER POSSIBLE AND APPROPRIATE;
(II) REVIEW, AMEND AND PUBLISH ENROLLMENT, RE-ENROLLMENT, MEDICAL
LEAVE OF ABSENCE, VOLUNTARY AND INVOLUNTARY LEAVE AND TERMINATION POLI-
CIES OF THE CITY UNIVERSITY AND CREATE SPECIFIC PROVISIONS FOR STUDENTS
EXPERIENCING MENTAL HEALTH ISSUES OR CRISES, THAT ARE INTENDED TO
IMPROVE RESPONSES TO THE MENTAL HEALTH NEEDS AND CRISES OF STUDENTS,
IMPROVE SUICIDE PREVENTION AND INTERVENTION, PROVIDE FLEXIBLE VOLUNTARY
LEAVE OPPORTUNITIES, PROVIDE INDIVIDUALIZED STUDENT ASSESSMENTS WITH
CONSIDERATION OF REASONABLE REQUESTS BY STUDENTS AND APPROPRIATE DEFER-
ENCE TO THEIR TREATING PROVIDERS, AND PROVIDE REASONABLE ACCOMMODATIONS
TO AVOID EXTENDED INVOLUNTARY LEAVE OR TERMINATION, WHENEVER POSSIBLE
AND APPROPRIATE;
(B) INCLUDE A MENTAL HEALTH SECTION IN ORIENTATION PROGRAMS FOR NEWLY
ENROLLED STUDENTS INTENDED TO ENHANCE MENTAL HEALTH LITERACY AMONG
STUDENTS, TO INCREASE KNOWLEDGE ABOUT MENTAL HEALTH AND HELP-SEEKING
BEHAVIORS, AND TO REDUCE STIGMA;
(C) ALL FULL-TIME FACULTY, ADMINISTRATORS, ATHLETIC COACHES, STUDENT-
FACING AND SUPPORT STAFF, INCLUDING ADJUNCT PROFESSORS OF THE CITY
UNIVERSITY, SHALL BE REQUIRED TO RECEIVE MENTAL HEALTH TRAINING ON
MENTAL HEALTH LITERACY, RELEVANT DISABILITY LAW, REDUCTION OF STIGMA
TRAINING, BEST PRACTICES REGARDING REASONABLE ACCOMMODATIONS FOR
STUDENTS WITH MENTAL HEALTH NEEDS, AND RECOGNIZING SIGNS OF MENTAL
A. 6804--A 3
DISTRESS AMONG STUDENTS AND RECOMMENDED FOLLOW-UP SAFETY ACTIONS. ALL
SUCH TRAINING SHALL BE PROVIDED IN A CULTURALLY COMPETENT MANNER. STAFF
SHALL RECEIVE INITIAL TRAINING WITHIN ONE YEAR OF THE EFFECTIVE DATE OF
THIS SECTION, OR WITHIN ONE YEAR AFTER THE DATE UPON WHICH THEY COMMENCE
EMPLOYMENT AT THE CITY UNIVERSITY, WITH REFRESHER TRAINING REQUIRED
WITHIN EACH THREE-YEAR PERIOD THEREAFTER. THE CHANCELLOR OF THE CITY
UNIVERSITY, IN CONJUNCTION WITH THE COMMISSIONER, SHALL PRESCRIBE THE
FORM AND MANNER IN WHICH SUCH TRAINING SHALL BE PROVIDED; AND
(D) INSTITUTE OTHER PROGRAMS INTENDED TO ADDRESS AND IMPROVE STUDENT
MENTAL HEALTH.
2. THE CITY UNIVERSITY AND THE DEPARTMENT SHALL RESEARCH, REVIEW, AND
PUBLISH MODEL PROTOCOLS AND POLICIES, THAT MAY BE ADOPTED AND IMPLE-
MENTED BY COLLEGES AND UNIVERSITIES UNDER THEIR JURISDICTION, TO IMPLE-
MENT THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION.
§ 3. The education law is amended by adding a new section 237-a to
read as follows:
§ 237-A. STUDENT MENTAL HEALTH, MENTAL HEALTH LITERACY AND TRAINING IN
MASTER PLANS OF INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION. 1. THE
REGENTS PLAN FOR HIGHER EDUCATION, REQUIRED TO BE DEVELOPED AND TRANS-
MITTED PURSUANT TO SECTION TWO HUNDRED THIRTY-SEVEN OF THIS PART, AND
APPROVED MASTER PLANS OF INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION
SHALL INCLUDE PROTOCOLS AND POLICIES INTENDED TO IMPROVE THE MENTAL
HEALTH OF STUDENTS, IMPROVE MENTAL HEALTH LITERACY AMONG STUDENTS,
FACULTY AND SUPPORT STAFF, AND ESTABLISH PARITY BETWEEN PHYSICAL AND
MENTAL HEALTH, INCLUDING REASONABLE ACCOMMODATIONS, WHENEVER POSSIBLE
AND APPROPRIATE. THE REGENTS PLAN SHALL ALSO REQUIRE SUCH INSTITUTIONS
TO REVIEW, AMEND AND PUBLISH ENROLLMENT, RE-ENROLLMENT, MEDICAL LEAVE OF
ABSENCE, VOLUNTARY AND INVOLUNTARY LEAVE, AND TERMINATION POLICIES FOR
STUDENTS EXPERIENCING MENTAL HEALTH ISSUES OR CRISES; IMPROVE RESPONSES
TO MENTAL HEALTH NEEDS AND CRISES; REVIEW AND IMPROVE SUICIDE PREVENTION
AND INTERVENTION POLICIES; AND PROVIDE APPROPRIATE STAFF TRAINING TO ALL
FULL-TIME FACULTY, ADMINISTRATORS, ATHLETIC COACHES, STUDENT-FACING AND
SUPPORT STAFF, AS WELL AS ADJUNCT PROFESSORS, TO IMPLEMENT THE ABOVE-RE-
FERENCED PROTOCOLS AND POLICIES.
2. INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION, SHALL REVIEW MODEL
PROTOCOLS AND POLICIES THAT MAY BE DEVELOPED OR ADOPTED BY THE UNIVERSI-
TY, THE CITY UNIVERSITY, OR THE DEPARTMENT AND CONSIDER WHETHER TO ADOPT
SUCH PROTOCOLS AND POLICIES, IN WHOLE OR IN PART, FOR INCLUSION IN THEIR
MASTER PLANS, FOR PURPOSES OF IMPROVING STUDENT MENTAL HEALTH, MENTAL
HEALTH LITERACY, AND RESPONSES TO MENTAL HEALTH NEEDS AND CRISES IN SUCH
INSTITUTIONS.
§ 4. This act shall take effect immediately; provided, however, that
the provisions relating to the regents plan and university master plans
pursuant to section three of this act, shall be effective on the first
date, following the effective date of this act, when such plans are
required to be completed under section 237 of the education law.