NY State Senate Bill S2629A

Current Bill Status - In Senate Committee Education Committee

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

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Actions

view actions (3)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 20, 2023	print number 2629a
Apr 20, 2023	amend (t) and recommit to education
Jan 23, 2023	referred to education

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S2629 - Details

See Assembly Version of this Bill:: A286
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: S6338, A824

S2629 - 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.

S2629 - Sponsor Memo

 
BILL NUMBER: S2629

SPONSOR: MAY
 
TITLE OF BILL:

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

 
PURPOSE:

To allow programmatic aid to be given to school districts that use
passive security design features to improve school safety and add
licensed design professionals to school safety teams.

 
SUMMARY OF PROVISIONS:

Section one provides the title "Safe Schools Act by Design" and section
two states the legislative intent of the act.

Section three amends the education law by adding section 408-c which
states that a five year capital facilities plan pursuant to paragraph d

of subdivision two of section four hundred nine-d of this article, shall
consider the incorporation of elements and strategies as part of a
comprehensive approach to providing a secure and safe school environ-
ment.

Section four amends subdivision 4 of section 2801-a of the education law
to include licensed design professionals on school safety teams.

Section five amends paragraph (a) of subdivision 1 of section 2814 of
the education law to include programs which facilitate and promote
community involvement in school facility planning.

Section six amends subparagraph 1 of paragraph (a) of subdivision 6 of
section 3602 of the education law to include health and wellness offices
and de-escalation rooms to the list of spaces that shall be included
when assigning capacity ratings.

Section seven states this act shall take effect immediately.

 
JUSTIFICATION:

New York has been pursuing measures to enhance school safety through the
use of social workers and community outreach programs. While these meas-
ures help, a design centric approach should be used in addition to these
programs. Incorporating safety measures into the design or rehabili-
tation of schools can better provide safe learning environments for
students and teachers.

Combining the ideas of district- wide safety teams, licensed design
professionals, engineers, and architects will ensure that valuable
school safety measures are incorporated into school districts, and will
help not only teachers and students, but also administrators and public
safety officials as well.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022 - S.6338 (May) / A.824 (Paulin)
2020 - A.10014 (Paulin)

 
FISCAL IMPLICATIONS:

N/A

 
EFFECTIVE DATE:
This act shall take effect immediately.

S2629 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2629
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2023
                                ___________
 
 Introduced  by  Sens.  MAY,  COONEY,  MANNION  -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Educa-
   tion
 
 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00492-01-3

 S. 2629                             2
 
 JULY FIRST, TWO THOUSAND TWENTY-FOUR, THE COMMISSIONER SHALL ISSUE GUID-
 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:
 S. 2629                             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

S2629A (ACTIVE) - Details

See Assembly Version of this Bill:: A286
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: S6338, A824

S2629A (ACTIVE) - Summary

S2629A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S2629A

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the education law, in relation to enacting the "safe
schools by design act"

 
PURPOSE:

To require school districts to consider the incorporation of design
principles and strategies as part of an effort to foster a safe, heal-
thy, and secure environment.

 
SUMMARY OF PROVISIONS:

Section one provides the title "Safe Schools by Design Act".

Section two amends subdivision 6 of section 3602 of the education law
which requires that school districts consider the incorporation of
design principles and strategies, pursuant to guidance issued by the
commissioner of education, in their five-year capital plan as part of a

comprehensive approach to providing a healthy, secure, and safe school
environment.

Section three amends paragraph (a) of subdivision 1 of section 2814 of
the education law to include programs which facilitate and promote
community involvement in school facility planning to eligible uses for
Extended Day/School Violence Prevention Grants.

Section four is the effective date.

 
JUSTIFICATION:

New York State supports pursuing measures to enhance school safety and
provide a safe and supportive learning environment. While these measures
help, a design centric approach should be used in addition to existing
programs. Requiring school districts to consider the incorporation of
design principles and strategies in their five-year capital plan will
ensure that valuable school safety measures are incorporated into school
design or rehabilitation to help foster a safe, secure, and healthy
school environment.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022 - S.6338 (May) / A.824 (Paulin)

2020 - A.10014 (Paulin)

 
FISCAL IMPLICATIONS:

N/A

 
EFFECTIVE DATE:
This act shall take effect immediately.

S2629A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2629--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2023
                                ___________
 
 Introduced  by  Sens.  MAY,  COONEY,  MANNION  -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Educa-
   tion  --  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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00492-03-3

 S. 2629--A                          2
 
 payments  to  the dormitory authority 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 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
 S. 2629--A                          3
 
 or  subdivision  six  of  section twenty-five hundred fifty-four of this
 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

senate Bill S2629A

Sponsored By

Current Bill Status - In Senate Committee Education Committee

Your Voice

Actions

Bill Amendments

Co-Sponsors

S2629 - Details

S2629 - Summary

S2629 - Sponsor Memo

S2629 - Bill Text download pdf

Co-Sponsors

S2629A (ACTIVE) - Details

S2629A (ACTIVE) - Summary

S2629A (ACTIVE) - Sponsor Memo

S2629A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2629A

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Sponsored By

Rachel May

Current Bill Status - In Senate Committee Education Committee

Your Voice

Actions

Bill Amendments

Co-Sponsors

Jeremy A. Cooney

John W. Mannion

S2629 - Details

S2629 - Summary

S2629 - Sponsor Memo

S2629 - Bill Text download pdf

Co-Sponsors

Jeremy A. Cooney

John W. Mannion

S2629A (ACTIVE) - Details

S2629A (ACTIVE) - Summary

S2629A (ACTIVE) - Sponsor Memo

S2629A (ACTIVE) - Bill Text download pdf

Comments