S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4598
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2023
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law and the state finance law, in relation
   to enacting the "school anti-violence education 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 "school anti-violence education act".
   § 2. The education law is amended by adding a new section 115 to  read
 as follows:
   §  115.  SCHOOL  ANTI-VIOLENCE EDUCATION. 1. LEGISLATIVE FINDINGS. THE
 LEGISLATURE HEREBY FINDS AND DECLARES THAT GUN VIOLENCE AND OTHER  FORMS
 OF  VIOLENCE  CONSTITUTE  A  CRISIS  THAT  POSES A SERIOUS THREAT TO THE
 HEALTH AND QUALITY OF LIFE OF ALL RESIDENTS OF THE STATE  OF  NEW  YORK,
 PARTICULARLY  YOUTH  UNDER  18  YEARS OF AGE. AN EPIDEMIC OF VIOLENCE IS
 TEARING AT THE FABRIC OF LIFE  IN  MANY  URBAN  AREAS.  THE  LEGISLATURE
 FURTHER  FINDS THAT FUNDS SHOULD BE USED TO SUPPORT SCHOOL ANTI-VIOLENCE
 EDUCATION PROGRAMS.
   2. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "EVIDENCE-BASED  ANTI-VIOLENCE  PROGRAM"  MEANS  A  PROGRAM OR AN
 INITIATIVE THAT:
   (I) IS DEVELOPED AND EVALUATED THROUGH SCIENTIFIC  RESEARCH  AND  DATA
 COLLECTION;
   (II)  USES  PUBLIC HEALTH PRINCIPLES THAT DEMONSTRATE MEASURABLE POSI-
 TIVE OUTCOMES IN PREVENTING GUN VIOLENCE; AND
   (III) IS IMPLEMENTED BY A NONPROFIT ORGANIZATION OR PUBLIC  ENTITY  AT
 OR IN AFFILIATION WITH A GOVERNMENT-FUNDED PUBLIC SCHOOL.
   (B)  "SCHOOL  ANTI-VIOLENCE EDUCATION PROGRAM" MEANS A SCHOOL-BASED OR
 SCHOOL-AFFILIATED EVIDENCE-BASED ANTI-VIOLENCE EDUCATION PROGRAM THAT IS
 OPERATED BY:
   (I) A NONPROFIT ORGANIZATION OR PUBLIC ENTITY; AND
   (II) PROVIDES EVIDENCE-BASED TRAUMA-SUPPORT AND GROUP  COUNSELING  AND
 ANTI-GUN  VIOLENCE  EDUCATION  THAT INCLUDES PERSONAL AND GROUP DEVELOP-
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08152-01-3
 S. 4598                             2
 
 MENT, RESEARCH-BASED FACTS AND MISCONCEPTIONS ABOUT  GUNS  AND  THE  GUN
 VIOLENCE CRISIS, AND YOUTH EMPOWERMENT PROGRAMMING.
   3.  SCHOOL  ANTI-VIOLENCE  EDUCATION PROGRAM. (A) THE DEPARTMENT SHALL
 ESTABLISH A SCHOOL ANTI-VIOLENCE EDUCATION PROGRAM, WHICH SHALL BE FUND-
 ED FROM THE SCHOOL ANTI-VIOLENCE EDUCATION FUND ESTABLISHED  BY  SECTION
 NINETY-SEVEN-BBBBB  OF  THE  STATE FINANCE LAW. THE SCHOOL ANTI-VIOLENCE
 EDUCATION PROGRAM SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (I) CLEARLY DEFINED  AND  MEASURABLE  OBJECTIVES  ESTABLISHED  BY  THE
 DEPARTMENT;
   (II)  EVIDENCE  THAT  THE  PROPOSED  EVIDENCE-BASED SCHOOL PROGRAMS OR
 EVIDENCE-INFORMED SCHOOL PROGRAMS WOULD LIKELY REDUCE GUN VIOLENCE; AND
   (III) A DESCRIPTION OF HOW THE NONPROFIT ORGANIZATION OR PUBLIC ENTITY
 PROPOSES TO USE THE FUNDING TO REDUCE RATES OF GUN VIOLENCE BY:
   (A) ESTABLISHING  OR  ENHANCING  EVIDENCE-BASED  SCHOOL  ANTI-VIOLENCE
 PROGRAMS;
   (B)  ENHANCING COORDINATION OF EXISTING SCHOOL-BASED OR SCHOOL-AFFILI-
 ATED VIOLENCE INTERVENTION AND PREVENTION PROGRAMS, IF ANY, TO  MINIMIZE
 DUPLICATION OF SERVICES; AND
   (C) A PLAN FOR THE COLLECTION OF RELEVANT DATA.
   (B)  NO  FIREARMS  SHALL BE USED IN THE SCHOOL ANTI-VIOLENCE EDUCATION
 PROGRAM.
   (C) THE DEPARTMENT SHALL ATTEMPT TO SECURE ALTERNATIVE FUNDING SOURCES
 OTHER THAN THE STATE, INCLUDING LOCAL GOVERNMENT AND PRIVATE SOURCES  AS
 WELL AS FUNDING FROM THE FEDERAL GOVERNMENT.
   § 3. The state finance law is amended by adding a new section 97-bbbbb
 to read as follows:
   §  97-BBBBB.  SCHOOL  ANTI-VIOLENCE EDUCATION FUND. 1. THERE IS HEREBY
 ESTABLISHED IN THE JOINT  CUSTODY  OF  THE  STATE  COMPTROLLER  AND  THE
 COMMISSIONER  OF  EDUCATION  A FUND TO BE KNOWN AS THE "SCHOOL ANTI-VIO-
 LENCE EDUCATION PROGRAM FUND".
   2. THE SCHOOL ANTI-VIOLENCE EDUCATION PROGRAM FUND  SHALL  CONSIST  OF
 AND  ALL  MONIES APPROPRIATED, CREDITED, OR TRANSFERRED THERETO FROM ANY
 OTHER FUND OR SOURCE PURSUANT TO LAW.
   3. MONIES OF THE SCHOOL ANTI-VIOLENCE EDUCATION FUND SHALL BE EXPENDED
 ONLY:
   (A) PURSUANT TO SECTION ONE HUNDRED FIFTEEN OF THE EDUCATION LAW;
   (B) TO SUPPORT EFFECTIVE VIOLENCE  REDUCTION  STRATEGIES  FOR  SCHOOL-
 BASED  AND  SCHOOL-AFFILIATED ANTI-VIOLENCE PROGRAMS BY PROVIDING GRANTS
 TO LOCAL GOVERNMENTS AND NONPROFIT ORGANIZATIONS TO FUND  EVIDENCE-BASED
 SCHOOL  ANTI-VIOLENCE PROGRAMS OR EVIDENCE-INFORMED SCHOOL ANTI-VIOLENCE
 PROGRAMS; AND
   (C) FOR THE EVALUATION OF THE EFFICACY OF EVIDENCE-BASED SCHOOL  ANTI-
 VIOLENCE  PROGRAMS  OR  EVIDENCE-INFORMED  SCHOOL ANTI-VIOLENCE PROGRAMS
 AWARDED GRANTS THROUGH THE FUND.
   4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
 THE  COMPTROLLER  ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
 OF EDUCATION.
   § 4. If any clause, sentence, paragraph, or section of this act  shall
 be  adjudged  by  any  court of competent jurisdiction to be invalid and
 after exhaustion of all further judicial review, the judgment shall  not
 affect,  impair  or  invalidate  the  remainder  thereof,  but  shall be
 confined in its operation to the clause, sentence, paragraph, or section
 of this act directly involved in the controversy in which  the  judgment
 shall have been rendered.
   § 5. This act shall take effect immediately.