S T A T E O F N E W Y O R K
________________________________________________________________________
785--A
2025-2026 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 8, 2025
___________
Introduced by M. of A. SOLAGES, SAYEGH, DAVILA, PALMESANO, ZACCARO,
CRUZ, TAYLOR, O'PHARROW, CUNNINGHAM, BUTTENSCHON, KELLES, GIGLIO,
MAHER, McMAHON, ANDERSON, KASSAY, TORRES, DAIS, BORES, SHIMSKY, RA,
SLATER, GANDOLFO, McDONOUGH, DURSO, K. BROWN, LUNSFORD, ROSENTHAL,
DeSTEFANO -- 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 requiring schools
safety plans to include a cardiac emergency response plan
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as "Desha's law".
§ 2. Subdivision 1 of section 917 of the education law, as amended by
chapter 61 of the laws of 2002, is amended to read as follows:
1. School districts, boards of cooperative educational services, coun-
ty vocational education and extension boards and charter schools shall
provide and maintain on-site in each instructional school facility auto-
mated external defibrillator (AED) equipment, as defined in paragraph
(a) of subdivision one of section three thousand-b of the public health
law, in quantities and types deemed by the commissioner in consultation
with the commissioner of health to be adequate to ensure ready and
appropriate access for use during emergencies. SUCH AUTOMATED EXTERNAL
DEFIBRILLATORS SHALL BE CLEARLY MARKED, ACCESSIBLE, AND MAINTAINED
CONSISTENT WITH GUIDELINES SET BY THE AMERICAN HEART ASSOCIATION, OR
OTHER NATIONALLY RECOGNIZED GUIDELINES FOCUSED ON EMERGENCY CARDIOVASCU-
LAR CARE.
§ 3. Paragraphs h, l and m of subdivision 2 of section 2801-a of the
education law, paragraph h as amended by section 1 of part B of chapter
54 of the laws of 2016 and paragraphs l and m as amended by chapter 30
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00364-03-5
A. 785--A 2
of the laws of 2021, are amended and a new paragraph n is added to read
as follows:
h. policies and procedures for annual school safety training for staff
and students; provided that the district must certify to the commission-
er that all staff have undergone annual training on the emergency
response plan, and that the school safety training include components on
violence prevention [and], mental health AND SUDDEN CARDIAC ARREST, such
training may be implemented and conducted in conjunction with existing
professional development and training; provided however that new employ-
ees hired after the start of the school year shall receive training
within thirty days of such hire or as part of a district's existing new
hire training program, whichever is sooner;
l. the designation of the superintendent, or superintendent's desig-
nee, as the district chief emergency officer responsible for coordinat-
ing communication between school staff and law enforcement and first
responders, and ensuring staff understanding of the district-level safe-
ty plan. The chief emergency officer shall also be responsible for
ensuring the completion and yearly updating of building-level emergency
response plans; [and]
m. protocols for responding to a declared state disaster emergency
involving a communicable disease that are substantially consistent with
the provisions of section twenty-seven-c of the labor law[.]; AND
N. POLICIES AND PROCEDURES RELATING TO SUDDEN CARDIAC ARREST. THE
DISTRICT-WIDE SCHOOL SAFETY TEAM SHALL DEVELOP AND IMPLEMENT A CARDIAC
EMERGENCY RESPONSE PLAN THAT ADDRESSES THE USE OF APPROPRIATE PERSONNEL
TO RESPOND TO INCIDENTS INVOLVING ANY INDIVIDUAL EXPERIENCING SUDDEN
CARDIAC ARREST OR SIMILAR LIFE-THREATENING EMERGENCY ON ANY SCHOOL SITE
OWNED OR OPERATED BY A SCHOOL OR AT A LOCATION OF A SCHOOL SPONSORED
EVENT, INCLUDING BUT NOT LIMITED TO ALL ATHLETIC PROGRAMS. SUCH PLAN
SHALL BE A WRITTEN DOCUMENT AND SHALL INCLUDE SPECIFIC PROCEDURES FOR
INCIDENTS INVOLVING AN INDIVIDUAL EXPERIENCING SUDDEN CARDIAC ARREST OR
A SIMILAR LIFE-THREATENING EMERGENCY WHILE ATTENDING OR PARTICIPATING IN
AN ATHLETIC PRACTICE OR EVENT WHILE ON SCHOOL GROUNDS THAT ARE VENUE
SPECIFIC. EACH PLAN SHALL INTEGRATE NATIONALLY RECOGNIZED, EVIDENCE-
BASED CORE ELEMENTS, SUCH AS THOSE RECOMMENDED BY THE AMERICAN HEART
ASSOCIATION. SCHOOL OFFICIALS SHALL CONSIDER HOW TO BEST INTEGRATE
THEIR CARDIAC EMERGENCY RESPONSE PLAN INTO COMMUNITY EMS RESPONDER
PROTOCOLS. THE DISTRICT-WIDE SCHOOL SAFETY TEAM MAY PROVIDE FIRST AID,
CPR, AND AED TRAINING FOR RELEVANT STAFF, INCLUDING MEMBERS OF BUILD-
ING-LEVEL EMERGENCY RESPONSE TEAMS PROVIDED FOR IN SUBDIVISION FOUR OF
THIS SECTION, PROVIDED THAT SUCH TRAINING SHALL BE VOLUNTARY.
§ 4. Paragraph a of subdivision 3 of section 2801-a of the education
law, as amended by section 1 of part B of chapter 54 of the laws of
2016, is amended to read as follows:
a. policies and procedures for response to emergency situations, such
as those requiring evacuation, sheltering, [and] lock-down, AND SUDDEN
CARDIAC ARREST. These policies shall include, at a minimum, evacuation
routes, shelter sites, and procedures for addressing medical needs,
transportation and emergency notification of parents and guardians;
§ 5. Paragraph a of subdivision 3 of section 2801-a of the education
law, as amended by chapter 25 of the laws of 2025, is amended to read as
follows:
a. policies and procedures for response to emergency situations, such
as those requiring evacuation, sheltering, [and] lock-down, AND SUDDEN
CARDIAC ARREST. These policies shall include, at a minimum, evacuation
A. 785--A 3
routes, shelter sites, and procedures for addressing medical needs,
transportation and emergency notification of parents and guardians;
§ 6. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that the amendments to
paragraph a of subdivision 3 of section 2801-a of the education law made
by section five of this act shall take effect on the same date and in
the same manner as chapter 25 of the laws of 2025, takes effect. Effec-
tive 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.