BILL NUMBER: S8716
SPONSOR: BROUK
 
TITLE OF BILL:
An act to amend the education law, in relation to enacting the "Trevyan
Rowe child and young teen mental health community safety act"
 
PURPOSE:
The board of education and the trustees or sole trustee of every school
district shall create policies, procedures, and guidelines, including
prevention, intervention, and post-intervention planning to direct
teachers, school administrators, school safety staff, bus drivers, other
school district employees, social workers, police officers, and peace
officers on how to respond to children or young teenagers.
 
SUMMARY OF PROVISIONS:
Section 1. The education law is amended by adding a new article 2-A
 
ARTICLE 2-A CHILD & YOUNG TEEN MENTAL HEALTH
§ 22. Enacts the board of education and trustees or sole trustee of
every school district shall create policies procedures and guidelines
that include prevention, intervention and postvention planning to direct
school staff, district employees, social workers, peace officers and
police officers on how to respond to children or young teenagers who
wander or elope from school, are victims of harassment or bullying and
demonstrates suicidal ideations, intentions, or self inflicted harm.
Section 2. Enacts 2. In creating the policies, procedures, and guide-
lines pursuant to subdivision one of this section, a board of education
and the trustees or sole trustee of a school district shall coordinate
with pediatric mental and behavioral health services providers, communi-
ty health agencies, local law enforcement and public safety agencies,
and any other local municipal agency offering relevant mental or behav-
ioral health services.
Section 3. Establishes upon creation of the policies, procedures, and
guidelines pursuant to subdivision one of this section, and annually
thereafter, a board of education of a school district shall distribute
such policies, procedures, and guidelines to all teachers, school admin-
istrators, school safety staff, bus drivers, and other employees of such
school district, and any local social services agencies, and local law
enforcement and public safety agencies.
§ 23 Establishes the commissioner shall create a procedure under which
boards of education of every school district shall report to the depart-
ment annually on the policies, procedures, and guidelines developed
pursuant to subdivision one of section twenty-two of this article. The
commissioner may comply with the requirements of this section through
use of the existing uniform violent incident reporting system under
section twenty-eight hundred two of this chapter, and/or the reporting
requirements for harassment, bullying and discrimination on school
grounds or at a school function under section fifteen of this title.
§ 24 Establishes there is hereby created in the department a "commission
on child and young teen mental health and community safety" to evaluate
the safety and security of children in primary and secondary public and
private schools in this state. Establishes the commission shall consist
of eleven members to be appointed as follows: (a) one member shall be
appointed by the governor; (b) one member shall be appointed by the
speaker of the assembly; (c) one member shall be appointed by the tempo-
rary president of the senate; (d) one member shall be appointed by the
minority leader of the assembly; (e) one member shall be appointed by
the minority leader of the senate; (f) two members shall be appointed by
the commissioner of mental health; (g) two members shall be appointed by
the commissioner of the office of children and family services; and (h)
two members shall be appointed by the commissioner.
Establishes the members of the commission shall receive no compensation
for their services, but shall be allowed their actual and necessary
expenses incurred in the performance of their duties hereunder.
Establishes the commission may acquire directly from the head of any
department, agency, or instrumentality of the state, available informa-
tion which the commission considers useful in the discharge of its
duties. All departments, agencies, and instrumentalities of the state
shall cooperate with the commission with respect to such information and
shall furnish all information requested by the commission to the extent
permitted by law.
Establishes that the commission shall submit a report of its findings
and recommendations to the governor, the temporary president of the
senate, the speaker of the assembly and the minority leaders of the
senate and the assembly no later than one year after the effective date
of a chapter of the laws of two thousand twenty-one that added this
article.
§ 2. Effective Date: this act shall take effect on the sixtieth day
after it shall 17 have become a law; provided, however, that effective
immediately, the 18 addition, amendment and/or repeal of any rule or
regulation necessary 19 for the implementation of this act on its effec-
tive date are authorized 20 to be made and completed on or before such
effective date.
 
JUSTIFICATION:
In March of 2018, Trevyan Rowe, a 14-year old Rochester City School
student with autism, died in the Genesee River. A subsequent report from
the New York State Attorney General's office and the New York State
Education Department found "systemic failures." They stated that each
level of service failed Trevyan Rowe to work for him. These include
mental health and special education services and procedures to keep
students safe at school. Rowe was also a victim of constant bullying and
harassment in the school setting. The acts previously mentioned put
children and young adults at risk for increased stress, anxiety, trauma,
suicidal ideation, and attempted suicide. Suicide is the third leading
cause of death among 14 to 24-year-olds. This legislation would poten-
tially prevent the deaths of children in our communities. It also would
help ensure that young teens with disabilities in our communities
receive the needed vital services and treatment.