A bill to reduce the number of mandated lockdown and active shooter drills in New York schools from four to one annually will likely fall short of final approval from the Legislature.
Before they leave Albany for the year Thursday, state senators are expected to vote to pass legislation to decrease the number of lockdown drills and require parents be notified of drills at least one week in advance. Parents and guardians would also be permitted to opt their child out of the drill if the bill becomes law, but it does not specify how students who do not participate will be trained on school emergency protocols.
"Different age groups may opt out while parents of different age groups may opt in," said Robert Murtfeld, a Brooklyn father of two young children. "For instance, one parent may not like their 3-year-old, 4-year-old or 5-year-old to conduct a lockdown drill, but they're happy once the child turns 8 or 9. It is a flexible measure for parents to be sure that whatever that child is experiencing at school they have a say in it as it pertains to school safety, and that they can make these decisions for themselves as a parent what they think is best for their child at what age group."
The proposal would also require training be age-appropriate and for each district to adopt guidelines to accommodate all students' physical and emotional needs after the training.
Murtfeld's daughter first participated in an active shooter drill in kindergarten. He's one of several parents to contact state officials to complain about not knowing about an active shooter drill happening at their child's school, or about the way they were conducted. Some have used a fake firearm or firing blank rounds during active shooter training.
The legislation was introduced in late April, and support grew rapidly after the budget passed last month — gaining swift momentum as parents spoke with state Education Department officials throughout the spring demanding change.
Advocates recalled one parent of a diabetic child was upset after school officials turned off their child's machine that measures blood sugar levels to keep things silent during a lockdown drill.
"We want our kids to be prepared, we want our teachers to be prepared, but we also don't want them to be traumatized," said Assembly sponsor Jo Anne Simon, a Brooklyn Democrat. "SED agrees with the comprehensive nature of the bill. We're rowing in the same direction."
But the bill is expected to stall in the Assembly.
Assembly Education Committee Chair Michael Benedetto says state Education Department officials continue to hold conferences on the matter and need more time to consider the best guidance for all New York school districts.
"It is all happening too quickly," he said. "And I don't think government should work that way. I think government should work in a in a deliberate manner and make decisions that are done after study has been made."
Simon is remaining hopeful a deal can be reached before session ends.
"We're really trying to work this through," she said.
SED officials and Gov. Kathy Hochul's staffers have been working together, Simon added, to decide the balance that's best for New York's 2.5 million students.
More than 5,000 New York pediatricians who belong to the state America Academy of Pediatrics sent a memo to legislative leaders last week in support of the bill, arguing it will reduce student trauma and optimize their safety.
New York currently requires the most drills of any U.S. state at four per year, which was increased in 2016.
Senate Minority Leader Rob Ortt, a North Tonawanda Republican, led the fight to increase the required lockdown training in schools in 2016. Senate Republicans have yet to conference the bill and would not take an official stance Tuesday, but parent advocates say Ortt is expected to announce his support for the measure to reduce the mandate on the Senate floor.
Even if it becomes law, school districts could hold as many drills per year as desired.
Other Republican lawmakers agree emergency preparedness in schools could be improved, but are concerned about the proposed opt-out and say the legislation needs work.
"You're going to have too much chaos going on because some kids may not know what to do," Assemblyman Michael Reilly, of Staten Island, said Tuesday. "Some teachers may not know what to do with a child who has opted out. So these are things that need to be addressed."
Assembly Republican lawmakers led School Task Force safety meetings across the state this year, and said they heard requests for more funding for better training, but not to reduce the number of required drills.
Earlier this year, SED officials said the department is working to develop a curriculum, including guidance and resources to support school districts to develop consistent emergency preparedness plans and training for students. The department is expected to release a 13-module training video series to make information more accessible to districts and school staff.
SED did not return a request for comment Tuesday about when the guidance or training videos will be released.
Department officials have been embroiled in negotiating potential changes to state teacher evaluations with the teacher's union. Negotiations have reached an impasse for about 10 days, Benedetto said, but will continue to be the legislative focus of educational policy as session races to a finish.