On Board Online • August 11, 2025
By John S. Daley
Senior Governmental Relations Representative
A new state law called Desha's Law requires school districts to include cardiac emergency response plans in all districtwide comprehensive safety plans. Some provisions of the law will become effective on Sept. 1, 2025, and others will take effect on Jan. 20, 2026.
The law is named for a 12-year-old student named Desha Sanders, who died in 2009 after collapsing during gym class in Western New York.
The bill that Gov. Kathy Hochul signed into law on July 24 was sponsored by Assembly Member Michelle Solages from Nassau County and Desha Sanders' cousin, state Sen. April N.M. Baskin from Buffalo.
Baskin has noted that Desha's school had an automated external defibrillator (AED), but it was locked for security. "No one could locate the keys to open the unit," she said, which delayed emergency response.
Desha's Law requires districtwide safety plans to address the preparedness of personnel to respond to incidents involving any individual experiencing sudden cardiac arrest or similar life-threatening emergency on any site owned or operated by a school district or at locations of school-sponsored events (including athletic events).
The plan must be a written document and include specific procedures for response to cardiac incidents. These procedures must be venue-specific.
Also, the plan must reflect nationally recognized, evidence-based core best practices. The law suggests but does not require those recommended by the American Heart Association (AHA).
Finally, school officials must consider how to best integrate their cardiac emergency response plan into community emergency medical response protocols. Under the law, a districtwide school safety team may provide first aid, CPR and AED training for relevant staff, including members of building-level emergency response teams, but such training must be voluntary.
The law also requires building-level emergency response plans to include policies and procedures for responding to sudden cardiac arrest, effective Sept. 1, 2025. The rest of the law will take effect 180 days after its signing, which is Jan. 20, 2026.
In addition, a separate provision of the law requires AEDs to be clearly marked, accessible and maintained consistent with AHA guidelines or other nationally recognized guidelines focused on emergency cardiovascular care.
NYSSBA engaged in discussions with state policymakers on the proposal's eventual implementation but took no formal position on the bill.
Districtwide school safety plans and building-level emergency response plans are reviewed annually. Districtwide plans must be formally adopted by the board of education following 30 days of public comment and a public hearing, then submitted to the State Education Department.
"NYSSBA provides sample policy language that covers the need for emergency response plans but does not detail what should be in those plans," said Robert Schneider, NYSSBA's executive director. "We recommend school districts seek guidance on fulfilling the specific requirements of Desha's Law from the New York State Center for School Safety, which is a contractor for the State Education Department's Office of Student Support Services."