Amd §§1125, 1126, 1128, 1128-a, 1130, 1131, 1132 & 1133, add §1134, Ed L
 
Relates to child abuse in an educational setting; requires the commissioner of education to promulgate rules and regulations for training, to include, at a minimum, information regarding the physical and behavioral indicators of child abuse and maltreatment and certain statutory reporting requirements; and extends such provisions to private schools and such employees and volunteers within.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8485B
SPONSOR: Nolan
 
TITLE OF BILL: An act to amend the education law, in relation to
child abuse in an educational setting
 
PURPOSE:
This bill would provide comprehensive reform to Article 23-B of the
Education Law, which relates to the reporting of child abuse in an
educational setting.
 
SUMMARY OF PROVISIONS:
Section 1 amends section 1125 of the education law to expand the defi-
nitions of child, employee, volunteer, educational setting, and adminis-
trator within Article 23-B to include all public schools, school
districts, charter schools, nonpublic schools, boards of cooperative
educational services (BOCES), approved preschool special education
programs (4410s), state-operated and state-supported schools (4201s),
approved private residential and non-residential schools for the educa-
tion of students with disabilities including 853s, and Special Act
School Districts. The exemption for New York City is eliminated. This
section also expands the definitions of employee and volunteer to
include bus companies that contract with such schools to provide trans-
portation services to children.
Section 2 amends section 1126 of the education law to expand the respon-
sibility to report allegations of child abuse to include licensed and
registered physical therapists, licensed and registered occupational
therapists, licensed and registered speech-language pathologists, teach-
er aides, school resource officers, school bus drivers, and the school
bus driver's supervisors.
Section 3 makes a technical change.
Sections 4, 5 and 6 make amendments to ensure that the appropriate
school administrator is notified in cases where the allegations of child
abuse occur in a school other than a public school or school district.
Section 7 amends section 1132 of the education law to require specific
training on reporting allegations of child abuse pursuant to Article
23-B of Education Law.
Section 8 amends section 1132 of the education law to require that all
teachers and administrators, other than those in a school district or
public school, and all school bus drivers employed on or after July 1,
2019 complete two hours of coursework or training regarding the iden-
tification and reporting of child abuse and maltreatment.
Section 9 amends section 1133 of the education law to give school admin-
istrators who reasonably and in good faith report to law enforcement
allegations of child abuse in an educational setting immunity from any
liability.
Section 10 adds a new section 1134 to education law to clarify that
those individuals who are mandated to report child abuse and maltreat-
ment to the Justice Center, and who report such abuse, shall be deemed
to have satisfied the requirements of Article 23-B of the Education Law.
Section 11 establishes the effective date.
 
JUSTIFICATION:
Recent allegations of child abuse at private schools have caused renewed
interest in the laws protecting children from such abuse. Currently,
private schools are not included in Article 23-B of the Education Law,
leaving a serious void in the effort to ensure child abuse is immediate-
ly reported to law enforcement. It has been reported that allegations of
child abuse have gone unreported with accused teachers being quietly
forced to resign or transfer to another school. This act would ensure
that all children are protected by requiring school administrators and
superintendents in all of New York's schools to immediately report alle-
gations of child abuse.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
180th day after enactment.
STATE OF NEW YORK
________________________________________________________________________
8485--B
Cal. No. 696
2017-2018 Regular Sessions
IN ASSEMBLY
June 16, 2017
___________
Introduced by M. of A. NOLAN, GUNTHER, THIELE, SEPULVEDA, ENGLEBRIGHT,
BRINDISI, LIFTON, OTIS, TITONE, L. ROSENTHAL, JAFFEE, McDONOUGH,
MURRAY, LAWRENCE, PAULIN, FAHY -- Multi-Sponsored by -- M. of A. WALSH
-- read once and referred to the Committee on Education -- reported
and referred to the Committee on Codes -- recommitted to the Committee
on Codes in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- reported from committee, advanced to a third
reading, amended and ordered reprinted, retaining its place on the
order of third reading
AN ACT to amend the education law, in relation to child abuse in an
educational setting
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 2, 3, 4, 5 and 6 of section 1125 of the educa-
2 tion law, subdivisions 2, 3, 4 and 6 as added by chapter 180 of the laws
3 of 2000 and subdivision 5 as amended by section 1 of part E of chapter
4 501 of the laws of 2012, are amended and a new subdivision 10 is added
5 to read as follows:
6 2. "Child" shall mean a person under the age of twenty-one years
7 enrolled in a school [district in this state, other than a school
8 district within a city having a population of one million or more].
9 3. "Employee" shall mean any person: (i) who is receiving compensation
10 from a school [district] or (ii) whose duties involve direct student
11 contact and (a) who is receiving compensation from any person or entity
12 that contracts with a school to provide transportation services to chil-
13 dren, or (b) who is an employee of a contracted service provider or
14 worker placed within the school under a public assistance employment
15 program, pursuant to title nine-B of article five of the social services
16 law, and consistent with the provisions of such title for the provision
17 of services to such [district] school, its students or employees,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13199-08-8
A. 8485--B 2
1 directly or through contract[, whereby such services performed by such
2 person involve direct student contact].
3 4. "Volunteer" shall mean any person, other than an employee, who has
4 direct student contact and: (i) provides services to a school [or school
5 district which involve direct student contact], or (ii) provides
6 services to any person or entity that contracts with a school to provide
7 transportation services to children.
8 5. "Educational setting" shall mean the building and grounds of a
9 [public] school [district], the vehicles provided directly or by
10 contract by the school [district] for the transportation of students to
11 and from school buildings, field trips, co-curricular and extra-curricu-
12 lar activities both on and off school [district] grounds, all co-curri-
13 cular and extra-curricular activity sites, and any other location where
14 direct contact between an employee or volunteer and a child has alleged-
15 ly occurred. [Such term shall not include a special act school district
16 as defined in section four thousand one of this chapter which shall be
17 subject to article eleven of the social services law.]
18 6. "Administrator" or "school administrator" shall mean a principal
19 [of], or the equivalent title, in a [public] school, [charter school or
20 board of cooperative educational services,] or other chief school offi-
21 cer.
22 10. "School" shall include a school district, public school, charter
23 school, nonpublic school, board of cooperative educational services,
24 special act school district as defined in section four thousand one of
25 this chapter, approved preschool special education program pursuant to
26 section forty-four hundred ten of this chapter, approved private resi-
27 dential or non-residential school for the education of students with
28 disabilities including private schools established under chapter eight
29 hundred fifty-three of the laws of nineteen hundred seventy-six, or
30 state-operated or state-supported school in accordance with article
31 eighty-five, eighty-seven or eighty-eight of this chapter.
32 § 2. The opening paragraph of subdivision 1 and subdivisions 2 and 3
33 of section 1126 of the education law, as added by chapter 180 of the
34 laws of 2000, are amended and two new subdivisions 1-a and 4 are added
35 to read as follows:
36 In any case where an oral or written allegation is made to a teacher,
37 school nurse, school guidance counselor, school psychologist, school
38 social worker, school administrator, school board member or other school
39 personnel required to hold a teaching or administrative license or
40 certificate, as well as a licensed and registered physical therapist,
41 licensed and registered occupational therapist, licensed and registered
42 speech-language pathologist, teacher aide or school resource officer,
43 that a child has been subjected to child abuse by an employee or volun-
44 teer in an educational setting, such person shall upon receipt of such
45 allegation:
46 1-a. (i) In any case where an oral or written allegation is made to a
47 school bus driver employed by a person or entity that contracts with a
48 school to provide transportation services to children that a child has
49 been subjected to child abuse by an employee or volunteer in an educa-
50 tional setting, such driver shall upon receipt of such allegation,
51 promptly report or cause a report to be made to his or her supervisor
52 employed by such contracting person or entity.
53 (ii) In any case where an oral or written report or allegation is made
54 to a supervisor who is employed by a person or entity that contracts
55 with a school to provide transportation services to children from a
56 person employed by the contracted person or entity, that a child in such
A. 8485--B 3
1 school has been subjected to child abuse by an employee or volunteer in
2 an educational setting, such supervisor shall upon receipt of such alle-
3 gation promptly complete a written report of such allegation including
4 the full name of the child alleged to be abused; the name of the child's
5 parent or guardian; the identity of the person making the allegation and
6 their relationship to the alleged child victim; the name of the employee
7 or volunteer against whom the allegation was made; and a listing of the
8 specific allegations of child abuse in an educational setting. Such
9 written report shall be upon a form as prescribed in section eleven
10 hundred thirty-two of this article, and shall be personally delivered to
11 the school district superintendent employed by the school district where
12 the child abuse occurred or, for a school other than a school district
13 or public school, the school administrator employed by the school where
14 the child abuse occurred.
15 2. In any case where it is alleged that a child was abused by an
16 employee or volunteer of a school other than a school within the school
17 district of the child's attendance, the report of such allegations shall
18 be promptly forwarded to the superintendent of schools of the school
19 district of the child's attendance and the school district where the
20 abuse allegedly occurred, whereupon both school superintendents shall
21 comply with sections eleven hundred twenty-eight and eleven hundred
22 twenty-eight-a of this article. If such case involves a school that is
23 not a school district or public school, the appropriate school adminis-
24 trator or administrators, in addition to any appropriate superintendent
25 of schools, shall be notified whereupon all such individuals shall
26 comply with sections eleven hundred twenty-eight and eleven hundred
27 twenty-eight-a of this article.
28 3. Any employee [or], volunteer , or supervisor who is employed by a
29 person or entity that contracts with a school to provide transportation
30 services to children who reasonably and in good faith makes a report of
31 allegations of child abuse in an educational setting to a person and in
32 a manner described in this section shall have immunity from civil
33 liability which might otherwise result by reason of such actions.
34 4. In any case where the employee against whom the allegation is made
35 is the superintendent or the administrator, the report of such allega-
36 tions shall be made to another administrator designated by the school.
37 § 3. The opening paragraph of section 1128 of the education law, as
38 added by chapter 180 of the laws of 2000, is amended to read as follows:
39 Upon receipt of a written report described in paragraph (a) of subdi-
40 vision one or subdivision one-a of section eleven hundred twenty-six of
41 this article alleging that a child has been abused in an educational
42 setting, a school administrator or superintendent shall where there is a
43 reasonable suspicion to believe that an act of child abuse has occurred:
44 § 4. The section heading and subdivision 1 of section 1128-a of the
45 education law, as added by chapter 180 of the laws of 2000, are amended
46 to read as follows:
47 Additional duties of school administrators and superintendents.
48 1. Where a superintendent of schools or, in a school other than a
49 school district or public school, the school administrator forwards to
50 law enforcement a report as described in paragraph (a) of subdivision
51 one or subdivision one-a of section eleven hundred twenty-six of this
52 article, he or she shall refer such report to the commissioner where the
53 employee or volunteer alleged to have committed an act of child abuse as
54 defined in this article holds a certification or license issued by the
55 department.
A. 8485--B 4
1 § 5. Section 1130 of the education law, as added by chapter 180 of the
2 laws of 2000, is amended to read as follows:
3 § 1130. Notification by district attorney. Where a criminal investi-
4 gation of an allegation of child abuse by an employee or volunteer is
5 undertaken in response to a report forwarded by a school administrator
6 or superintendent to law enforcement authorities pursuant to section
7 eleven hundred twenty-eight of this article, and where law enforcement
8 authorities have provided such report to the district attorney and have
9 requested assistance, as soon as practicable, it shall be the responsi-
10 bility of the district attorney to notify the superintendent of schools
11 of the district where the acts of child abuse allegedly occurred and of
12 the school district where the child is attending, if different, of an
13 indictment or the filing of an accusatory instrument against the employ-
14 ee or volunteer against whom an allegation of child abuse in an educa-
15 tional setting was made. The district attorney shall notify the super-
16 intendent of schools of the district where the acts of child abuse
17 allegedly occurred and of the school district, if different, where the
18 child is attending of the disposition of the criminal case against such
19 employee or volunteer or the suspension or termination of the criminal
20 investigation of such employee or volunteer. The aforementioned notifi-
21 cations to the superintendent of schools shall be made to the appropri-
22 ate school administrator where the acts of child abuse allegedly
23 occurred in a school other than a school district or public school.
24 § 6. Subdivision 1 of section 1131 of the education law, as added by
25 chapter 180 of the laws of 2000, is amended to read as follows:
26 1. In the event that a licensed or certified school employee against
27 whom an allegation of child abuse in an educational setting has been
28 made, is convicted of any crime involving child abuse in an educational
29 setting, the district attorney shall provide notice thereof to the
30 commissioner[,] and the superintendent of schools of the district or, in
31 a school other than a school district or public school, the school
32 administrator where the acts of child abuse occurred and to the school
33 [district] where the child is attending [school], if different.
34 § 7. Subdivision 2 of section 1132 of the education law, as added by
35 chapter 180 of the laws of 2000, is amended to read as follows:
36 2. The commissioner shall promulgate rules and regulations for train-
37 ing necessary for the implementation of this article provided all
38 employees specifically described in section eleven hundred twenty-six of
39 this article shall be required to complete training pursuant to such
40 rules and regulations. Such training shall include, at a minimum, infor-
41 mation regarding the physical and behavioral indicators of child abuse
42 and maltreatment and the statutory reporting requirements set out in
43 sections four hundred thirteen, four hundred fourteen, four hundred
44 fifteen, four hundred sixteen, four hundred seventeen, four hundred
45 eighteen, four hundred nineteen and four hundred twenty of the social
46 services law, including but not limited to, when and how a report must
47 be made, what other actions the reporter is mandated or authorized to
48 take, the legal protections afforded reporters, and the consequences for
49 failing to report.
50 § 8. Section 1132 of the education law is amended by adding two new
51 subdivisions 3 and 4 to read as follows:
52 3. All persons employed on or after July first, two thousand nineteen
53 by a school, other than a school district or public school, in titles
54 equivalent to a teacher or administrator as defined in the regulations
55 of the commissioner, and any school bus driver employed by any person or
56 entity that contracts with a school to provide transportation services
A. 8485--B 5
1 to children shall be required to complete two hours of coursework or
2 training regarding the identification and reporting of child abuse and
3 maltreatment. The coursework or training shall be obtained from an
4 institution or provider that has been approved by the department to
5 provide such coursework or training. The coursework or training shall
6 include information regarding the physical and behavioral indicators of
7 child abuse and maltreatment and the statutory reporting requirements
8 set out in sections four hundred thirteen through four hundred twenty of
9 the social services law, including but not limited to, when and how a
10 report must be made, what other actions the reporter is mandated or
11 authorized to take, the legal protections afforded reporters, and the
12 consequences for failing to report. Each employee in such titles shall
13 provide the school administrator of the school with documentation show-
14 ing that he or she completed the required training. In addition, each
15 school bus driver shall provide such contracting person or entity with
16 documentation showing that he or she completed the required training.
17 The department shall be authorized to request such records on a periodic
18 basis and may publish a list of any persons or schools who are not in
19 compliance with this subdivision on its website.
20 4. The coursework or training required by this section shall not apply
21 to those persons already required to undergo coursework or training
22 regarding the identification and reporting of child abuse and maltreat-
23 ment pursuant to sections three thousand three and three thousand four
24 of this chapter.
25 § 9. Subdivision 3 of section 1133 of the education law, as added by
26 chapter 180 of the laws of 2000, is amended to read as follows:
27 3. Any superintendent of schools or school administrator who reason-
28 ably and in good faith reports to law enforcement officials information
29 regarding allegations of child abuse or a resignation as required by
30 this article shall have immunity from any liability, civil or criminal,
31 which might otherwise result by reason of such actions.
32 § 10. The education law is amended by adding a new section 1134 to
33 read as follows:
34 § 1134. Reporting to the vulnerable persons' central register. Where
35 a person employed by a school is required to report an incident of child
36 abuse in an educational setting to the vulnerable persons' central
37 register pursuant to article eleven of the social services law and he or
38 she reports such incident thereto, such person shall have been deemed to
39 have complied with the reporting requirements of this article.
40 § 11. This act shall take effect on the one hundred eightieth day
41 after it shall have become a law.