Bill Text: NY A08485 | 2017-2018 | General Assembly | Amended
Bill Title: Relates to child abuse in an educational setting; requires the commissioner of education to promulgate rules and regulations for training of, 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.
Spectrum: Moderate Partisan Bill (Democrat 14-4)
Status: (Passed) 2018-12-07 - approval memo.6 [A08485 Detail]
Download: New_York-2017-A08485-Amended.html
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 school8district 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. LBD13199-08-8A. 8485--B 2 1 directly or through contract[, whereby such services performed by such2person 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 school5district 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 district16as defined in section four thousand one of this chapter which shall be17subject 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 or20board 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 suchA. 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 servicesA. 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.
