S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   465

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. GUNTHER, PHEFFER, SPANO -- Multi-Sponsored by --
  M.  of  A.  BOYLE,  MAGEE,  MAYERSOHN,  MOLINARO,  PERRY,   N. RIVERA,
  P. RIVERA,  ROBINSON,  WEISENBERG, WRIGHT -- read once and referred to
  the Committee on Education

AN ACT to amend the education law, in relation to the parent's right  to
  know  of  allegations  of  inappropriate  conduct by a school district
  employee, volunteer or administrator

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The education law is amended by adding a new article 23-C
to read as follows:
                              ARTICLE 23-C
                       PARENT'S RIGHT TO KNOW ACT
SECTION 1134. SHORT TITLE.
        1135. DEFINITIONS.
        1136. PARENT'S RIGHT TO KNOW.
  S 1134. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE  CITED  AS
THE "PARENT'S RIGHT TO KNOW ACT".
  S  1135.  DEFINITIONS.  FOR THE PURPOSES OF THIS ARTICLE THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1. "EMPLOYEE" SHALL MEAN A SCHOOL BOARD MEMBER ACTING IN  HIS  OR  HER
CAPACITY  AS  A  SCHOOL  BOARD  MEMBER,  AS WELL AS ANY PERSON RECEIVING
COMPENSATION FROM A SCHOOL DISTRICT OR EMPLOYEE OF A CONTRACTED  SERVICE
PROVIDER  OR  WORKER  PLACED WITHIN THE SCHOOL UNDER A PUBLIC ASSISTANCE
EMPLOYMENT PROGRAM, PURSUANT TO TITLE NINE-B  OF  ARTICLE  FIVE  OF  THE
SOCIAL  SERVICES  LAW,  AND CONSISTENT WITH THE PROVISIONS OF SUCH TITLE
FOR THE PROVISION OF SERVICES TO SUCH DISTRICT, ITS STUDENTS OR  EMPLOY-
EES,  DIRECTLY  OR  THROUGH CONTRACT, WHEREBY SUCH SERVICES PERFORMED BY
SUCH PERSON INVOLVE DIRECT STUDENT CONTACT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02088-01-1
              

A. 465                              2

  2. "VOLUNTEER" SHALL MEAN ANY PERSON,  OTHER  THAN  AN  EMPLOYEE,  WHO
PROVIDES  SERVICES  TO A SCHOOL OR SCHOOL DISTRICT, WHICH INVOLVE DIRECT
STUDENT CONTACT.
  3.  "ADMINISTRATOR"  OR "SCHOOL ADMINISTRATOR" SHALL MEAN A PRINCIPAL,
ASSISTANT PRINCIPAL, SUPERINTENDENT OR  ASSISTANT  SUPERINTENDENT  OF  A
PUBLIC  SCHOOL,  CHARTER  SCHOOL  OR  BOARD  OF  COOPERATIVE EDUCATIONAL
SERVICES, OR OTHER CHIEF SCHOOL OFFICER.
  S 1136. PARENT'S RIGHT TO KNOW.  EVERY PUBLIC SCHOOL DISTRICT, OR  ANY
OTHER  SCHOOL  WHICH  PRIMARILY SERVES PERSONS UNDER THE AGE OF EIGHTEEN
AND WHICH IS REGISTERED WITH THE DEPARTMENT SHALL, WITHIN SIXTY DAYS  OF
THE  ENACTMENT  OF  THIS SECTION, ADOPT A POLICY WHICH SHALL PROVIDE FOR
NOTIFICATION AS SOON AS REASONABLY PRACTICABLE  TO  A  PARENT  OR  LEGAL
GUARDIAN  OF AN AFFECTED STUDENT OR STUDENTS OF INAPPROPRIATE CONDUCT BY
AN EMPLOYEE, VOLUNTEER  OR  ADMINISTRATOR  OF  A  SCHOOL  DISTRICT  WITH
RESPECT TO A PARTICULAR STUDENT OR STUDENTS IN THE EVENT THAT THE SUPER-
INTENDENT  OF  SCHOOLS,  THE  SCHOOL  BOARD, OR ANY MEMBER OF THE SCHOOL
BOARD ACTING WITH THE AUTHORIZATION OF SUCH BOARD, SUCH AUTHORIZATION TO
HAVE BEEN PROVIDED DURING  AN  EXECUTIVE  SESSION,  PROVIDES  A  WRITTEN
CENSURE,  REPRIMAND, OR OTHERWISE IN WRITING ADVISES AN EMPLOYEE, VOLUN-
TEER, OR AN ADMINISTRATOR OF THE SCHOOL DISTRICT OF SUCH PERSON'S  INAP-
PROPRIATE CONDUCT WITH RESPECT TO A PARTICULAR STUDENT OR STUDENTS.
  S  2.  This act shall take effect immediately; provided, however, that
this act shall not impair  any  provision  of  a  collective  bargaining
agreement  in  effect  prior  to the effective date of this act which is
contradictory to the provisions of this act. Any such  provisions  shall
expire no later than on such agreements existing expiration date.