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

                                  1490

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M. of A. GUNTHER, BRAUNSTEIN -- Multi-Sponsored by -- M.
  of A. MAGEE, PERRY, 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.
                                                           LBD02381-01-3

              

A. 1490                             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.