S T A T E O F N E W Y O R K
________________________________________________________________________
8485--B
Cal. No. 696
2017-2018 Regular Sessions
I N A S S E M B L Y
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:
Section 1. Subdivisions 2, 3, 4, 5 and 6 of section 1125 of the educa-
tion law, subdivisions 2, 3, 4 and 6 as added by chapter 180 of the laws
of 2000 and subdivision 5 as amended by section 1 of part E of chapter
501 of the laws of 2012, are amended and a new subdivision 10 is added
to read as follows:
2. "Child" shall mean a person under the age of twenty-one years
enrolled in a school [district in this state, other than a school
district within a city having a population of one million or more].
3. "Employee" shall mean any person: (I) WHO IS receiving compensation
from a school [district] OR (II) WHOSE DUTIES INVOLVE DIRECT STUDENT
CONTACT AND (A) WHO IS RECEIVING COMPENSATION FROM ANY PERSON OR ENTITY
THAT CONTRACTS WITH A SCHOOL TO PROVIDE TRANSPORTATION SERVICES TO CHIL-
DREN, or (B) WHO IS AN 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] 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
directly or through contract[, whereby such services performed by such
person involve direct student contact].
4. "Volunteer" shall mean any person, other than an employee, who HAS
DIRECT STUDENT CONTACT AND: (I) provides services to a school [or school
district which involve direct student contact], OR (II) PROVIDES
SERVICES TO ANY PERSON OR ENTITY THAT CONTRACTS WITH A SCHOOL TO PROVIDE
TRANSPORTATION SERVICES TO CHILDREN.
5. "Educational setting" shall mean the building and grounds of a
[public] school [district], the vehicles provided DIRECTLY OR BY
CONTRACT by the school [district] for the transportation of students to
and from school buildings, field trips, co-curricular and extra-curricu-
lar activities both on and off school [district] grounds, all co-curri-
cular and extra-curricular activity sites, and any other location where
direct contact between an employee or volunteer and a child has alleged-
ly occurred. [Such term shall not include a special act school district
as defined in section four thousand one of this chapter which shall be
subject to article eleven of the social services law.]
6. "Administrator" or "school administrator" shall mean a principal
[of], OR THE EQUIVALENT TITLE, IN a [public] school, [charter school or
board of cooperative educational services,] or other chief school offi-
cer.
10. "SCHOOL" SHALL INCLUDE A SCHOOL DISTRICT, PUBLIC SCHOOL, CHARTER
SCHOOL, NONPUBLIC SCHOOL, BOARD OF COOPERATIVE EDUCATIONAL SERVICES,
SPECIAL ACT SCHOOL DISTRICT AS DEFINED IN SECTION FOUR THOUSAND ONE OF
THIS CHAPTER, APPROVED PRESCHOOL SPECIAL EDUCATION PROGRAM PURSUANT TO
SECTION FORTY-FOUR HUNDRED TEN OF THIS CHAPTER, APPROVED PRIVATE RESI-
DENTIAL OR NON-RESIDENTIAL SCHOOL FOR THE EDUCATION OF STUDENTS WITH
DISABILITIES INCLUDING PRIVATE SCHOOLS ESTABLISHED UNDER CHAPTER EIGHT
HUNDRED FIFTY-THREE OF THE LAWS OF NINETEEN HUNDRED SEVENTY-SIX, OR
STATE-OPERATED OR STATE-SUPPORTED SCHOOL IN ACCORDANCE WITH ARTICLE
EIGHTY-FIVE, EIGHTY-SEVEN OR EIGHTY-EIGHT OF THIS CHAPTER.
§ 2. The opening paragraph of subdivision 1 and subdivisions 2 and 3
of section 1126 of the education law, as added by chapter 180 of the
laws of 2000, are amended and two new subdivisions 1-a and 4 are added
to read as follows:
In any case where an oral or written allegation is made to a teacher,
school nurse, school guidance counselor, school psychologist, school
social worker, school administrator, school board member or other school
personnel required to hold a teaching or administrative license or
certificate, AS WELL AS A LICENSED AND REGISTERED PHYSICAL THERAPIST,
LICENSED AND REGISTERED OCCUPATIONAL THERAPIST, LICENSED AND REGISTERED
SPEECH-LANGUAGE PATHOLOGIST, TEACHER AIDE OR SCHOOL RESOURCE OFFICER,
that a child has been subjected to child abuse by an employee or volun-
teer in an educational setting, such person shall upon receipt of such
allegation:
1-A. (I) IN ANY CASE WHERE AN ORAL OR WRITTEN ALLEGATION IS MADE TO A
SCHOOL BUS DRIVER EMPLOYED BY A PERSON OR ENTITY THAT CONTRACTS WITH A
SCHOOL TO PROVIDE TRANSPORTATION SERVICES TO CHILDREN THAT A CHILD HAS
BEEN SUBJECTED TO CHILD ABUSE BY AN EMPLOYEE OR VOLUNTEER IN AN EDUCA-
TIONAL SETTING, SUCH DRIVER SHALL UPON RECEIPT OF SUCH ALLEGATION,
PROMPTLY REPORT OR CAUSE A REPORT TO BE MADE TO HIS OR HER SUPERVISOR
EMPLOYED BY SUCH CONTRACTING PERSON OR ENTITY.
(II) IN ANY CASE WHERE AN ORAL OR WRITTEN REPORT OR ALLEGATION IS MADE
TO A SUPERVISOR WHO IS EMPLOYED BY A PERSON OR ENTITY THAT CONTRACTS
WITH A SCHOOL TO PROVIDE TRANSPORTATION SERVICES TO CHILDREN FROM A
PERSON EMPLOYED BY THE CONTRACTED PERSON OR ENTITY, THAT A CHILD IN SUCH
A. 8485--B 3
SCHOOL HAS BEEN SUBJECTED TO CHILD ABUSE BY AN EMPLOYEE OR VOLUNTEER IN
AN EDUCATIONAL SETTING, SUCH SUPERVISOR SHALL UPON RECEIPT OF SUCH ALLE-
GATION PROMPTLY COMPLETE A WRITTEN REPORT OF SUCH ALLEGATION INCLUDING
THE FULL NAME OF THE CHILD ALLEGED TO BE ABUSED; THE NAME OF THE CHILD'S
PARENT OR GUARDIAN; THE IDENTITY OF THE PERSON MAKING THE ALLEGATION AND
THEIR RELATIONSHIP TO THE ALLEGED CHILD VICTIM; THE NAME OF THE EMPLOYEE
OR VOLUNTEER AGAINST WHOM THE ALLEGATION WAS MADE; AND A LISTING OF THE
SPECIFIC ALLEGATIONS OF CHILD ABUSE IN AN EDUCATIONAL SETTING. SUCH
WRITTEN REPORT SHALL BE UPON A FORM AS PRESCRIBED IN SECTION ELEVEN
HUNDRED THIRTY-TWO OF THIS ARTICLE, AND SHALL BE PERSONALLY DELIVERED TO
THE SCHOOL DISTRICT SUPERINTENDENT EMPLOYED BY THE SCHOOL DISTRICT WHERE
THE CHILD ABUSE OCCURRED OR, FOR A SCHOOL OTHER THAN A SCHOOL DISTRICT
OR PUBLIC SCHOOL, THE SCHOOL ADMINISTRATOR EMPLOYED BY THE SCHOOL WHERE
THE CHILD ABUSE OCCURRED.
2. In any case where it is alleged that a child was abused by an
employee or volunteer of a school other than a school within the school
district of the child's attendance, the report of such allegations shall
be promptly forwarded to the superintendent of schools of the school
district of the child's attendance and the school district where the
abuse allegedly occurred, whereupon both school superintendents shall
comply with sections eleven hundred twenty-eight and eleven hundred
twenty-eight-a of this article. IF SUCH CASE INVOLVES A SCHOOL THAT IS
NOT A SCHOOL DISTRICT OR PUBLIC SCHOOL, THE APPROPRIATE SCHOOL ADMINIS-
TRATOR OR ADMINISTRATORS, IN ADDITION TO ANY APPROPRIATE SUPERINTENDENT
OF SCHOOLS, SHALL BE NOTIFIED WHEREUPON ALL SUCH INDIVIDUALS SHALL
COMPLY WITH SECTIONS ELEVEN HUNDRED TWENTY-EIGHT AND ELEVEN HUNDRED
TWENTY-EIGHT-A OF THIS ARTICLE.
3. Any employee [or], volunteer , OR SUPERVISOR WHO IS EMPLOYED BY A
PERSON OR ENTITY THAT CONTRACTS WITH A SCHOOL TO PROVIDE TRANSPORTATION
SERVICES TO CHILDREN who reasonably and in good faith makes a report of
allegations of child abuse in an educational setting to a person and in
a manner described in this section shall have immunity from civil
liability which might otherwise result by reason of such actions.
4. IN ANY CASE WHERE THE EMPLOYEE AGAINST WHOM THE ALLEGATION IS MADE
IS THE SUPERINTENDENT OR THE ADMINISTRATOR, THE REPORT OF SUCH ALLEGA-
TIONS SHALL BE MADE TO ANOTHER ADMINISTRATOR DESIGNATED BY THE SCHOOL.
§ 3. The opening paragraph of section 1128 of the education law, as
added by chapter 180 of the laws of 2000, is amended to read as follows:
Upon receipt of a written report described in paragraph (a) of subdi-
vision one OR SUBDIVISION ONE-A of section eleven hundred twenty-six of
this article alleging that a child has been abused in an educational
setting, a school administrator or superintendent shall where there is a
reasonable suspicion to believe that an act of child abuse has occurred:
§ 4. The section heading and subdivision 1 of section 1128-a of the
education law, as added by chapter 180 of the laws of 2000, are amended
to read as follows:
Additional duties of SCHOOL ADMINISTRATORS AND superintendents.
1. Where a superintendent of schools OR, IN A SCHOOL OTHER THAN A
SCHOOL DISTRICT OR PUBLIC SCHOOL, THE SCHOOL ADMINISTRATOR forwards to
law enforcement a report as described in paragraph (a) of subdivision
one OR SUBDIVISION ONE-A of section eleven hundred twenty-six of this
article, he or she shall refer such report to the commissioner where the
employee or volunteer alleged to have committed an act of child abuse as
defined in this article holds a certification or license issued by the
department.
A. 8485--B 4
§ 5. Section 1130 of the education law, as added by chapter 180 of the
laws of 2000, is amended to read as follows:
§ 1130. Notification by district attorney. Where a criminal investi-
gation of an allegation of child abuse by an employee or volunteer is
undertaken in response to a report forwarded by a school administrator
or superintendent to law enforcement authorities pursuant to section
eleven hundred twenty-eight of this article, and where law enforcement
authorities have provided such report to the district attorney and have
requested assistance, as soon as practicable, it shall be the responsi-
bility of the district attorney to notify the superintendent of schools
of the district where the acts of child abuse allegedly occurred and of
the school district where the child is attending, if different, of an
indictment or the filing of an accusatory instrument against the employ-
ee or volunteer against whom an allegation of child abuse in an educa-
tional setting was made. The district attorney shall notify the super-
intendent of schools of the district where the acts of child abuse
allegedly occurred and of the school district, if different, where the
child is attending of the disposition of the criminal case against such
employee or volunteer or the suspension or termination of the criminal
investigation of such employee or volunteer. THE AFOREMENTIONED NOTIFI-
CATIONS TO THE SUPERINTENDENT OF SCHOOLS SHALL BE MADE TO THE APPROPRI-
ATE SCHOOL ADMINISTRATOR WHERE THE ACTS OF CHILD ABUSE ALLEGEDLY
OCCURRED IN A SCHOOL OTHER THAN A SCHOOL DISTRICT OR PUBLIC SCHOOL.
§ 6. Subdivision 1 of section 1131 of the education law, as added by
chapter 180 of the laws of 2000, is amended to read as follows:
1. In the event that a licensed or certified school employee against
whom an allegation of child abuse in an educational setting has been
made, is convicted of any crime involving child abuse in an educational
setting, the district attorney shall provide notice thereof to the
commissioner[,] AND the superintendent of schools of the district OR, IN
A SCHOOL OTHER THAN A SCHOOL DISTRICT OR PUBLIC SCHOOL, THE SCHOOL
ADMINISTRATOR where the acts of child abuse occurred and to the school
[district] where the child is attending [school], if different.
§ 7. Subdivision 2 of section 1132 of the education law, as added by
chapter 180 of the laws of 2000, is amended to read as follows:
2. The commissioner shall promulgate rules and regulations for train-
ing necessary for the implementation of this article PROVIDED ALL
EMPLOYEES SPECIFICALLY DESCRIBED IN SECTION ELEVEN HUNDRED TWENTY-SIX OF
THIS ARTICLE SHALL BE REQUIRED TO COMPLETE TRAINING PURSUANT TO SUCH
RULES AND REGULATIONS. SUCH TRAINING SHALL INCLUDE, AT A MINIMUM, INFOR-
MATION REGARDING THE PHYSICAL AND BEHAVIORAL INDICATORS OF CHILD ABUSE
AND MALTREATMENT AND THE STATUTORY REPORTING REQUIREMENTS SET OUT IN
SECTIONS FOUR HUNDRED THIRTEEN, FOUR HUNDRED FOURTEEN, FOUR HUNDRED
FIFTEEN, FOUR HUNDRED SIXTEEN, FOUR HUNDRED SEVENTEEN, FOUR HUNDRED
EIGHTEEN, FOUR HUNDRED NINETEEN AND FOUR HUNDRED TWENTY OF THE SOCIAL
SERVICES LAW, INCLUDING BUT NOT LIMITED TO, WHEN AND HOW A REPORT MUST
BE MADE, WHAT OTHER ACTIONS THE REPORTER IS MANDATED OR AUTHORIZED TO
TAKE, THE LEGAL PROTECTIONS AFFORDED REPORTERS, AND THE CONSEQUENCES FOR
FAILING TO REPORT.
§ 8. Section 1132 of the education law is amended by adding two new
subdivisions 3 and 4 to read as follows:
3. ALL PERSONS EMPLOYED ON OR AFTER JULY FIRST, TWO THOUSAND NINETEEN
BY A SCHOOL, OTHER THAN A SCHOOL DISTRICT OR PUBLIC SCHOOL, IN TITLES
EQUIVALENT TO A TEACHER OR ADMINISTRATOR AS DEFINED IN THE REGULATIONS
OF THE COMMISSIONER, AND ANY SCHOOL BUS DRIVER EMPLOYED BY ANY PERSON OR
ENTITY THAT CONTRACTS WITH A SCHOOL TO PROVIDE TRANSPORTATION SERVICES
A. 8485--B 5
TO CHILDREN SHALL BE REQUIRED TO COMPLETE TWO HOURS OF COURSEWORK OR
TRAINING REGARDING THE IDENTIFICATION AND REPORTING OF CHILD ABUSE AND
MALTREATMENT. THE COURSEWORK OR TRAINING SHALL BE OBTAINED FROM AN
INSTITUTION OR PROVIDER THAT HAS BEEN APPROVED BY THE DEPARTMENT TO
PROVIDE SUCH COURSEWORK OR TRAINING. THE COURSEWORK OR TRAINING SHALL
INCLUDE INFORMATION REGARDING THE PHYSICAL AND BEHAVIORAL INDICATORS OF
CHILD ABUSE AND MALTREATMENT AND THE STATUTORY REPORTING REQUIREMENTS
SET OUT IN SECTIONS FOUR HUNDRED THIRTEEN THROUGH FOUR HUNDRED TWENTY OF
THE SOCIAL SERVICES LAW, INCLUDING BUT NOT LIMITED TO, WHEN AND HOW A
REPORT MUST BE MADE, WHAT OTHER ACTIONS THE REPORTER IS MANDATED OR
AUTHORIZED TO TAKE, THE LEGAL PROTECTIONS AFFORDED REPORTERS, AND THE
CONSEQUENCES FOR FAILING TO REPORT. EACH EMPLOYEE IN SUCH TITLES SHALL
PROVIDE THE SCHOOL ADMINISTRATOR OF THE SCHOOL WITH DOCUMENTATION SHOW-
ING THAT HE OR SHE COMPLETED THE REQUIRED TRAINING. IN ADDITION, EACH
SCHOOL BUS DRIVER SHALL PROVIDE SUCH CONTRACTING PERSON OR ENTITY WITH
DOCUMENTATION SHOWING THAT HE OR SHE COMPLETED THE REQUIRED TRAINING.
THE DEPARTMENT SHALL BE AUTHORIZED TO REQUEST SUCH RECORDS ON A PERIODIC
BASIS AND MAY PUBLISH A LIST OF ANY PERSONS OR SCHOOLS WHO ARE NOT IN
COMPLIANCE WITH THIS SUBDIVISION ON ITS WEBSITE.
4. THE COURSEWORK OR TRAINING REQUIRED BY THIS SECTION SHALL NOT APPLY
TO THOSE PERSONS ALREADY REQUIRED TO UNDERGO COURSEWORK OR TRAINING
REGARDING THE IDENTIFICATION AND REPORTING OF CHILD ABUSE AND MALTREAT-
MENT PURSUANT TO SECTIONS THREE THOUSAND THREE AND THREE THOUSAND FOUR
OF THIS CHAPTER.
§ 9. Subdivision 3 of section 1133 of the education law, as added by
chapter 180 of the laws of 2000, is amended to read as follows:
3. Any superintendent of schools OR SCHOOL ADMINISTRATOR who reason-
ably and in good faith reports to law enforcement officials information
regarding allegations of child abuse or a resignation as required by
this article shall have immunity from any liability, civil or criminal,
which might otherwise result by reason of such actions.
§ 10. The education law is amended by adding a new section 1134 to
read as follows:
§ 1134. REPORTING TO THE VULNERABLE PERSONS' CENTRAL REGISTER. WHERE
A PERSON EMPLOYED BY A SCHOOL IS REQUIRED TO REPORT AN INCIDENT OF CHILD
ABUSE IN AN EDUCATIONAL SETTING TO THE VULNERABLE PERSONS' CENTRAL
REGISTER PURSUANT TO ARTICLE ELEVEN OF THE SOCIAL SERVICES LAW AND HE OR
SHE REPORTS SUCH INCIDENT THERETO, SUCH PERSON SHALL HAVE BEEN DEEMED TO
HAVE COMPLIED WITH THE REPORTING REQUIREMENTS OF THIS ARTICLE.
§ 11. This act shall take effect on the one hundred eightieth day
after it shall have become a law.