S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    887
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by  M.  of  A.  GUNTHER,  BRAUNSTEIN, STECK, TITONE, HOOPER,
   JAFFEE, GRAF, MONTESANO,  McLAUGHLIN,  WALTER,  PALUMBO,  SALADINO  --
   Multi-Sponsored by -- M. of A. ARROYO, CROUCH, MAGEE, PERRY, RIVERA --
   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.
   §  1134.  SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
 THE "PARENT'S RIGHT TO KNOW ACT".
   § 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.
                                                            LBD02703-01-7

              

 A. 887                              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.
   § 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.
   §  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.