S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5842
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 20, 2019
                                ___________
 
 Introduced  by M. of A. NOLAN -- read once and referred to the Committee
   on Education
 
 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. Subdivision 1-a of section 1126 of the  education  law,  as
 added  by  a  chapter  of  the  laws of 2018, amending the education law
 relating to child abuse in an educational setting, as proposed in legis-
 lative bills numbers S. 7372-B and A. 8485-B,  is  amended  to  read  as
 follows:
   1-a.  (i) In any case where an oral or written allegation is made to a
 school bus driver employed by a  SCHOOL  OR  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  volun-
 teer  in  an educational 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 SCHOOL OR 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 SCHOOL OR A person or entity that
 contracts with a school to provide transportation services  to  children
 from a person employed by the SCHOOL OR THE contracted person or entity,
 that  a  child  in  such  school has been subjected to child abuse by an
 employee or volunteer in an educational setting, such  supervisor  shall
 upon  receipt  of  such allegation 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  allega-
 tion  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07041-01-9

 A. 5842                             2
 
 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 admin-
 istrator employed by the school where the child abuse occurred.
   § 2. Subdivision 3 of section 1132 of the education law, as added by a
 chapter of the laws of 2018, amending  the  education  law  relating  to
 child  abuse in an educational setting, as proposed in legislative bills
 numbers S. 7372-B and A. 8485-B, is amended 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 A SCHOOL OR
 any person or entity that contracts with a school to provide transporta-
 tion services 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  repor-
 ters,  and the consequences for failing to report. Each employee in such
 titles shall  provide  the  school  administrator  of  the  school  with
 documentation showing that he or she completed the required training. In
 addition,  each school bus driver shall provide such SCHOOL OR contract-
 ing 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.
   §  3.  Section 1134 of the education law, as added by a chapter of the
 laws of 2018, amending the education law relating to child abuse  in  an
 educational  setting, as proposed in legislative bills numbers S. 7372-B
 and A. 8485-B, is amended to read as follows:
   § 1134. Reporting to the vulnerable persons' central register AND  THE
 STATEWIDE  CENTRAL  REGISTER  OF  CHILD  ABUSE AND MALTREATMENT. 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  OR  THE
 STATEWIDE  CENTRAL  REGISTER OF CHILD ABUSE AND MALTREATMENT PURSUANT TO
 ARTICLE SIX OF THE SOCIAL SERVICES LAW and he or she reports such  inci-
 dent  thereto,  such person shall have been deemed to have complied with
 the reporting requirements of this article.
   § 4. This act shall take effect on the  same  date  and  in  the  same
 manner  as  a  chapter  of  the laws of 2018, amending the education law
 relating to child abuse in an educational setting, as proposed in legis-
 lative bills numbers S. 7372-B and A. 8485-B, takes effect.