S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    273
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and Families
 
 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. The opening paragraph of subdivision 1 and subdivisions 1-a
 and 2 of section 1126 of the education law,  the  opening  paragraph  of
 subdivision  1 and subdivision 2 as amended and subdivision 1-a as added
 by chapter 363 of the laws of 2018, are amended 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, EMPLOYED SCHOOL BUS DRIVER or
 school  resource officer, that a child has been subjected to child abuse
 by an employee or volunteer 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  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03575-02-9

 S. 273                              2
 
 from a person employed by 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 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.
   §  2.  Subdivision 3 of section 1132 of the education law, as added by
 chapter 363 of the laws of 2018, 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.

 S. 273                              3
 
   § 3. Section 1134 of the education law, as added by chapter 363 of the
 laws of 2018, 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 chapter 363 of the laws of 2018, takes effect.