S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    32
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M. of A. GUNTHER, BRAUNSTEIN, STECK, MONTESANO -- Multi-
   Sponsored by -- M. of A. PERRY, J. 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 1135. SHORT TITLE.
         1136. DEFINITIONS.
         1137. PARENT'S RIGHT TO KNOW.
   § 1135. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE  CITED  AS
 THE "PARENT'S RIGHT TO KNOW ACT".
   §  1136.  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.
                                                            LBD02467-01-1
              

 A. 32                               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.
   § 1137. 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.