S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10325
 
                           I N  A S S E M B L Y
 
                               May 17, 2024
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Hevesi) --
   read once and referred to the Committee on Children and Families
 
 AN ACT to amend the family court act, the criminal procedure law and the
   education law, in relation to notifying school districts of orders  of
   protection and temporary orders of protection

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 842 of the family court act is amended by adding  a
 new closing paragraph to read as follows:
   IN  ANY  PROCEEDING  IN  WHICH A CHILD IS THE PROTECTED PARTY IN WHOSE
 FAVOR AN ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION  HAS  BEEN
 ISSUED,  AND  SUCH  CHILD  LEGALLY  ATTENDS A SCHOOL IN THE STATE OF NEW
 YORK, THE COURT SHALL NOTIFY SUCH SCHOOL OR BOARD OF COOPERATIVE  EDUCA-
 TIONAL SERVICES OF SUCH SCHOOL DISTRICT ON THE SAME DAY AS THE ISSUANCE,
 MODIFICATION,  EXTENSION,  DISMISSAL,  OR  EXPIRATION  OF  THE  ORDER OF
 PROTECTION OR TEMPORARY ORDER OF PROTECTION, OR AS  SOON  THEREAFTER  AS
 PRACTICABLE,  WHEN  SUCH  ORDER  OF  PROTECTION  OR  TEMPORARY  ORDER OF
 PROTECTION REQUIRES THE PARENT OR THE  PERSON  LEGALLY  RESPONSIBLE  FOR
 SUCH  CHILD'S  CARE, OR THE SPOUSE OF THE PARENT OR OTHER PERSON LEGALLY
 RESPONSIBLE FOR SUCH CHILD'S  CARE,  TO  STAY  AWAY  FROM  SUCH  CHILD'S
 SCHOOL.    THE  PRESENTATION  OF  A COPY OF SUCH ORDER TO SUCH SCHOOL OR
 BOARD OF COOPERATIVE EDUCATIONAL SERVICES OF SUCH SCHOOL DISTRICT  SHALL
 NOT  IMPOSE  ON SUCH SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES
 OF SUCH SCHOOL DISTRICT ANY DUTY OF CARE GREATER THAN  WHAT  IS  LEGALLY
 REQUIRED.  THE  COURT  SHALL BE REQUIRED TO ADOPT A PROCESS BY WHICH THE
 SCHOOL DISTRICT SUPERINTENDENT, SCHOOL  BUILDING  PRINCIPAL,  OR  SCHOOL
 ADMINISTRATOR OF THE SCHOOL SUCH CHILD LEGALLY ATTENDS IS CONFIDENTIALLY
 NOTIFIED BY MAIL, FAX, OR SECURE ELECTRONIC DOCUMENT.
   §  2. Subdivisions 6 and 8 of section 530.12 of the criminal procedure
 law, as amended by chapter 480 of the laws of 2013, are amended to  read
 as follows:
   6.  An  order  of protection or a temporary order of protection issued
 pursuant to subdivision one, two, three, four or five  of  this  section
 shall  bear  in  a  conspicuous manner the term "order of protection" or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15509-01-4
 A. 10325                            2

 "temporary order of protection" as the case may be and a copy  shall  be
 filed  by the clerk of the court with the sheriff's office in the county
 in which the complainant resides, or, if the complainant resides  within
 a city, with the police department of such city. The order of protection
 or  temporary  order  of  protection  shall  also  contain the following
 notice: "This order of protection will remain  in  effect  even  if  the
 protected  party has, or consents to have, contact or communication with
 the party against whom the order is issued. This order of protection can
 only be modified or terminated by the court. The protected party  cannot
 be  held  to  violate  this  order  nor  be  arrested for violating this
 order."[.] The absence of such language shall not affect the validity of
 such order. A copy of such order of protection  or  temporary  order  of
 protection may from time to time be filed by the clerk of the court with
 any  other  police department or sheriff's office having jurisdiction of
 the residence, work place, and school of anyone intended to be protected
 by such order. IN ANY PROCEEDING IN WHICH A CHILD IS THE PROTECTED PARTY
 IN WHOSE FAVOR AN ORDER OF PROTECTION OR TEMPORARY ORDER  OF  PROTECTION
 HAS  BEEN  ISSUED,  AND  SUCH  CHILD LEGALLY ATTENDS A PUBLIC OR PRIVATE
 ELEMENTARY, MIDDLE, OR SECONDARY SCHOOL IN THE STATE OF  NEW  YORK,  THE
 CLERK  OF  THE  COURT SHALL CONFIDENTIALLY NOTIFY THE SCHOOL SUPERINTEN-
 DENT, SCHOOL DISTRICT SUPERINTENDENT, BUILDING PRINCIPAL,  AND/OR  OTHER
 SCHOOL  ADMINISTRATOR OF SUCH SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL
 SERVICES OF SUCH SCHOOL DISTRICT PURSUANT TO SUBDIVISION EIGHT  OF  THIS
 SECTION. A copy of the order may also be filed by the complainant at the
 appropriate  police  department or sheriff's office having jurisdiction.
 Any subsequent amendment or revocation of such order shall be  filed  in
 the same manner as herein provided.
   Such  order of protection shall plainly state the date that such order
 expires.
   8. In any proceeding in which an  order  of  protection  or  temporary
 order of protection or a warrant has been issued under this section, the
 clerk  of  the  court  shall  issue to the complainant and defendant and
 defense counsel and to any other person affected by the order a copy  of
 the order of protection or temporary order of protection and ensure that
 a  copy  of  the order of protection or temporary order of protection be
 transmitted to the local correctional facility where the  individual  is
 or  will be detained, the state or local correctional facility where the
 individual is or will  be  imprisoned,  and  the  supervising  probation
 department  or department of corrections and community supervision where
 the individual is  under  probation  or  parole  supervision.    IN  ANY
 PROCEEDING  IN  WHICH  A  CHILD IS THE PROTECTED PARTY IN WHOSE FAVOR AN
 ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION  HAS  BEEN  ISSUED,
 AND  SUCH  CHILD LEGALLY ATTENDS A PUBLIC OR PRIVATE ELEMENTARY, MIDDLE,
 OR SECONDARY SCHOOL IN THE STATE OF NEW YORK, THE  CLERK  OF  THE  COURT
 SHALL  CONFIDENTIALLY  NOTIFY THE SCHOOL SUPERINTENDENT, SCHOOL DISTRICT
 SUPERINTENDENT, BUILDING PRINCIPAL, AND/OR OTHER SCHOOL ADMINISTRATOR OF
 SUCH SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES OF SUCH  SCHOOL
 DISTRICT  BY  MAIL,  FAX, OR SECURE ELECTRONIC FORMAT ON THE SAME DAY AS
 THE ISSUANCE, MODIFICATION, EXTENSION, DISMISSAL, OR EXPIRATION  OF  THE
 ORDER  OF PROTECTION OR TEMPORARY ORDER OF PROTECTION, OR AS SOON THERE-
 AFTER AS PRACTICABLE, WHEN SUCH ORDER OF PROTECTION OR  TEMPORARY  ORDER
 OF  PROTECTION REQUIRES THE PARENT OR THE PERSON LEGALLY RESPONSIBLE FOR
 SUCH CHILD'S CARE, OR THE SPOUSE OF THE PARENT OR OTHER  PERSON  LEGALLY
 RESPONSIBLE  FOR  SUCH  CHILD'S  CARE,  TO  STAY  AWAY FROM SUCH CHILD'S
 SCHOOL. THE PRESENTATION OF A COPY OF SUCH ORDER TO SUCH SCHOOL OR BOARD
 OF COOPERATIVE EDUCATIONAL SERVICES OF SUCH SCHOOL  DISTRICT  SHALL  NOT
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 IMPOSE  ON  SUCH  SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES OF
 SUCH SCHOOL DISTRICT ANY DUTY OF  CARE  GREATER  THAN  WHAT  IS  LEGALLY
 REQUIRED.  The  presentation of a copy of such order or a warrant to any
 peace  officer  acting  pursuant  to  [his  or her] SUCH PEACE OFFICER'S
 special duties or police officer shall constitute authority for [him  or
 her]  SUCH OFFICER to arrest a person who has violated the terms of such
 order and bring such person before the court and, otherwise, so  far  as
 lies  within  [his  or her] SUCH OFFICER'S power, to aid in securing the
 protection such order was intended to afford.  The  protected  party  in
 whose  favor the order of protection or temporary order of protection is
 issued may not be held to violate an order issued in [his or  her]  SUCH
 PARTY'S  favor  nor  may  such protected party be arrested for violating
 such order.
   § 3. Paragraph e of subdivision 4 of section 2-d of the education law,
 as added by section 1 of subpart L of part AA of chapter 56 of the  laws
 of 2014, is amended to read as follows:
   e.  Except as required by law or in the case of educational enrollment
 data, school districts shall not report to the department the  following
 student data elements:
   (1) juvenile delinquency records;
   (2) criminal records;
   (3) medical and health records; [and]
   (4) student biometric information; AND
   (5) ORDERS OF PROTECTION IN WHICH THE STUDENT IS THE PROTECTED PARTY.
   §  4.  Paragraph  c  of subdivision 1 of section 3210 of the education
 law, as added by chapter 549 of the laws of 1986, is amended to read  as
 follows:
   c. In the event that a person requests the release of a minor required
 by  the  provisions  of part one of this article to attend upon instruc-
 tion, the identity of such person shall be verified against  a  list  of
 names  provided  by  the  person  or persons in parental relation to the
 minor, as defined in section two of this chapter, at the  time  of  such
 minor's enrollment. The school district may adopt appropriate procedures
 for  the purpose of submitting a list of names at a later date or updat-
 ing the list of names provided by the  person  or  persons  in  parental
 relation.  If such person is identified as one of those persons included
 on such list, such minor may be released from attendance. If such person
 is identified as a person not included on such list, such minor may  not
 be  released  except  in  the event of an emergency as determined in the
 sole discretion of  the  principal  of  the  school,  or  his  designee,
 provided  that  the  person or persons in parental relation to the minor
 have been contacted and have agreed to such release. A  school  district
 may  presume  that  either parent of the student has authority to obtain
 the release of said minor unless the school district has  been  provided
 with  a  certified  copy  of the legally binding instrument, such as the
 court order or decree of divorce, separation or custody  which  provides
 evidence  to the contrary, OR AN ORDER OF PROTECTION PURSUANT TO SECTION
 EIGHT HUNDRED FORTY-TWO OF THE FAMILY COURT ACT OR SUBDIVISIONS SIX  AND
 EIGHT  OF  SECTION  530.12  OF  THE CRIMINAL PROCEDURE LAW. No situation
 shall be deemed an emergency until the facts of such situation have been
 verified by such principal or [his] SUCH PRINCIPAL'S designee. No  civil
 or  criminal  liability  shall arise or attach to any school district or
 employee thereof for any act or omission to act as a result  of,  or  in
 connection with, the duties or activities authorized or directed by this
 paragraph. The foregoing procedure shall not apply to release of a minor
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 pursuant to the protective custody provisions of the social services law
 and the family court act.
   §  5.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.