S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1618
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M.  of  A. GUNTHER, BRAUNSTEIN, STECK, SEAWRIGHT -- 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.
   2. "VOLUNTEER" SHALL MEAN ANY PERSON,  OTHER  THAN  AN  EMPLOYEE,  WHO
 PROVIDES  SERVICES  TO A SCHOOL OR SCHOOL DISTRICT, WHICH INVOLVE DIRECT
 STUDENT CONTACT.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01145-01-3
 A. 1618                             2
              

 
   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.