NY State Senate Bill 2025-S5765

Senate Bill S5765

2025-2026 Legislative Session

Requires immediate notification of a child's parent or guardian when an allegation of child abuse in an educational setting has been made regarding such child

download bill text pdf

Current Bill Status - In Senate Committee Children And Families Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 28, 2025	referred to children and families

2025-S5765 (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Education Law
Laws Affected:: Amd §1128, Ed L

2025-S5765 (ACTIVE) - Summary

Requires immediate notification of a child's parent or guardian when an allegation of child abuse in an educational setting has been made regarding such child.

2025-S5765 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5765

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the education law, in relation to requiring immediate
notification of a child's parent or guardian when an allegation of child
abuse in an educational setting has been made regarding such child

 
PURPOSE:

This bill strengthens reporting requirements to parents and guardians
for allegations of child abuse in educational settings.

 
SUMMARY OF PROVISIONS:

Section 1: Amends subdivisions 1 and 3 of section 1128 of the education
law. Replaces the term "promptly" with "immediately" to ensure faster
notification to parents or guardians when their child is the victim of a
child abuse allegation.

Section 2: Sets Effective Date

 
JUSTIFICATION:

This bill will ensure a more immediate response to allegations of child
abuse in educational settings, prioritizing the safety and well-being of
children. Current law requires that a school administrator or super-
intendent notify a parent/guardian "promptly" when the subject child or
a person other than the subject child makes an allegation of child abuse
in an educational setting.

A recent situation in Orange County highlights the critical need for
this bill. In this case, an elementary school-aged child told his teach-
er that he was sexually assaulted by another student. The teacher
reported the incident to school administration. School administration
sent the child back to class for hours and rode home on the bus. Upon
his return home, the child's mother could sense he was upset. The child
had to explain the situation to his mother, who was never notified by
school officials and was only contacted by State police hours later.

The bill directly addresses these types of failures by requiring that
parents or guardians be immediately notified of allegations, providing
them with timely information so they can take the necessary steps to
protect their children. The bill aims to avoid situations where delays
could further harm the child, as seen in this case where the child was
put back in the classroom with no immediate intervention. By mandating
immediate notification to parents/guardians, the bill ensures they are
swiftly informed of potential abuse, enabling them to take necessary
actions to protect their child.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

2025-S5765 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5765
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 28, 2025
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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  requiring  immediate
   notification  of  a  child's  parent or guardian when an allegation of
   child abuse in an educational setting has  been  made  regarding  such
   child
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1 and 3 of section 1128 of the education  law,
 as  added  by  chapter  180  of the laws of 2000, are amended to read as
 follows:
   1. Where the subject child has made  the  allegation:  (a)  [promptly]
 IMMEDIATELY  notify the parent OR GUARDIAN of such child that an allega-
 tion of child abuse in an educational setting has  been  made  regarding
 such  child  and  promptly provide the parent OR GUARDIAN with a written
 statement prepared pursuant to regulations of the  commissioner  setting
 forth  parental rights, responsibilities and procedures under this arti-
 cle; (b) where a school administrator receives a written report, prompt-
 ly provide a copy of such report to the superintendent; and (c) promptly
 forward such report to appropriate law enforcement  authorities.  In  no
 event  shall  reporting  to  law  enforcement be delayed by reason of an
 inability to contact the superintendent.
   3. Where a person other than the subject child or the parent OR GUARD-
 IAN of a subject child has made the  allegation:  (a)  [promptly]  IMME-
 DIATELY notify the parent OR GUARDIAN of the subject child that an alle-
 gation  of child abuse in an educational setting has been made regarding
 [his or her] THEIR child and promptly provide  the  parent  OR  GUARDIAN
 with a written statement prepared pursuant to regulations of the commis-
 sioner  setting  forth  parental rights, responsibilities and procedures
 under this article; (b) ascertain from the person making such report the
 source and basis for such allegation; (c) where a  school  administrator
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10116-01-5

 S. 5765                             2
 
 receives a written report, promptly provide a copy of such report to the
 superintendent;  and (d) promptly forward such report to appropriate law
 enforcement authorities. In no event shall reporting to law  enforcement
 be delayed by reason of an inability to contact the superintendent.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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