Legislation
SECTION 1132
Duties of the commissioner; child abuse in an educational setting
Education (EDN) CHAPTER 16, TITLE 1, ARTICLE 23-B
§ 1132. Duties of the commissioner; child abuse in an educational
setting. 1. The commissioner shall prepare a form for the recording and
transmitting of allegations of child abuse in an educational setting.
Such form shall include: (i) all definitions set out in section eleven
hundred twenty-five of this article; and (ii) adequate space for the
inclusion of any other information which the person making or filing the
report believes would be helpful in describing or explaining the
circumstances surrounding an allegation of child abuse in an educational
setting in accordance with the provisions of this article.
2. The commissioner shall promulgate rules and regulations for
training necessary for the implementation of this article provided all
employees specifically described in section eleven hundred twenty-six of
this article shall be required to complete training pursuant to such
rules and regulations. Such training shall include, at a minimum,
information regarding the physical and behavioral indicators of child
abuse and maltreatment and the statutory reporting requirements set out
in sections four hundred thirteen, four hundred fourteen, four hundred
fifteen, four hundred sixteen, four hundred seventeen, four hundred
eighteen, four hundred nineteen and 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 reporters, and the consequences for
failing to report.
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
transportation 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 reporters, 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 contracting 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.
4. The coursework or training required by this section shall not apply
to those persons already required to undergo coursework or training
regarding the identification and reporting of child abuse and
maltreatment pursuant to sections three thousand three and three
thousand four of this chapter.
setting. 1. The commissioner shall prepare a form for the recording and
transmitting of allegations of child abuse in an educational setting.
Such form shall include: (i) all definitions set out in section eleven
hundred twenty-five of this article; and (ii) adequate space for the
inclusion of any other information which the person making or filing the
report believes would be helpful in describing or explaining the
circumstances surrounding an allegation of child abuse in an educational
setting in accordance with the provisions of this article.
2. The commissioner shall promulgate rules and regulations for
training necessary for the implementation of this article provided all
employees specifically described in section eleven hundred twenty-six of
this article shall be required to complete training pursuant to such
rules and regulations. Such training shall include, at a minimum,
information regarding the physical and behavioral indicators of child
abuse and maltreatment and the statutory reporting requirements set out
in sections four hundred thirteen, four hundred fourteen, four hundred
fifteen, four hundred sixteen, four hundred seventeen, four hundred
eighteen, four hundred nineteen and 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 reporters, and the consequences for
failing to report.
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
transportation 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 reporters, 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 contracting 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.
4. The coursework or training required by this section shall not apply
to those persons already required to undergo coursework or training
regarding the identification and reporting of child abuse and
maltreatment pursuant to sections three thousand three and three
thousand four of this chapter.