Child Abuse in an Educational Setting Definitions
- “Child abuse” shall mean any of the following acts committed in an educational setting by an employee or volunteer against a child:
- intentionally or recklessly inflicting physical injury, serious physical injury or death, or
- intentionally or recklessly engaging in conduct which creates a substantial risk of such physical injury, serious physical injury or death, or
- any child sexual abuse as defined in this section, or
- the commission or attempted commission against a child of the crime of disseminating indecent materials to minors pursuant to Article 235 of the Penal Law.
- “Child” shall mean a person under the age of 21 years enrolled in a school.
- “Employee” shall mean any person: (i) who is receiving compensation from a school or (ii) whose duties involve direct student contact and (a) who is receiving compensation from any person or entity that contracts with a school to provide transportation services to children, or (b) who is an 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 employees, directly or through contract, whereby such services performed by such person involve direct student contact.
- “Volunteer” shall mean any person, other than an employee, who has direct student conduct and: (i) provides services to a school or (ii) provides services to any person or entity that contracts with a school to provide transportation services to children.
- “Educational setting” shall mean the building and grounds of a school, the vehicles provided directly or by contract by the school for the transportation of students to and from school buildings, field trips, co-curricular and extra-curricular activities, both on and off school district grounds, all co-curricular and extra-curricular activity sites, and any other location where direct contact between an employee or volunteer and a child has allegedly occurred.
- “Administrator” or “school administrator” shall mean a principal, or the equivalent title, in a school, or other chief school officer.
- “Law enforcement authorities” shall mean a municipal police department, sheriff’s department, the division of state police or any officer thereof. Notwithstanding any other provision of law, law enforcement authorities shall not include any child protective service or society for the prevention of cruelty to children as such terms are defined in section four hundred twenty-three of the social services law.
- “Parent” shall mean either or both of a child’s parents or other persons legally responsible for the child.
- “Child sexual abuse” shall mean conduct prohibited by article one hundred thirty or two hundred sixty-three of the penal law.
- "School" shall include a school district, public school, charter school, nonpublic school, BOCES, special act school district as defined by Ed Law §4001, approved preschool special education program pursuant to Ed Law §4410, approved private residential or non-residential school for the education of students with disabilities including private schools established under chapter 853 of the laws of 1976, or state-operated or state-supported school in accordance with articles 85, 87, or 88 of the Education Law.
Last Updated:
July 11, 2022