Student Support Services

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 district in this State, other than a school district within a city having a population of one million or more.
  • “Employee” shall mean 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 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 provides services to a school or school district, which involve direct student contact.
  • “Educational setting” shall mean the building and grounds of a public school district, the vehicles provided by the school district 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 of a public school, charter school or board of cooperative educational services, 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.
Last Updated: December 29, 2010