New York State Consolidated Laws *Article 23-B
Child Abuse in an Educational Setting
Section 1125. Definitions.
1126. Duties of employees specifically enumerated in this
section upon receipt of an allegation of child abuse
in an educational setting.
1127. Confidentiality of records.
1128. Duties of school administrators and superintendents upon
receipt of a written report alleging child abuse in an
educational setting.
1128-a. Additional duties of superintendents.
1129. Penalties for failure to comply.
1130. Notification by district attorney.
1131. Actions upon criminal conviction of a licensed or certi-
fied school employee.
1132. Duties of the commissioner; child abuse in an educa-
tional setting.
1133. Unreported resignation against public policy.
* NB Effective July 1, 2001
* S 1125. Definitions. For the purposes of this article the following
terms shall have the following meanings:
1. "Child abuse" shall mean any of the following acts committed in an
educational setting by an employee or volunteer against a child: (a)
intentionally or recklessly inflicting physical injury, serious physical
injury or death, or (b) intentionally or recklessly engaging in conduct
which creates a substantial risk of such physical injury, serious phys-
ical injury or death, or (c) any child sexual abuse as defined in this
section, or (d) the commission or attempted commission against a child
of the crime of disseminating indecent materials to minors pursuant to
article two hundred thirty-five of the penal law.
2. "Child" shall mean a person under the age of twenty-one 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.
3. "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.
4. "Volunteer" shall mean any person, other than an employee, who
provides services to a school or school district, which involve direct
student contact.
5. "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.
6. "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.
7. "Law enforcement authorities" shall mean a municipal police depart-
ment, 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 any socie-
ty for the prevention of cruelty to children as such terms are defined
in section four hundred twenty-three of the social services law.
8. "Parent" shall mean either or both of a child`s parents or other
persons legally responsible for the child.
9. "Child sexual abuse" shall mean conduct prohibited by article one
hundred thirty or two hundred sixty-three of the penal law.
* NB Effective July 1, 2001
* S 1126. Duties of employees specifically enumerated in this section
upon receipt of an allegation of child abuse in an educational setting.
1. In any case where an oral or written allegation is made to a teacher,
school nurse, school guidance counselor, school psychologist, school
social worker, school administrator, school board member or other school
personnel required to hold a teaching or administrative license or
certificate, that a child has been subjected to child abuse by an
employee or volunteer in an educational setting, such person shall upon
receipt of such allegation:
(a) promptly complete a written report of such allegation including
the full name of the child alleged to be abused; the name of the child`s
parent; the identity of the person making the allegation and their
relationship to the alleged child victim; the name of the employee or
volunteer against whom the allegation was made; and a listing of the
specific allegations of child abuse in an educational setting. Such
written report shall be upon a form as prescribed in section eleven
hundred thirty-two of this article.
(b) except where the school administrator is the person receiving such
oral or written allegation, promptly personally deliver a copy of such
written report to the school administrator of the school in which the
child abuse allegedly occurred.
2. In any case where it is alleged that a child was abused by an
employee or volunteer of a school other than a school within the school
district of the child`s attendance, the report of such allegations shall
be promptly forwarded to the superintendent of schools of the school
district of the child`s attendance and the school district where the
abuse allegedly occurred, whereupon both school superintendents shall
comply with sections eleven hundred twenty-eight and eleven hundred
twenty-eight-a of this article.
3. Any employee or volunteer who reasonably and in good faith makes a
report of allegations of child abuse in an educational setting to a
person and in a manner described in this section shall have immunity
from civil liability which might otherwise result by reason of such
actions.
* NB Effective July 1, 2001
* S 1127. Confidentiality of records. Reports and other written mate-
rial submitted pursuant to this article, and photographs taken concern-
ing such reports in the possession of any person authorized to receive
such information, pursuant to this article, shall be confidential and
shall not be redisclosed except to law enforcement authorities involved
in an investigation of child abuse in an educational setting or as
expressly authorized by law or pursuant to a court-ordered subpoena. A
school administrator or a school superintendent shall exercise reason-
able care in preventing such unauthorized disclosure. Willful disclosure
of a written record required to be kept confidential pursuant to this
section to a person not authorized to receive or review such record is a
class A misdemeanor.
* NB Effective July 1, 2001
* S 1128. Duties of school administrators and superintendents upon
receipt of a written report alleging child abuse in an educational
setting. Upon receipt of a written report described in paragraph (a) of
subdivision one of section eleven hundred twenty-six of this article
alleging that a child has been abused in an educational setting, a
school administrator or superintendent shall where there is a reasonable
suspicion to believe that an act of child abuse has occurred:
1. Where the subject child has made the allegation: (a) promptly noti-
fy the parent of such child that an allegation of child abuse in an
educational setting has been made regarding such child and promptly
provide the parent with a written statement prepared pursuant to regu-
lations of the commissioner setting forth parental rights, responsibil-
ities and procedures under this article; (b) where a school administra-
tor receives a written report, promptly 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 enforce-
ment be delayed by reason of an inability to contact the superintendent.
2. Where a parent of the child has made the allegation: (a) promptly
provide the parent of such child with a written statement prepared
pursuant to regulations of the commissioner setting forth parental
rights, responsibilities and procedures under this article; (b) where a
school administrator receives a written report, promptly 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 of a
subject child has made the allegation: (a) promptly notify the parent of
the subject child that an allegation of child abuse in an educational
setting has been made regarding his or her child and promptly provide
the parent with a written statement prepared pursuant to regulations of
the commissioner 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 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.
4. Any school administrator or superintendent who reasonably and in
good faith makes a report of allegations of child abuse in an educa-
tional setting or reasonably and in good faith transmits such a report
to a person or agency as required by this article and in a manner
described in section eleven hundred twenty-six of this article and
this
section shall have immunity from civil liability which might otherwise
result by reason of such actions.
* NB Effective July 1, 2001
* S 1128-a. Additional duties of superintendents. 1. Where a super-
intendent of schools forwards to law enforcement a report as described
in paragraph (a) of subdivision one of section eleven hundred twenty-six
of this article, he or she shall refer such report to the commissioner
where the employee or volunteer alleged to have committed an act of
child abuse as defined in this article holds a certification or license
issued by the department.
2. A report which is made pursuant to this article and does not, after
investigation, result in a criminal conviction shall be expunged from
any record which may be kept by a school or school district with respect
to the subject of such a report after a period of five years from the
date of the making of such report or at such earlier time as such
school, or school district, as the case may be, determines.
* NB Effective July 1, 2001
* S 1129. Penalties for failure to comply. 1. Willful failure of an
employee to prepare and submit a written report of an allegation of
child abuse as required by this article shall be a class A misdemeanor.
2. (a) Willful failure of a school administrator or superintendent to
submit a written report of child abuse to an appropriate law enforcement
authority, as required by this article, shall be a class A misdemeanor.
(b) Notwithstanding paragraph (a) of this subdivision, any failure to
submit a written report of child abuse to an appropriate law enforcement
authority as required by this article, shall be punishable by a civil
penalty not to exceed five thousand dollars upon an administrative
determination by the commissioner.
* NB Effective July 1, 2001
* S 1130. Notification by district attorney. Where a criminal investi-
gation of an allegation of child abuse by an employee or volunteer is
undertaken in response to a report forwarded by a school administrator
or superintendent to law enforcement authorities pursuant to section
eleven hundred twenty-eight of this article, and where law enforcement
authorities have provided such report to the district attorney and have
requested assistance, as soon as practicable, it shall be the responsi-
bility of the district attorney to notify the superintendent of schools
of the district where the acts of child abuse allegedly occurred and of
the school district where the child is attending, if different, of an
indictment or the filing of an accusatory instrument against the employ-
ee or volunteer against whom an allegation of child abuse in an educa-
tional setting was made. The district attorney shall notify the super-
intendent of schools of the district where the acts of child abuse
allegedly occurred and of the school district, if different, where the
child is attending of the disposition of the criminal case against such
employee or volunteer or the suspension or termination of the criminal
investigation of such employee or volunteer.
* NB Effective July 1, 2001
* S 1131. Actions upon criminal conviction of a licensed or certified
school employee. 1. In the event that a licensed or certified school
employee against whom an allegation of child abuse in an educational
setting has been made, is convicted of any crime involving child abuse
in an educational setting, the district attorney shall provide notice
thereof to the commissioner, the superintendent of schools of the
district where the acts of child abuse occurred and to the school
district where the child is attending school, if different.
2. Upon receiving notice of a conviction from a district attorney
pursuant to subdivision one of this section, the commissioner shall,
without delay, proceed to determine whether the individual possesses
good moral character, in accordance with the regulations of the commis-
sioner governing such a determination.
3. Nothing in this article shall be construed as creating any authori-
ty to take an adverse action against an employee or volunteer by virtue
of a report pursuant to this article which has not been substantiated.
4. An employee or volunteer who has adverse action taken against him
or her by virtue of or in connection with any report made pursuant to
this article shall be entitled to receive a copy of such report and
respond to the allegations of child abuse made therein. Any employee or
volunteer shall, in addition, be entitled to seek disclosure of such
report pursuant to article six of the public officers law.
* NB Effective July 1, 2001
* S 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 circum-
stances 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 train-
ing necessary for the implementation of this article.
* NB Effective July 1, 2001
* S 1133. Unreported resignation against public policy. 1. A school
administrator or superintendent shall not make any agreement to withhold
from law enforcement authorities, the superintendent or the commission-
er, where appropriate, the fact that an allegation of child abuse in an
educational setting on the part of any employee or volunteer as required
by this article in return for the resignation or voluntary suspension
from his or her position of such person, against whom the allegation is
made.
2. Each violation of subdivision one of this section shall constitute
a class E felony, and shall also be punishable by a civil penalty not to
exceed twenty thousand dollars.
3. Any superintendent of schools who reasonably and in good faith
reports to law enforcement officials information regarding allegations
of child abuse or a resignation as required by this article shall have
immunity from any liability, civil or criminal, which might otherwise
result by reason of such actions.