SSS

Student Support Services

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.

Last Updated: December 29, 2010