Bill Text: NY A00465 | 2009-2010 | General Assembly | Introduced

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Bill Title: Relates to a parent's right to know if an employee, volunteer or an administrator of a school district is reprimanded for inappropriate conduct towards his or her child; enacts "parent's right to know" act.

Spectrum: Moderate Partisan Bill (Democrat 10-3)

Status: (Introduced - Dead) 2011-01-05 - referred to education [A00465 Detail]

Download: New_York-2009-A00465-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          465
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by M. of A. GUNTHER, PHEFFER, SPANO -- Multi-Sponsored by --
         M.  of  A.  BOYLE,  MAGEE,  MAYERSOHN,  MOLINARO,  PERRY,   N. RIVERA,
         P. RIVERA,  ROBINSON,  WEISENBERG, WRIGHT -- read once and referred to
         the Committee on Education
       AN ACT to amend the education law, in relation to the parent's right  to
         know  of  allegations  of  inappropriate  conduct by a school district
         employee, volunteer or administrator
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The education law is amended by adding a new article 23-C
    2  to read as follows:
    3                                ARTICLE 23-C
    4                         PARENT'S RIGHT TO KNOW ACT
    5  SECTION 1134. SHORT TITLE.
    6          1135. DEFINITIONS.
    7          1136. PARENT'S RIGHT TO KNOW.
    8    S 1134. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE  CITED  AS
    9  THE "PARENT'S RIGHT TO KNOW ACT".
   10    S  1135.  DEFINITIONS.  FOR THE PURPOSES OF THIS ARTICLE THE FOLLOWING
   11  TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   12    1. "EMPLOYEE" SHALL MEAN A SCHOOL BOARD MEMBER ACTING IN  HIS  OR  HER
   13  CAPACITY  AS  A  SCHOOL  BOARD  MEMBER,  AS WELL AS ANY PERSON RECEIVING
   14  COMPENSATION FROM A SCHOOL DISTRICT OR EMPLOYEE OF A CONTRACTED  SERVICE
   15  PROVIDER  OR  WORKER  PLACED WITHIN THE SCHOOL UNDER A PUBLIC ASSISTANCE
   16  EMPLOYMENT PROGRAM, PURSUANT TO TITLE NINE-B  OF  ARTICLE  FIVE  OF  THE
   17  SOCIAL  SERVICES  LAW,  AND CONSISTENT WITH THE PROVISIONS OF SUCH TITLE
   18  FOR THE PROVISION OF SERVICES TO SUCH DISTRICT, ITS STUDENTS OR  EMPLOY-
   19  EES,  DIRECTLY  OR  THROUGH CONTRACT, WHEREBY SUCH SERVICES PERFORMED BY
   20  SUCH PERSON INVOLVE DIRECT STUDENT CONTACT.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02088-01-1
       A. 465                              2
    1    2. "VOLUNTEER" SHALL MEAN ANY PERSON,  OTHER  THAN  AN  EMPLOYEE,  WHO
    2  PROVIDES  SERVICES  TO A SCHOOL OR SCHOOL DISTRICT, WHICH INVOLVE DIRECT
    3  STUDENT CONTACT.
    4    3.  "ADMINISTRATOR"  OR "SCHOOL ADMINISTRATOR" SHALL MEAN A PRINCIPAL,
    5  ASSISTANT PRINCIPAL, SUPERINTENDENT OR  ASSISTANT  SUPERINTENDENT  OF  A
    6  PUBLIC  SCHOOL,  CHARTER  SCHOOL  OR  BOARD  OF  COOPERATIVE EDUCATIONAL
    7  SERVICES, OR OTHER CHIEF SCHOOL OFFICER.
    8    S 1136. PARENT'S RIGHT TO KNOW.  EVERY PUBLIC SCHOOL DISTRICT, OR  ANY
    9  OTHER  SCHOOL  WHICH  PRIMARILY SERVES PERSONS UNDER THE AGE OF EIGHTEEN
   10  AND WHICH IS REGISTERED WITH THE DEPARTMENT SHALL, WITHIN SIXTY DAYS  OF
   11  THE  ENACTMENT  OF  THIS SECTION, ADOPT A POLICY WHICH SHALL PROVIDE FOR
   12  NOTIFICATION AS SOON AS REASONABLY PRACTICABLE  TO  A  PARENT  OR  LEGAL
   13  GUARDIAN  OF AN AFFECTED STUDENT OR STUDENTS OF INAPPROPRIATE CONDUCT BY
   14  AN EMPLOYEE, VOLUNTEER  OR  ADMINISTRATOR  OF  A  SCHOOL  DISTRICT  WITH
   15  RESPECT TO A PARTICULAR STUDENT OR STUDENTS IN THE EVENT THAT THE SUPER-
   16  INTENDENT  OF  SCHOOLS,  THE  SCHOOL  BOARD, OR ANY MEMBER OF THE SCHOOL
   17  BOARD ACTING WITH THE AUTHORIZATION OF SUCH BOARD, SUCH AUTHORIZATION TO
   18  HAVE BEEN PROVIDED DURING  AN  EXECUTIVE  SESSION,  PROVIDES  A  WRITTEN
   19  CENSURE,  REPRIMAND, OR OTHERWISE IN WRITING ADVISES AN EMPLOYEE, VOLUN-
   20  TEER, OR AN ADMINISTRATOR OF THE SCHOOL DISTRICT OF SUCH PERSON'S  INAP-
   21  PROPRIATE CONDUCT WITH RESPECT TO A PARTICULAR STUDENT OR STUDENTS.
   22    S  2.  This act shall take effect immediately; provided, however, that
   23  this act shall not impair  any  provision  of  a  collective  bargaining
   24  agreement  in  effect  prior  to the effective date of this act which is
   25  contradictory to the provisions of this act. Any such  provisions  shall
   26  expire no later than on such agreements existing expiration date.