Bill Text: NY S00273 | 2019-2020 | General Assembly | Amended


Bill Title: Relates to child abuse in an educational setting; clarifies that it includes individuals employed by a school and individuals employed by a person or entity that contracts with a school to provide transportation services.

Spectrum: Bipartisan Bill

Status: (Introduced) 2019-03-25 - SUBSTITUTED BY A5842 [S00273 Detail]

Download: New_York-2019-S00273-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         273--A
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Children and  Families  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee
        AN ACT to amend the education law, in relation  to  child  abuse  in  an
          educational setting
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 1-a of section 1126 of the  education  law,  as
     2  added  by  a  chapter  of  the  laws of 2018, amending the education law
     3  relating to child abuse in an educational setting, as proposed in legis-
     4  lative bills numbers S. 7372-B and A. 8485-B,  is  amended  to  read  as
     5  follows:
     6    1-a.  (i) In any case where an oral or written allegation is made to a
     7  school bus driver employed by a  school  or  a  person  or  entity  that
     8  contracts  with  a school to provide transportation services to children
     9  that a child has been subjected to child abuse by an employee or  volun-
    10  teer  in  an educational setting, such driver shall upon receipt of such
    11  allegation, promptly report or cause a report to be made to his  or  her
    12  supervisor employed by such school or contracting person or entity.
    13    (ii) In any case where an oral or written report or allegation is made
    14  to  a  supervisor who is employed by a school or a person or entity that
    15  contracts with a school to provide transportation services  to  children
    16  from a person employed by the school or the contracted person or entity,
    17  that  a  child  in  such  school has been subjected to child abuse by an
    18  employee or volunteer in an educational setting, such  supervisor  shall
    19  upon  receipt  of  such allegation promptly complete a written report of
    20  such allegation including the full name  of  the  child  alleged  to  be
    21  abused;  the name of the child's parent or guardian; the identity of the
    22  person making the allegation and their relationship to the alleged child
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03575-03-9

        S. 273--A                           2
     1  victim; the name of the employee or volunteer against whom  the  allega-
     2  tion  was made; and a listing of the specific allegations of child abuse
     3  in an educational setting. Such written report shall be upon a  form  as
     4  prescribed  in  section  eleven  hundred thirty-two of this article, and
     5  shall be personally delivered  to  the  school  district  superintendent
     6  employed by the school district where the child abuse occurred or, for a
     7  school  other than a school district or public school, the school admin-
     8  istrator employed by the school where the child abuse occurred.
     9    § 2. Subdivision 3 of section 1132 of the education law, as added by a
    10  chapter of the laws of 2018, amending  the  education  law  relating  to
    11  child  abuse in an educational setting, as proposed in legislative bills
    12  numbers S. 7372-B and A. 8485-B, is amended to read as follows:
    13    3. All persons employed on or after July first, two thousand  nineteen
    14  by  a  school,  other than a school district or public school, in titles
    15  equivalent to a teacher or administrator as defined in  the  regulations
    16  of  the  commissioner, and any school bus driver employed by a school or
    17  any person or entity that contracts with a school to provide transporta-
    18  tion services to children shall be required to  complete  two  hours  of
    19  coursework  or  training  regarding  the identification and reporting of
    20  child abuse and  maltreatment.  The  coursework  or  training  shall  be
    21  obtained  from  an institution or provider that has been approved by the
    22  department to provide such coursework or  training.  The  coursework  or
    23  training shall include information regarding the physical and behavioral
    24  indicators  of  child abuse and maltreatment and the statutory reporting
    25  requirements set out in sections  four  hundred  thirteen  through  four
    26  hundred twenty of the social services law, including but not limited to,
    27  when  and  how a report must be made, what other actions the reporter is
    28  mandated or authorized to take, the legal  protections  afforded  repor-
    29  ters,  and the consequences for failing to report. Each employee in such
    30  titles shall  provide  the  school  administrator  of  the  school  with
    31  documentation showing that he or she completed the required training. In
    32  addition,  each school bus driver shall provide such school or contract-
    33  ing person or entity with documentation showing that he or she completed
    34  the required training. The department shall  be  authorized  to  request
    35  such  records  on a periodic basis and may publish a list of any persons
    36  or schools who are not  in  compliance  with  this  subdivision  on  its
    37  website.
    38    §  3.  Section 1134 of the education law, as added by a chapter of the
    39  laws of 2018, amending the education law relating to child abuse  in  an
    40  educational  setting, as proposed in legislative bills numbers S. 7372-B
    41  and A. 8485-B, is amended to read as follows:
    42    § 1134. Reporting to the vulnerable persons' central register and  the
    43  statewide  central  register  of  child  abuse and maltreatment. Where a
    44  person employed by a school is required to report an incident  of  child
    45  abuse  in  an  educational  setting  to  the vulnerable persons' central
    46  register pursuant to article eleven of the social services  law  or  the
    47  statewide  central  register of child abuse and maltreatment pursuant to
    48  article six of the social services law and he or she reports such  inci-
    49  dent  thereto,  such person shall have been deemed to have complied with
    50  the reporting requirements of this article.
    51    § 4. This act shall take effect on the  same  date  and  in  the  same
    52  manner  as  a  chapter  of  the laws of 2018, amending the education law
    53  relating to child abuse in an educational setting, as proposed in legis-
    54  lative bills numbers S. 7372-B and A. 8485-B, takes effect.
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