Bill Text: NY S00273 | 2019-2020 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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: (Passed) 2019-08-13 - signed chap.164 [S00273 Detail]
Download: New_York-2019-S00273-Introduced.html
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: (Passed) 2019-08-13 - signed chap.164 [S00273 Detail]
Download: New_York-2019-S00273-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 273 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 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. The opening paragraph of subdivision 1 and subdivisions 1-a 2 and 2 of section 1126 of the education law, the opening paragraph of 3 subdivision 1 and subdivision 2 as amended and subdivision 1-a as added 4 by chapter 363 of the laws of 2018, are amended to read as follows: 5 In any case where an oral or written allegation is made to a teacher, 6 school nurse, school guidance counselor, school psychologist, school 7 social worker, school administrator, school board member or other school 8 personnel required to hold a teaching or administrative license or 9 certificate, as well as a licensed and registered physical therapist, 10 licensed and registered occupational therapist, licensed and registered 11 speech-language pathologist, teacher aide, employed school bus driver or 12 school resource officer, that a child has been subjected to child abuse 13 by an employee or volunteer in an educational setting, such person shall 14 upon receipt of such allegation: 15 1-a. (i) In any case where an oral or written allegation is made to a 16 school bus driver employed by a school or a person or entity that 17 contracts with a school to provide transportation services to children 18 that a child has been subjected to child abuse by an employee or volun- 19 teer in an educational setting, such driver shall upon receipt of such 20 allegation, promptly report or cause a report to be made to his or her 21 supervisor employed by such school or contracting person or entity. 22 (ii) In any case where an oral or written report or allegation is made 23 to a supervisor who is employed by a school or a person or entity that 24 contracts with a school to provide transportation services to children EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03575-02-9S. 273 2 1 from a person employed by the contracted person or entity, that a child 2 in such school has been subjected to child abuse by an employee or 3 volunteer in an educational setting, such supervisor shall upon receipt 4 of such allegation promptly complete a written report of such allegation 5 including the full name of the child alleged to be abused; the name of 6 the child's parent or guardian; the identity of the person making the 7 allegation and their relationship to the alleged child victim; the name 8 of the employee or volunteer against whom the allegation was made; and a 9 listing of the specific allegations of child abuse in an educational 10 setting. Such written report shall be upon a form as prescribed in 11 section eleven hundred thirty-two of this article, and shall be 12 personally delivered to the school district superintendent employed by 13 the school district where the child abuse occurred or, for a school 14 other than a school district or public school, the school administrator 15 employed by the school where the child abuse occurred. 16 2. In any case where it is alleged that a child was abused by an 17 employee or volunteer of a school other than a school within the school 18 district of the child's attendance, the report of such allegations shall 19 be promptly forwarded to the superintendent of schools of the school 20 district of the child's attendance and the school district where the 21 abuse allegedly occurred, whereupon both school superintendents shall 22 comply with sections eleven hundred twenty-eight and eleven hundred 23 twenty-eight-a of this article. If such case involves a school that is 24 not a school district or public school, the appropriate school adminis- 25 trator or administrators, in addition to any appropriate superintendent 26 of schools, shall be notified, whereupon all such individuals shall 27 comply with sections eleven hundred twenty-eight and eleven hundred 28 twenty-eight-a of this article. 29 § 2. Subdivision 3 of section 1132 of the education law, as added by 30 chapter 363 of the laws of 2018, is amended to read as follows: 31 3. All persons employed on or after July first, two thousand nineteen 32 by a school, other than a school district or public school, in titles 33 equivalent to a teacher or administrator as defined in the regulations 34 of the commissioner, and any school bus driver employed by a school or 35 any person or entity that contracts with a school to provide transporta- 36 tion services to children shall be required to complete two hours of 37 coursework or training regarding the identification and reporting of 38 child abuse and maltreatment. The coursework or training shall be 39 obtained from an institution or provider that has been approved by the 40 department to provide such coursework or training. The coursework or 41 training shall include information regarding the physical and behavioral 42 indicators of child abuse and maltreatment and the statutory reporting 43 requirements set out in sections four hundred thirteen through four 44 hundred twenty of the social services law, including but not limited to, 45 when and how a report must be made, what other actions the reporter is 46 mandated or authorized to take, the legal protections afforded repor- 47 ters, and the consequences for failing to report. Each employee in such 48 titles shall provide the school administrator of the school with 49 documentation showing that he or she completed the required training. In 50 addition, each school bus driver shall provide such school or contract- 51 ing person or entity with documentation showing that he or she completed 52 the required training. The department shall be authorized to request 53 such records on a periodic basis and may publish a list of any persons 54 or schools who are not in compliance with this subdivision on its 55 website.S. 273 3 1 § 3. Section 1134 of the education law, as added by chapter 363 of the 2 laws of 2018, is amended to read as follows: 3 § 1134. Reporting to the vulnerable persons' central register and the 4 statewide central register of child abuse and maltreatment. Where a 5 person employed by a school is required to report an incident of child 6 abuse in an educational setting to the vulnerable persons' central 7 register pursuant to article eleven of the social services law or the 8 statewide central register of child abuse and maltreatment pursuant to 9 article six of the social services law and he or she reports such inci- 10 dent thereto, such person shall have been deemed to have complied with 11 the reporting requirements of this article. 12 § 4. This act shall take effect on the same date and in the same 13 manner as chapter 363 of the laws of 2018, takes effect.
