Bill Text: NY S04035 | 2017-2018 | General Assembly | Introduced
Bill Title: Requires persons in parental relation to an individual or a person required to attend school to submit proof of age and parental relation to school in which individual is enrolled; requires school superintendent to make inquiry of statewide central register for missing children if such information is not provided and the individual may be a missing child; requires records of age and parental relation to be maintained by schools pursuant to regulations of the commissioner of education; requires transfer of such records upon transfer of minor to another school; requires notification of law enforcement if there is an appearance of custodial interference.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO EDUCATION [S04035 Detail]
Download: New_York-2017-S04035-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4035 2017-2018 Regular Sessions IN SENATE February 2, 2017 ___________ Introduced by Sen. TEDISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Education AN ACT to amend the education law, in relation to information concerning minor school children enrolling in and transferring to schools The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The opening paragraph and paragraph a of subdivision 2 of 2 section 3212 of the education law, the opening paragraph as amended by 3 chapter 919 of the laws of 1974 and paragraph a as amended by chapter 4 690 of the laws of 1994, are amended to read as follows: 5 Every person in parental relation to another individual [included] or 6 a minor required to attend upon instruction by the provisions of this 7 part [one of this article]: 8 a. Shall submit at the time such individual is newly registered in a 9 school district in which they were never previously registered begins to 10 attend upon instruction evidence of (i) age as required for the issuance 11 of an employment certificate and (ii) the nature of the parental 12 relationship as defined in subdivision one of this section, or show that 13 such evidence cannot be produced. [When such evidence cannot be14produced, or when circumstances exist which reasonably indicate that15such individual may be a missing child, the superintendent of schools or16his or her authorized representative shall report and make inquiry to17the statewide central register for missing children pursuant to section18eight hundred thirty-seven-e of the executive law. If such child appears19to match a child registered with the statewide central register for20missing children, or one registered with the national crime information21center register, the superintendent or his or her authorized represen-22tative shall immediately contact the local law enforcement authority. No23civil or criminal liability shall arise or attach to any school district24or employee thereof for any act or omission to act as a result of, or inEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06385-01-7S. 4035 2 1connection with, the duties or activities authorized or directed by this2paragraph.] 3 § 2. Section 3212 of the education law is amended by adding a new 4 subdivision 5-a to read as follows: 5 5-a. Duties of the superintendent. Whenever a person in parental 6 relation to a minor cannot produce the evidence required, pursuant to 7 paragraph a of subdivision two of this section, or refuses to provide 8 the information requested pursuant to section thirty-two hundred 9 twelve-b of this part or when such person fails to show that such 10 evidence cannot be produced, or when circumstances exist which reason- 11 ably indicate that the minor may be a missing child, the superintendent 12 of schools or his authorized representative shall make inquiry to the 13 statewide central register for missing children pursuant to section 14 eight hundred thirty-seven-e of the executive law. If such child appears 15 to match a child registered with the statewide central register for 16 missing children, or one registered with the national crime information 17 center register, the superintendent or his authorized representative 18 shall immediately contact the local law enforcement authority. No civil 19 or criminal liability shall arise or attach to any school district or 20 employee thereof for any act or omission to act as a result of, or in 21 connection with, the duties or activities authorized or directed by this 22 subdivision. 23 § 3. Section 3212-a of the education law, as added by chapter 473 of 24 the laws of 1977, is amended to read as follows: 25 § 3212-a. Records [of telephone numbers]. 1. Each school shall 26 maintain a record of the telephone number of each pupil enrolled in the 27 school and each person in parental relation to such pupil including the 28 residential and business telephone numbers of persons in parental 29 relation to pupils unless such person or pupil chooses not to supply 30 such numbers. The record of such telephone numbers shall, except as 31 otherwise provided by law, be accessible solely for emergency purposes. 32 2. [The provisions of this section shall not be applicable in any33school district in which the board of education has adopted a resolution34providing that the record otherwise required hereby shall not be main-35tained.] Records of the evidence or the explanation required, pursuant 36 to paragraph a of subdivision two of section thirty-two hundred twelve 37 of this part, shall be retained, in accordance with rules and regu- 38 lations to be promulgated by the commissioner, at the school of attend- 39 ance or in a central district repository for such records. The rules and 40 regulations shall incorporate standards of use and access which are in 41 conformity with the Family Educational and Privacy Rights Act (20 U.S.C. 42 1232g). 43 § 4. The education law is amended by adding a new section 3212-b to 44 read as follows: 45 § 3212-b. Transfer of pupils. 1. Upon first time enrollment of a minor 46 in a school district, a school district shall request of the person in 47 parental relation to such minor the name and address of the school 48 previously attended by such minor. The enrolling school shall, within 49 fifteen calendar days, request in writing that the school records of 50 such minor be sent by the school district previously attended to the 51 school district in which the minor is being enrolled. 52 2. A superintendent of schools or his authorized representative shall 53 furnish to the local law enforcement agency the name of, and any other 54 pertinent information regarding, any minor enrolled in a school in his 55 district if the person in parental relation to a minor, or any other 56 person, withdraws the child from school and the school does not receiveS. 4035 3 1 an official request for the records of such minor within thirty calendar 2 days if the withdrawal occurs during the school year, or within ninety 3 calendar days if the withdrawal occurs at the end of the school year. 4 3. No civil or criminal liability shall arise or attach to any school 5 district or employee thereof for any act or omission to act as a result 6 of, or in connection with, the duties or activities authorized or 7 directed by this section provided such school district or acting employ- 8 ee has made a documented effort by telephone or otherwise to contact 9 such parent or guardian in the event that a child is so absent. 10 § 5. This act shall take effect on the first of September next 11 succeeding the date on which it shall have become a law.
