Amd §842, Fam Ct Act; amd §530.12, CP L; amd §§2-d & 3210, Ed L
Requires the court in proceedings in which an order of protection or temporary order of protection has been issued and a child is the protected party to notify such child's school of such order of protection or temporary order of protection on the same day of the issuance of such order of protection or temporary order of protection.
STATE OF NEW YORK
________________________________________________________________________
64
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. HEVESI -- read once and referred to the Committee
on Children and Families
AN ACT to amend the family court act, the criminal procedure law and the
education law, in relation to notifying school districts of orders of
protection and temporary orders of protection
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 842 of the family court act is amended by adding a
2 new closing paragraph to read as follows:
3 In any proceeding in which a child is the protected party in whose
4 favor an order of protection or temporary order of protection has been
5 issued, and such child legally attends a school in the state of New
6 York, the court shall notify such school or board of cooperative educa-
7 tional services of such school district on the same day as the issuance,
8 modification, extension, dismissal, or expiration of the order of
9 protection or temporary order of protection, or as soon thereafter as
10 practicable, when such order of protection or temporary order of
11 protection requires the parent or the person legally responsible for
12 such child's care, or the spouse of the parent or other person legally
13 responsible for such child's care, to stay away from such child's
14 school. The presentation of a copy of such order to such school or
15 board of cooperative educational services of such school district shall
16 not impose on such school or board of cooperative educational services
17 of such school district any duty of care greater than what is legally
18 required. The court shall be required to adopt a process by which the
19 school district superintendent, school building principal, or school
20 administrator of the school such child legally attends is confidentially
21 notified by mail, fax, or secure electronic document.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00031-01-5
A. 64 2
1 § 2. Subdivisions 6 and 8 of section 530.12 of the criminal procedure
2 law, as amended by chapter 480 of the laws of 2013, are amended to read
3 as follows:
4 6. An order of protection or a temporary order of protection issued
5 pursuant to subdivision one, two, three, four or five of this section
6 shall bear in a conspicuous manner the term "order of protection" or
7 "temporary order of protection" as the case may be and a copy shall be
8 filed by the clerk of the court with the sheriff's office in the county
9 in which the complainant resides, or, if the complainant resides within
10 a city, with the police department of such city. The order of protection
11 or temporary order of protection shall also contain the following
12 notice: "This order of protection will remain in effect even if the
13 protected party has, or consents to have, contact or communication with
14 the party against whom the order is issued. This order of protection can
15 only be modified or terminated by the court. The protected party cannot
16 be held to violate this order nor be arrested for violating this
17 order."[.] The absence of such language shall not affect the validity of
18 such order. A copy of such order of protection or temporary order of
19 protection may from time to time be filed by the clerk of the court with
20 any other police department or sheriff's office having jurisdiction of
21 the residence, work place, and school of anyone intended to be protected
22 by such order. In any proceeding in which a child is the protected party
23 in whose favor an order of protection or temporary order of protection
24 has been issued, and such child legally attends a public or private
25 elementary, middle, or secondary school in the state of New York, the
26 clerk of the court shall confidentially notify the school superinten-
27 dent, school district superintendent, building principal, and/or other
28 school administrator of such school or board of cooperative educational
29 services of such school district pursuant to subdivision eight of this
30 section. A copy of the order may also be filed by the complainant at the
31 appropriate police department or sheriff's office having jurisdiction.
32 Any subsequent amendment or revocation of such order shall be filed in
33 the same manner as herein provided.
34 Such order of protection shall plainly state the date that such order
35 expires.
36 8. In any proceeding in which an order of protection or temporary
37 order of protection or a warrant has been issued under this section, the
38 clerk of the court shall issue to the complainant and defendant and
39 defense counsel and to any other person affected by the order a copy of
40 the order of protection or temporary order of protection and ensure that
41 a copy of the order of protection or temporary order of protection be
42 transmitted to the local correctional facility where the individual is
43 or will be detained, the state or local correctional facility where the
44 individual is or will be imprisoned, and the supervising probation
45 department or department of corrections and community supervision where
46 the individual is under probation or parole supervision. In any
47 proceeding in which a child is the protected party in whose favor an
48 order of protection or temporary order of protection has been issued,
49 and such child legally attends a public or private elementary, middle,
50 or secondary school in the state of New York, the clerk of the court
51 shall confidentially notify the school superintendent, school district
52 superintendent, building principal, and/or other school administrator of
53 such school or board of cooperative educational services of such school
54 district by mail, fax, or secure electronic format on the same day as
55 the issuance, modification, extension, dismissal, or expiration of the
56 order of protection or temporary order of protection, or as soon there-
A. 64 3
1 after as practicable, when such order of protection or temporary order
2 of protection requires the parent or the person legally responsible for
3 such child's care, or the spouse of the parent or other person legally
4 responsible for such child's care, to stay away from such child's
5 school. The presentation of a copy of such order to such school or board
6 of cooperative educational services of such school district shall not
7 impose on such school or board of cooperative educational services of
8 such school district any duty of care greater than what is legally
9 required. The presentation of a copy of such order or a warrant to any
10 peace officer acting pursuant to [his or her] such peace officer's
11 special duties or police officer shall constitute authority for [him or
12 her] such officer to arrest a person who has violated the terms of such
13 order and bring such person before the court and, otherwise, so far as
14 lies within [his or her] such officer's power, to aid in securing the
15 protection such order was intended to afford. The protected party in
16 whose favor the order of protection or temporary order of protection is
17 issued may not be held to violate an order issued in [his or her] such
18 party's favor nor may such protected party be arrested for violating
19 such order.
20 § 3. Paragraph e of subdivision 4 of section 2-d of the education law,
21 as added by section 1 of subpart L of part AA of chapter 56 of the laws
22 of 2014, is amended to read as follows:
23 e. Except as required by law or in the case of educational enrollment
24 data, school districts shall not report to the department the following
25 student data elements:
26 (1) juvenile delinquency records;
27 (2) criminal records;
28 (3) medical and health records; [and]
29 (4) student biometric information; and
30 (5) orders of protection in which the student is the protected party.
31 § 4. Paragraph c of subdivision 1 of section 3210 of the education
32 law, as added by chapter 549 of the laws of 1986, is amended to read as
33 follows:
34 c. In the event that a person requests the release of a minor required
35 by the provisions of part one of this article to attend upon instruc-
36 tion, the identity of such person shall be verified against a list of
37 names provided by the person or persons in parental relation to the
38 minor, as defined in section two of this chapter, at the time of such
39 minor's enrollment. The school district may adopt appropriate procedures
40 for the purpose of submitting a list of names at a later date or updat-
41 ing the list of names provided by the person or persons in parental
42 relation. If such person is identified as one of those persons included
43 on such list, such minor may be released from attendance. If such person
44 is identified as a person not included on such list, such minor may not
45 be released except in the event of an emergency as determined in the
46 sole discretion of the principal of the school, or [his] such princi-
47 pal's designee, provided that the person or persons in parental relation
48 to the minor have been contacted and have agreed to such release. A
49 school district may presume that either parent of the student has
50 authority to obtain the release of said minor unless the school district
51 has been provided with a certified copy of the legally binding instru-
52 ment, such as the court order or decree of divorce, separation or custo-
53 dy which provides evidence to the contrary, or an order of protection
54 pursuant to section eight hundred forty-two of the family court act or
55 subdivisions six and eight of section 530.12 of the criminal procedure
56 law. No situation shall be deemed an emergency until the facts of such
A. 64 4
1 situation have been verified by such principal or [his] such principal's
2 designee. No civil or criminal liability shall arise or attach to any
3 school district or employee thereof for any act or omission to act as a
4 result of, or in connection with, the duties or activities authorized or
5 directed by this paragraph. The foregoing procedure shall not apply to
6 release of a minor pursuant to the protective custody provisions of the
7 social services law and the family court act.
8 § 5. This act shall take effect on the ninetieth day after it shall
9 have become a law. Effective immediately, the addition, amendment and/or
10 repeal of any rule or regulation necessary for the implementation of
11 this act on its effective date are authorized to be made and completed
12 on or before such effective date.
