Enacts the "New York state child anti-grooming act" which establishes the crimes of grooming of a child in the first and second degree and predatory sexual misconduct toward a child enrolled in school in the first and second degree; updates the codes of conduct in schools to include training on predatory misconduct and grooming; requires updates to mandatory reporter training; classifies grooming of a child in the first degree and predatory sexual misconduct towards a child in the first degree as a sex offense for the sex offender registry.
STATE OF NEW YORK
________________________________________________________________________
10402
IN SENATE
May 15, 2026
___________
Introduced by Sen. BAILEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to establishing the crimes of
grooming of a child in the first and second degree and predatory sexu-
al misconduct toward a child enrolled in school in the first and
second degree; to amend the education law, in relation to updating the
code of professional employee conduct for schools to include training
on predatory misconduct and grooming; to amend the social services
law, in relation to updating training for persons required to report
cases of suspected child abuse or maltreatment; and to amend the
correction law, in relation to classifying the crimes of grooming of a
child in the first degree and predatory sexual misconduct towards a
child in the first degree as a sex offense for purposes of the sex
offender registry
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "New York state child anti-grooming act".
3 § 2. The penal law is amended by adding four new sections 260.36,
4 260.37, 260.38 and 260.39 to read as follows:
5 § 260.36 Predatory misconduct toward a child enrolled in school in the
6 second degree.
7 1. A person is guilty of predatory misconduct toward a child enrolled
8 in school in the second degree when such person is an employee or volun-
9 teer of a school district, charter school, or nonpublic school with
10 direct contact with a child and commits any act in an educational
11 setting or school that is directed toward or with such child and that is
12 intended to establish or advance, or that a reasonable person would
13 understand as being intended to establish or advance, a romantic or
14 sexual relationship with such child, including, but not limited to, any
15 verbal, nonverbal, written, or electronic communication or physical
16 activity. Such an act includes, but is not limited to, any of the
17 following: a sexual or romantic invitation to a child; dating or solic-
18 iting a date with a child; engaging in sexualized or romantic dialogue
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15357-03-6
S. 10402 2
1 with a child; making sexually suggestive comments that are directed
2 toward or with a child; self-disclosure or physical exposure of a sexu-
3 al, romantic, or erotic nature to a child; or a sexual, indecent, roman-
4 tic, or erotic contact with a child.
5 2. Nothing in this section shall be construed to prohibit an employee
6 or volunteer who is a teacher, school nurse, school guidance counselor,
7 school psychologist, school social worker, school administrator, or
8 other school personnel required to hold a teaching or administrative
9 license or certificate whose professional duties include instruction,
10 counseling or other educational, health or mental health services from,
11 in the normal course of their duties and in accordance with applicable
12 professional standards and state learning standards, engaging in conduct
13 or discussions that are reasonably necessary to support and facilitate
14 student learning and development, including but not limited to, age-ap-
15 propriate instruction on human development, health, sexuality, consent,
16 and healthy respectful relationships, or to provide valid medical or
17 mental health care services to a child.
18 3. It is an affirmative defense that at the time of the offense (a)
19 the defendant and child are both enrolled in the same educational
20 setting or school and that such child is at least seventeen years of age
21 and such defendant is less than five years older than such child; (b)
22 the defendant is enrolled in another educational setting or school and
23 the child is at least seventeen years of age and such defendant is less
24 than five years older than such child; or (c) the defendant and the
25 child are married as such term is defined by section 130.00 of this
26 chapter.
27 4. For the purposes of this section, the terms "child", "employee",
28 "volunteer", "educational setting" and "school" shall have the same
29 meaning as such terms are defined by section eleven hundred twenty-five
30 of the education law.
31 Predatory misconduct toward a child enrolled in school in the second
32 degree is a class A misdemeanor.
33 § 260.37 Predatory misconduct toward a child enrolled in school in the
34 first degree.
35 1. A person is guilty of predatory misconduct toward a child enrolled
36 in school in the first degree when:
37 (a) Such person is an employee or volunteer of a school district,
38 charter school, or nonpublic school who commits any act in an educa-
39 tional setting or school that is directed toward or with a child and
40 that is intended to establish or advance, or that a reasonable person
41 would understand as being intended to establish or advance, a romantic
42 or sexual relationship with such child, including, but not limited to,
43 any verbal, nonverbal, written, or electronic communication or physical
44 activity. Such an act includes, but is not limited to, any of the
45 following: a sexual or romantic invitation to a child; dating or solic-
46 iting a date with a child; engaging in sexualized or romantic dialogue
47 with a child; making sexually suggestive comments that are directed
48 toward or with a child; self-disclosure or physical exposure of a sexu-
49 al, romantic, or erotic nature to a child; or a sexual, indecent, roman-
50 tic, or erotic contact with a child; and
51 (b) Such person has previously been convicted of a crime defined in
52 article one hundred thirty of this chapter or section 260.36, 260.38 or
53 260.39 of this article.
54 2. Nothing in this section shall be construed to prohibit an employee
55 or volunteer who is a teacher, school nurse, school guidance counselor,
56 school psychologist, school social worker, school administrator, or
S. 10402 3
1 other school personnel required to hold a teaching or administrative
2 license or certificate whose professional duties include instruction,
3 counseling or other educational, health or mental health services from,
4 in the normal course of their duties and in accordance with applicable
5 professional standards and state learning standards, engaging in conduct
6 or discussions that are reasonably necessary to support and facilitate
7 student learning and development, including but not limited to, age-ap-
8 propriate instruction on human development, health, sexuality, consent,
9 and healthy respectful relationships, or to provide valid medical or
10 mental health care services to a child.
11 3. It is an affirmative defense that at the time of the offense (a)
12 the defendant and child are both enrolled in the same educational
13 setting or school and such child is at least seventeen years of age and
14 such defendant is less than five years older than such child; (b) the
15 defendant is enrolled in another educational setting or school and the
16 child is at least seventeen years of age and such defendant is less than
17 five years older than such child; or (c) the defendant and the child are
18 married as such term is defined by section 130.00 of this chapter.
19 4. For the purposes of this section, the terms "child", "employee",
20 "volunteer", "educational setting" and "school" shall have the same
21 meaning as such terms are defined by section eleven hundred twenty-five
22 of the education law.
23 Predatory misconduct toward a child enrolled in school in the first
24 degree is a class E felony and requires registration as a sex offender
25 pursuant to article six-C of the correction law.
26 § 260.38 Grooming of a child in the second degree.
27 A person is guilty of grooming of a child in the second degree when
28 such person knowingly uses a computer online service, internet service,
29 local bulletin board service or any other device capable of electronic
30 data storage or transmission, performs an act in person or by conduct
31 through a third party, or uses written or graphic imagery communication
32 to seduce, solicit, lure, or entice, or attempt to seduce, solicit,
33 lure, or entice, a child, a child's guardian, or another person believed
34 by such person to be a child or child's guardian, to commit any sex
35 offense as defined by section one hundred sixty-eight-a of the
36 correction law, to distribute photographs depicting the sex organs of
37 such child, or to otherwise engage in any unlawful sexual conduct with a
38 child or with another person believed by such person to be a child.
39 Grooming of a child in the second degree is a class A misdemeanor.
40 § 260.39 Grooming of a child in the first degree.
41 A person is guilty of grooming of a child in the first degree when:
42 1. Such person knowingly uses a computer online service, internet
43 service, local bulletin board service, or any other device capable of
44 electronic data storage or transmission, performs an act in person or by
45 conduct through a third party, or uses written or graphic imagery commu-
46 nication to seduce, solicit, lure, or entice, or attempt to seduce,
47 solicit, lure, or entice, a child, a child's guardian, or another person
48 believed by such person to be a child or child's guardian, to commit any
49 sex offense as defined by section one hundred sixty-eight-a of the
50 correction law, to distribute photographs depicting the sex organs of
51 such child, or to otherwise engage in any unlawful sexual conduct with a
52 child or with another person believed by such person to be a child; and
53 2. Such person has previously been convicted of a crime defined in
54 article one hundred thirty of this chapter or section 260.36, 260.37 or
55 260.39 of this article.
S. 10402 4
1 Grooming of a child in the first degree is a class E felony and
2 requires registration as a sex offender pursuant to article six-C of the
3 correction law.
4 § 3. Paragraphs (j) and (k) of subdivision 3 of section 130.05 of the
5 penal law, paragraph (j) as added by section 1 of part JJ of chapter 55
6 of the laws of 2018 and paragraph (k) as added by chapter 503 of the
7 laws of 2024, are amended and a new paragraph (l) is added to read as
8 follows:
9 (j) detained or otherwise in the custody of a police officer, peace
10 officer, or other law enforcement official and the actor is a police
11 officer, peace officer or other law enforcement official who either: (i)
12 is detaining or maintaining custody of such person; or (ii) knows, or
13 reasonably should know, that at the time of the offense, such person was
14 detained or in custody[.]; or
15 (k) under the supervision of a local probation department, pursuant to
16 section two hundred seventy-two of the correction law, or another local
17 department or agency which fulfills a similar function and the actor is
18 an employee who knows or reasonably should know that such person is
19 committed to the supervision of a local probation department. For
20 purposes of this paragraph, "employee" means an employee of such local
21 probation department or agency who, as part of [his or her] such
22 person's employment, supervises the victim at the time of the offense or
23 has supervised the victim and the victim is still under supervision of a
24 local probation department or agency at the time of the offense[.]; or
25 (l) a child in an educational setting or school and the actor is eigh-
26 teen years of age or older and an employee or volunteer at such educa-
27 tional setting or school where such child is enrolled. For the purposes
28 of this paragraph, the terms "child", "employee", "volunteer", "educa-
29 tional setting" and "school" shall have the same meaning as such terms
30 are defined by section eleven hundred twenty-five of the education law.
31 § 4. Section 130.10 of the penal law is amended by adding a new subdi-
32 vision 5 to read as follows:
33 5. In any prosecution under paragraph (l) of subdivision three of
34 section 130.05 of this article, it shall be an affirmative defense that
35 at the time of the offense (a) the actor and child are both enrolled in
36 the same educational setting or school and that such child is at least
37 seventeen years of age and such actor is less than five years older than
38 such child; (b) the actor is enrolled in another educational setting or
39 school and the child is at least seventeen years of age and such actor
40 is less than five years older than such child; or (c) the actor and the
41 child are married as such term is defined by section 130.00 of this
42 article. For the purposes of this subdivision, the terms "child",
43 "educational setting" and "school" shall have the same meaning as such
44 terms are defined by section eleven hundred twenty-five of the education
45 law.
46 § 5. Subdivision 1 of section 1125 of the education law, as amended by
47 chapter 551 of the laws of 2023, is amended and a new subdivision 11 is
48 added to read as follows:
49 1. "Child abuse" shall mean any of the following acts committed in an
50 educational setting by an employee or volunteer against a child: (a)
51 intentionally or recklessly inflicting physical injury, serious physical
52 injury or death, or (b) intentionally or recklessly engaging in conduct
53 which creates a substantial risk of such physical injury, serious phys-
54 ical injury or death, or (c) any child sexual abuse as defined in this
55 section, or (d) the commission or attempted commission against a child
56 of the crime of disseminating indecent materials to minors pursuant to
S. 10402 5
1 article two hundred thirty-five of the penal law, or (e) using corporal
2 punishment as defined by the commissioner or, (f) the commission or
3 attempted commission of the crime of grooming as defined in sections
4 260.38 and 260.39 of the penal law, or (g) the commission or attempted
5 commission of the crime of predatory misconduct toward a child enrolled
6 in school pursuant to sections 260.36 and 260.37 of the penal law.
7 11. "Predatory misconduct" shall mean any act, including, but not
8 limited to, any verbal, nonverbal, written, or electronic communication
9 or physical activity, by an employee or volunteer of the school
10 district, charter school, or non-public school who commits any act in an
11 educational or school setting that is directed toward or with a child
12 and is intended to establish or advance what a reasonable person would
13 understand as being intended to establish or advance a romantic or sexu-
14 al relationship with the child. Such an act includes, but is not limited
15 to, any of the following: a sexual or romantic invitation; dating or
16 soliciting a date; engaging in sexualized or romantic dialogue; making
17 sexually suggestive comments that are directed toward or with a child;
18 self-disclosure of a sexual, romantic, or erotic nature; or physical
19 exposure of a sexual, romantic, or erotic nature; or a sexual, indecent,
20 romantic, or erotic contact with the child. Nothing in this subdivision
21 shall be construed to prohibit an employee or volunteer who is a teach-
22 er, school nurse, school guidance counselor, school psychologist, school
23 social worker, school administrator, or other school personnel required
24 to hold a teaching or administrative license or certificate whose
25 professional duties include instruction, counseling or other educa-
26 tional, health or mental health services from, in the normal course of
27 their duties and in accordance with applicable professional standards
28 and state learning standards, engaging in conduct or discussions that
29 are reasonably necessary to support and facilitate student learning and
30 development, including age-appropriate instruction on human development,
31 health, sexuality, consent, and healthy respectful relationships, or to
32 provide valid medical or mental health care services to the child.
33 § 6. The education law is amended by adding two new sections 2801-c
34 and 2801-d to read as follows:
35 § 2801-c. Code of professional employee conduct. 1. a. The board of
36 education or the trustees, as defined in section two of this chapter, of
37 every school district within the state, however created, and every board
38 of cooperative educational services and county vocational extension
39 board, charter school, shall adopt and amend, as appropriate, an employ-
40 ee code of professional conduct for employees, as defined in subdivision
41 three of section eleven hundred twenty-five of this chapter, that
42 addresses all of the following:
43 (i) Incorporates the definition of "predatory misconduct" as defined
44 in section eleven hundred twenty-five of this chapter.
45 (ii) Identifies the expectations for employees of the school district,
46 charter school, or non-public school regarding how to maintain a profes-
47 sional relationship with students, including the expectations for staff-
48 student boundaries, recognizing the age and developmental level of the
49 students served, and establishes guidelines for all of the following
50 situations:
51 (A) transporting a student;
52 (B) taking or possessing a photo or a video of a student; and
53 (C) meeting with a student or contacting a student outside of the
54 employee's professional role.
55 (iii) References the employee reporting requirements required pursuant
56 to article six of the social services law, including but not limited to
S. 10402 6
1 sections four hundred thirteen through four hundred twenty of the social
2 services law, the abused and neglected child reporting act and under
3 title IX of the federal education amendments of 1972.
4 (iv) References required employee training that is related to child
5 abuse and educator ethics that are applicable under state and federal
6 law.
7 b. The board of education or the trustees, as defined in section two
8 of this chapter, of every school district within the state, however
9 created, and every board of cooperative educational services and county
10 vocational extension board, charter school, shall develop training on
11 the provisions of this subdivision and provide such training to employ-
12 ees.
13 c. The employee code of professional conduct policy shall be posted on
14 the website, if any, of each school district, charter school, or non-
15 public school and must be included in any staff, student, or parent
16 handbook provided by the school district, or charter school.
17 d. A violation of the employee code of professional conduct policy may
18 subject an employee to disciplinary action up to and including dismissal
19 from employment. Failure to report a violation of the employee code of
20 professional conduct policy may subject an employee to disciplinary
21 action up to and including dismissal from employment.
22 2. Such board of education or the trustees, as defined in section two
23 of this chapter, of every school district within the state, however
24 created, and every board of cooperative educational services and county
25 vocational extension board, charter school may adopt a similar code of
26 conduct for volunteers, as defined in subdivision four of section eleven
27 hundred twenty-five of this chapter; provided, however, if such board of
28 education or the trustees, as defined in section two of this chapter, of
29 every school district within the state, however created, and every board
30 of cooperative educational services and county vocational extension
31 board, charter school has a code of conduct or similar policy that is
32 applicable to volunteers, such codes of conduct or policies shall be
33 amended to include the provisions of subparagraph (i) and (ii) of para-
34 graph a of subdivision one of this section.
35 § 2801-d. Code of professional employee conduct; non-public and
36 private schools. 1. a. For the purposes of this section, "employee"
37 shall mean any employee of a non-public or private elementary or second-
38 ary school which elects to adopt or amend an employee code of profes-
39 sional conduct pursuant to this section, or employee of a contracted
40 service provider or worker placed within such school under a public
41 assistance employment program, pursuant to title nine-B of article five
42 of the social services law, and consistent with the provisions of such
43 title for the provision of services to such school, its students or
44 employees, directly or through contract, whereby such services performed
45 by such person involve direct student contact.
46 b. For the purposes of this section, "volunteer" shall mean any
47 person, other than an employee, who has direct student contact and
48 provides services to a non-public or private elementary or secondary
49 school which elects to adopt or amend an employee code of professional
50 conduct pursuant to this section.
51 2. a. Any non-public or private elementary or secondary school is
52 authorized to adopt and amend, as appropriate, an employee code of
53 professional conduct for employees, as defined in subdivision three of
54 section eleven hundred twenty-five of this chapter, that addresses all
55 of the following:
S. 10402 7
1 (i) Incorporates the definition of "predatory misconduct" as defined
2 in section eleven hundred twenty-five of this chapter.
3 (ii) Identifies the expectations for employees of the school district,
4 charter school, or non-public school regarding how to maintain a profes-
5 sional relationship with students, including the expectations for staff-
6 student boundaries, recognizing the age and developmental level of the
7 students served, and establishes guidelines for all of the following
8 situations:
9 (A) transporting a student;
10 (B) taking or possessing a photo or a video of a student; and
11 (C) meeting with a student or contacting a student outside of the
12 employee's professional role.
13 (iii) References the employee reporting requirements required pursuant
14 to article six of the social services law, including but not limited to
15 sections four hundred thirteen through four hundred twenty of the social
16 services law, the abused and neglected child reporting act and under
17 title IX of the federal education amendments of 1972.
18 (iv) References required employee training that is related to child
19 abuse and educator ethics that are applicable under state and federal
20 law.
21 (b) Non-public and private schools are authorized to develop and
22 provide training on the provisions of this subdivision to employees.
23 (c) The employee code of professional conduct policy shall be posted
24 on the website, if any, of each such school.
25 (d) A violation of the employee code of professional conduct policy
26 may subject an employee to disciplinary action up to and including
27 dismissal from employment. Failure to report a violation of the employee
28 code of professional conduct policy may subject an employee to discipli-
29 nary action up to and including dismissal from employment.
30 3. Any non-public or private elementary or secondary school may adopt
31 a similar code of conduct for volunteers, as defined in this section. If
32 such school elects to adopt or amend an employee professional code of
33 conduct that is applicable to employees pursuant to subdivision one of
34 this section, and such school elects to adopt or amend a code of conduct
35 for volunteers, such code of conduct shall include the provisions of
36 subparagraphs (i) and (ii) of paragraph a of subdivision two of this
37 section.
38 § 7. Section 413 of the social services law is amended by adding a new
39 subdivision 7 to read as follows:
40 7. The office of children and family services shall update training
41 issued to persons and officials required to report cases of suspected
42 child abuse or maltreatment to include guidance on identifying an abused
43 or maltreated child who is being subject to grooming as defined in
44 sections 260.38 and 260.39 of the penal law. Such guidance shall be
45 developed in consultation with the state education department. People
46 and officials required to report cases of suspected child abuse or
47 maltreatment shall have two years from the effective date of this subdi-
48 vision to receive such updated mandated reporter training.
49 § 8. Paragraph (b) of subdivision 2 of section 412 of the social
50 services law, as amended by section 2-a of part D of chapter 501 of the
51 laws of 2012, is amended and a new paragraph (c) is added to read as
52 follows:
53 (b) who has had serious physical injury inflicted upon [him or her]
54 such child by other than accidental means; or
55 (c) against whom an offense defined in section 260.36, 260.37, 260.38,
56 or 260.39 of the penal law has been committed, provided that this shall
S. 10402 8
1 not be construed to limit or supersede the authority of law enforcement
2 to investigate criminal offenses. Allegations involving conduct defined
3 in section 260.36, 260.37, 260.38 or 260.39 of the penal law shall be
4 referred to appropriate law enforcement authorities, and any child
5 protective investigation shall not delay or interfere with a criminal
6 investigation.
7 § 9. Subdivision 2 of section 168-a of the correction law is amended
8 by adding a new paragraph (f) to read as follows:
9 (f) a conviction of or a conviction for an attempt to commit any of
10 the provisions of section 260.37 or 260.39 of the penal law.
11 § 10. The education law is amended by adding and new section 1135 to
12 read as follows:
13 § 1135. Employment history and child sexual abuse. 1. (a) When
14 responding to a request for or providing or requesting employment
15 records of employees, prospective employees, or applicants, or volunteer
16 service records for volunteers, prospective volunteers, or applicants,
17 the board of education or the trustees, as defined in section two of
18 this chapter, of every school district within the state, however
19 created, and every board of cooperative educational services and county
20 vocational extension board, and charter school, shall request, provide
21 or respond, as applicable, to such with the following information:
22 i. the dates of employment or volunteer service of the employee,
23 volunteer, or prospective employee, prospective volunteer, or applicant;
24 ii. a notation or statement of any and each incidence when the employ-
25 ee, volunteer, or prospective employee, or prospective volunteer:
26 (A) has been the subject of an allegation of child sexual abuse, as
27 defined by paragraph (c) or paragraph (f) of subdivision one of section
28 eleven hundred twenty-five of this article or subdivision nine of
29 section eleven hundred twenty-five of this article and such allegation
30 has been reported in accordance with section eleven hundred twenty-six
31 or eleven hundred twenty-eight of this article; whether there was an
32 investigation; whether the investigation was completed, closed or pend-
33 ing; and whether the investigation resulted in a finding that the alle-
34 gation was founded, substantiated, indicated, false, unfounded or unsub-
35 stantiated; or
36 (B) was discharged from, was asked to resign from, resigned from, or
37 was otherwise separated from any employment or volunteer service, was
38 disciplined by the employer, or had an employment contract not renewed
39 due to an adjudication or finding of child abuse or while an allegation
40 of child abuse was pending or under investigation, unless the investi-
41 gation resulted in a finding that the allegation was false, unfounded,
42 or unsubstantiated; or
43 (C) has ever had a license or certificate suspended, surrendered, or
44 revoked due to an adjudication or finding of child sexual abuse or while
45 an allegation of child sexual abuse as defined by paragraph (c) or para-
46 graph (f) of subdivision one of section eleven hundred twenty-five of
47 this article or subdivision nine of section eleven hundred twenty-five
48 of this article, was pending or under investigation, unless the investi-
49 gation resulted in a finding that the allegation was false, unfounded,
50 or unsubstantiated.
51 (b) The board of education or the trustees, as defined in section two
52 of this chapter, of every school district within the state, however
53 created, and every board of cooperative educational services and county
54 vocational extension board, and charter school, shall maintain in the
55 employment records of employees or for volunteers such similar records
S. 10402 9
1 that contain the information as is required to comply with the
2 provisions of paragraph (a) of this subdivision.
3 (c) Penalties for willful failure of an employee, school administrator
4 or superintendent to comply with the provisions of this subdivision
5 shall be the same as the penalty for failure to comply pursuant to
6 section eleven hundred twenty-nine of this article including, for a
7 school administrator or superintendent, a civil penalty not to exceed
8 five thousand dollars upon an administrative determination by the
9 commissioner.
10 2. (a) When responding to a request for or providing or requesting
11 employment records of employees, prospective employees, or applicants,
12 or volunteer service records for volunteers, prospective volunteers, or
13 applicants, any non-public or private elementary or secondary school is
14 authorized to request, provide or respond to such with the following
15 information:
16 i. the dates of employment or volunteer service of the employee,
17 volunteer, applicant, prospective employee, or prospective volunteer;
18 ii. a notation or statement of any and each incidence when the employ-
19 ee, volunteer, applicant, prospective employee, or prospective volun-
20 teer;
21 (A) has been the subject of an allegation of child sexual abuse, as
22 defined by paragraph (c) or paragraph (f) of subdivision one of section
23 eleven hundred twenty-five of this article or subdivision nine of
24 section eleven hundred twenty-five of this article and such allegation
25 has been reported in accordance with section eleven hundred twenty-six
26 or eleven hundred twenty-eight of this article; whether there was an
27 investigation; whether the investigation was completed, closed or pend-
28 ing; and whether the investigation resulted in a finding that the alle-
29 gation was founded, substantiated, indicated, false, unfounded or unsub-
30 stantiated; or
31 (B) was discharged from, was asked to resign from, resigned from, or
32 was otherwise separated from any employment or volunteer service, was
33 disciplined by the employer, or had an employment contract not renewed
34 due to an adjudication or finding of child abuse or while an allegation
35 of child abuse was pending or under investigation, unless the investi-
36 gation resulted in a finding that the allegation was false, unfounded,
37 or unsubstantiated; or
38 (C) has ever had a license or certificate suspended, surrendered, or
39 revoked due to an adjudication or finding of child sexual abuse or while
40 an allegation of child sexual abuse as defined by paragraph (c) or para-
41 graph (f) of subdivision one of section eleven hundred twenty-five of
42 this article or subdivision nine of section eleven hundred twenty-five
43 of this article, was pending or under investigation, unless the investi-
44 gation resulted in a finding that the allegation was false, unfounded,
45 or unsubstantiated.
46 (b) Any non-public or private elementary or secondary school is
47 authorized to maintain in the employment records of employees, or for
48 volunteers such similar records, that contain the information as is
49 required to comply with the provisions of paragraph (a) of this subdivi-
50 sion.
51 (c) When any non-public or private elementary or secondary school
52 elects to maintain records pursuant to paragraph (b) of this subdivi-
53 sion, penalties for willful failure of an employee or school administra-
54 tor to comply with the provisions of this subdivision shall be the same
55 as the penalty for failure to comply pursuant to section eleven hundred
56 twenty-nine of this article including, for a school administrator or
S. 10402 10
1 equivalent school leader, a civil penalty not to exceed five thousand
2 dollars upon an administrative determination by the commissioner.
3 § 11. Subdivisions 2 and 3 of section 1132 of the education law,
4 subdivision 2 as amended by chapter 363 of the laws of 2018 and subdivi-
5 sion 3 as amended by chapter 164 of the laws of 2019, are amended to
6 read as follows:
7 2. The commissioner shall promulgate rules and regulations for train-
8 ing necessary for the implementation of this article provided all
9 employees specifically described in section eleven hundred twenty-six of
10 this article shall be required to complete training pursuant to such
11 rules and regulations. Such training shall include, at a minimum, infor-
12 mation regarding the physical and behavioral indicators of child abuse
13 and maltreatment and the statutory reporting requirements set out in
14 sections four hundred thirteen, four hundred fourteen, four hundred
15 fifteen, four hundred sixteen, four hundred seventeen, four hundred
16 eighteen, four hundred nineteen [and], four hundred twenty of the social
17 services law, and section eleven hundred thirty-five of this article,
18 including but not limited to, when and how a report must be made, what
19 other actions the reporter is mandated or authorized to take, the legal
20 protections afforded reporters, and the consequences for failing to
21 report.
22 3. All persons employed on or after July first, two thousand nineteen
23 by a school, other than a school district or public school, in titles
24 equivalent to a teacher or administrator as defined in the regulations
25 of the commissioner, and any school bus driver employed by a school or
26 any person or entity that contracts with a school to provide transporta-
27 tion services to children shall be required to complete two hours of
28 coursework or training regarding the identification and reporting of
29 child abuse and maltreatment. The coursework or training shall be
30 obtained from an institution or provider that has been approved by the
31 department to provide such coursework or training. The coursework or
32 training shall include information regarding the physical and behavioral
33 indicators of child abuse and maltreatment and the statutory reporting
34 requirements set out in sections four hundred thirteen through four
35 hundred twenty of the social services law, and section eleven hundred
36 thirty-five of this article, including but not limited to, when and how
37 a report must be made, what other actions the reporter is mandated or
38 authorized to take, the legal protections afforded reporters, and the
39 consequences for failing to report. Each employee in such titles shall
40 provide the school administrator of the school with documentation show-
41 ing that [he or she] such school bus driver completed the required
42 training. In addition, each school bus driver shall provide such school
43 or contracting person or entity with documentation showing that [he or
44 she] such school bus driver completed the required training. The depart-
45 ment shall be authorized to request such records on a periodic basis and
46 may publish a list of any persons or schools who are not in compliance
47 with this subdivision on its website.
48 § 12. Subdivision 1 of section 3036 of the education law, as added by
49 chapter 205 of the laws of 2014, is amended to read as follows:
50 1. Notwithstanding any other provision of law, the commissioner shall
51 prescribe regulations requiring that all persons currently holding a
52 temporary coaching license or a professional coaching certificate and
53 persons applying for such license or certificate shall, in addition to
54 all the other licensure or certification requirements, have completed
55 two hours of coursework or training regarding the identification and
56 reporting of child abuse and maltreatment. The coursework or training
S. 10402 11
1 shall be obtained from an institution or provider which has been
2 approved by the department to provide such coursework or training. The
3 coursework or training shall include information regarding the physical
4 and behavioral indicators of child abuse and maltreatment and the statu-
5 tory reporting requirements set out in sections four hundred thirteen
6 through four hundred twenty of the social services law, and section
7 eleven hundred thirty-five of this chapter, including but not limited
8 to, when and how a report must be made, what other actions the reporter
9 is mandated or authorized to take, the legal protections afforded repor-
10 ters, and the consequences for failing to report. Each applicant shall
11 provide the department with documentation showing that [he or she] such
12 reporter has completed the required training.
13 § 13. Severability clause. If any clause, sentence, paragraph, subdi-
14 vision, section or part of this act shall be adjudged by any court of
15 competent jurisdiction to be invalid, such judgment shall not affect,
16 impair, or invalidate the remainder thereof, but shall be confined in
17 its operation to the clause, sentence, paragraph, subdivision, section
18 or part thereof directly involved in the controversy in which such judg-
19 ment shall have been rendered. It is hereby declared to be the intent of
20 the legislature that this act would have been enacted even if such
21 invalid provisions had not been included herein.
22 § 14. This act shall take effect on the ninetieth day after it shall
23 have become a law.
