Braunstein, Steck, Seawright, Sayegh, Bendett, Gallahan, DeStefano, Gandolfo, Giglio JM
 
MLTSPNSR
Angelino, Blankenbush, Flood
 
Add Art 23-C §§1135 - 1137, Ed L
 
Relates to a parent's right to know if an employee, volunteer or an administrator of a school district is reprimanded for inappropriate conduct towards his or her child; enacts "parent's right to know" act.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1618
SPONSOR: Gunther
 
TITLE OF BILL:
An act to amend the education law, in relation to the parent's right to
know of allegations of inappropriate conduct by a school district
employee, volunteer or administrator
 
PURPOSE:
To strengthen the framework for the reporting of suspected in-school
child abuse to include a requirement for parental notification.
 
SUMMARY OF PROVISIONS:
The legislation would create a new Article 23-C in the Education Law
Establishing the Parent's Right to Know Act.
Section 1134 - provides the short title "Parent's Right to Know Act."
Section 1135 - provides definitions.
Section 1136 - provides that every public school district or any school
registered with the New York State Education Department shall within 60
days of enactment of this law, adopt a policy which shall provide
notification to a parent or legal guardian whenever a school employee
has beer, given a written censure, reprimand or otherwise in writing for
inappropriate conduct with respect to a child by the Superintendent or
the School Board.
 
EXISTING LAW:
Article 23-B of the Education law, provides the framework for the
reporting of suspected child abuse within the school (educational
setting).
 
JUSTIFICATION:
The establishment of the Parent's Right to Know Act reaffirms the crit-
ical need for parents to be fully involved as partners with our educa-
tors in ensuring the well-being of our children. Currently, Article 23-B
of the Education Law, provides the framework for the reporting of
suspected child abuse, however there is no requirement for parental
notification. With this legislation, if a Superintendent of Schools or a
School Board Member advises an employee, volunteer, or an administrator
about noticed inappropriate conduct to a student or students--the parent
should be notified. The public school district or any other school which
serves students under the age of 18 will be responsible for adopting a
policy or procedure to provide such notification to the parents.
 
LEGISLATIVE HISTORY:
2021-2022: A32 referred to Education
2019-2020: A3176 referred to Education
2017-2018: A887 referred to Education/S1001 committed to Rules
2015-2016: A982/51897 referred to Education
2013-2014: A1490/S3952 referred to Education
2011-2012: A465 referred to Education
2009-2010: A980 referred to Education
2007-2008: A1183 referred to Education
2005-2006: A7332 referred to Education/S5137 referred to Education
 
FISCAL IMPLICATIONS:
None to the state.
 
LOCAL FISCAL IMPLICATIONS:
While this legislation broadens the existing reporting framework, no
significant local fiscal impacts are anticipated.
 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that this act
shall not impair any provision of a collective bargaining agreement in
effect prior to the effective date of this act which is contradictory to
the provisions of this act. Any such provisions shall expire no later
than on such agreements existing expiration date.
STATE OF NEW YORK
________________________________________________________________________
1618
2023-2024 Regular Sessions
IN ASSEMBLY
January 17, 2023
___________
Introduced by M. of A. GUNTHER, BRAUNSTEIN, STECK, SEAWRIGHT -- read
once and referred to the Committee on Education
AN ACT to amend the education law, in relation to the parent's right to
know of allegations of inappropriate conduct by a school district
employee, volunteer or administrator
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The education law is amended by adding a new article 23-C
2 to read as follows:
3 ARTICLE 23-C
4 PARENT'S RIGHT TO KNOW ACT
5 Section 1135. Short title.
6 1136. Definitions.
7 1137. Parent's right to know.
8 § 1135. Short title. This article shall be known and may be cited as
9 the "parent's right to know act".
10 § 1136. Definitions. For the purposes of this article the following
11 terms shall have the following meanings:
12 1. "Employee" shall mean a school board member acting in his or her
13 capacity as a school board member, as well as any person receiving
14 compensation from a school district or employee of a contracted service
15 provider or worker placed within the school under a public assistance
16 employment program, pursuant to title nine-B of article five of the
17 social services law, and consistent with the provisions of such title
18 for the provision of services to such district, its students or employ-
19 ees, directly or through contract, whereby such services performed by
20 such person involve direct student contact.
21 2. "Volunteer" shall mean any person, other than an employee, who
22 provides services to a school or school district, which involve direct
23 student contact.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01145-01-3
A. 1618 2
1 3. "Administrator" or "school administrator" shall mean a principal,
2 assistant principal, superintendent or assistant superintendent of a
3 public school, charter school or board of cooperative educational
4 services, or other chief school officer.
5 § 1137. Parent's right to know. Every public school district, or any
6 other school which primarily serves persons under the age of eighteen
7 and which is registered with the department shall, within sixty days of
8 the enactment of this section, adopt a policy which shall provide for
9 notification as soon as reasonably practicable to a parent or legal
10 guardian of an affected student or students of inappropriate conduct by
11 an employee, volunteer or administrator of a school district with
12 respect to a particular student or students in the event that the super-
13 intendent of schools, the school board, or any member of the school
14 board acting with the authorization of such board, such authorization to
15 have been provided during an executive session, provides a written
16 censure, reprimand, or otherwise in writing advises an employee, volun-
17 teer, or an administrator of the school district of such person's inap-
18 propriate conduct with respect to a particular student or students.
19 § 2. This act shall take effect immediately; provided, however, that
20 this act shall not impair any provision of a collective bargaining
21 agreement in effect prior to the effective date of this act which is
22 contradictory to the provisions of this act. Any such provisions shall
23 expire no later than on such agreements existing expiration date.