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A05842 Summary:

BILL NOA05842
 
SAME ASSAME AS S00273-A
 
SPONSORNolan
 
COSPNSRD'Urso
 
MLTSPNSR
 
Amd §§1126, 1132 & 1134, Ed L (as proposed in S.7372-B & A.8485-B)
 
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.
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A05842 Actions:

BILL NOA05842
 
02/20/2019referred to education
02/27/2019reported referred to codes
03/05/2019reported
03/07/2019advanced to third reading cal.120
03/14/2019passed assembly
03/14/2019delivered to senate
03/14/2019REFERRED TO CHILDREN AND FAMILIES
03/25/2019SUBSTITUTED FOR S273A
03/25/20193RD READING CAL.238
03/25/2019PASSED SENATE
03/25/2019RETURNED TO ASSEMBLY
08/12/2019delivered to governor
08/13/2019signed chap.164
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A05842 Committee Votes:

EDUCATION Chair:Benedetto DATE:02/27/2019AYE/NAY:28/0 Action: Favorable refer to committee Codes
BenedettoAyeWalshAye
EnglebrightAyeRaAye
ArroyoAyeMcDonoughAye
MagnarelliAyeLawrenceAye
PaulinAyeMillerAye
RamosAyeMikulinAye
O'DonnellAbsentMalliotakisAye
TitusAyeDiPietroAye
LiftonAye
KimAbsent
RyanAye
MosleyAye
OtisAye
SeawrightAye
JaffeeAye
HyndmanAye
BronsonAye
SimonAye
Jean-PierreAye
D'UrsoAbsent
TaylorAye
DickensAye
JoynerAye

CODES Chair:Lentol DATE:03/05/2019AYE/NAY:22/0 Action: Favorable
LentolAyeRaAye
SchimmingerAyeGiglioAye
PretlowAyeMontesanoAye
CookAyeMorinelloAye
CymbrowitzAyePalumboAye
O'DonnellAyeGarbarinoAye
LavineAye
PerryAye
ZebrowskiAye
AbinantiAye
WeprinAye
MosleyAye
HevesiAye
FahyAye
SeawrightAye
RosenthalAye

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A05842 Floor Votes:

DATE:03/14/2019Assembly Vote  YEA/NAY: 134/0
Yes
Abbate
Yes
Crespo
ER
Gantt
Yes
LiPetri
Yes
Perry
Yes
Simon
Yes
Abinanti
Yes
Crouch
Yes
Garbarino
Yes
Lupardo
Yes
Pheffer Amato
Yes
Simotas
Yes
Arroyo
Yes
Cruz
Yes
Giglio
Yes
Magnarelli
Yes
Pichardo
Yes
Smith
ER
Ashby
Yes
Cusick
Yes
Glick
Yes
Malliotakis
Yes
Pretlow
ER
Smullen
Yes
Aubry
Yes
Cymbrowitz
Yes
Goodell
Yes
Manktelow
ER
Quart
Yes
Solages
Yes
Barclay
Yes
Davila
Yes
Gottfried
Yes
McDonald
Yes
Ra
Yes
Stec
Yes
Barnwell
Yes
De La Rosa
Yes
Griffin
Yes
McDonough
Yes
Raia
Yes
Steck
Yes
Barrett
Yes
DenDekker
Yes
Gunther
Yes
McMahon
Yes
Ramos
Yes
Stern
Yes
Barron
Yes
DeStefano
Yes
Hawley
Yes
Mikulin
Yes
Raynor
Yes
Stirpe
Yes
Benedetto
Yes
Dickens
Yes
Hevesi
Yes
Miller B
Yes
Reilly
Yes
Tague
ER
Bichotte
Yes
Dilan
ER
Hunter
Yes
Miller MG
ER
Reyes
Yes
Taylor
Yes
Blake
Yes
Dinowitz
Yes
Hyndman
ER
Miller ML
Yes
Richardson
Yes
Thiele
ER
Blankenbush
Yes
DiPietro
Yes
Jacobson
Yes
Montesano
Yes
Rivera
ER
Titus
Yes
Brabenec
Yes
D'Urso
Yes
Jaffee
Yes
Morinello
ER
Rodriguez
Yes
Vanel
Yes
Braunstein
Yes
Eichenstein
Yes
Jean-Pierre
Yes
Mosley
Yes
Romeo
Yes
Walczyk
Yes
Bronson
Yes
Englebright
Yes
Johns
Yes
Niou
Yes
Rosenthal D
Yes
Walker
Yes
Buchwald
Yes
Epstein
Yes
Jones
ER
Nolan
Yes
Rosenthal L
Yes
Wallace
Yes
Burke
Yes
Fahy
Yes
Joyner
Yes
Norris
Yes
Rozic
Yes
Walsh
Yes
Buttenschon
Yes
Fall
Yes
Kim
ER
O'Donnell
Yes
Ryan
Yes
Weinstein
Yes
Byrne
Yes
Fernandez
Yes
Kolb
Yes
Ortiz
Yes
Salka
Yes
Weprin
Yes
Byrnes
ER
Finch
ER
Lalor
Yes
Otis
Yes
Santabarbara
Yes
Williams
Yes
Cahill
Yes
Fitzpatrick
Yes
Lavine
Yes
Palmesano
Yes
Sayegh
Yes
Woerner
Yes
Carroll
Yes
Friend
Yes
Lawrence
Yes
Palumbo
ER
Schimminger
Yes
Wright
Yes
Colton
Yes
Frontus
Yes
Lentol
Yes
Paulin
Yes
Schmitt
Yes
Zebrowski
Yes
Cook
Yes
Galef
Yes
Lifton
Yes
Peoples-Stokes
Yes
Seawright
Yes
Mr. Speaker

‡ Indicates voting via videoconference
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A05842 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5842
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 20, 2019
                                       ___________
 
        Introduced  by M. of A. NOLAN -- read once and referred to the Committee
          on Education
 
        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. Subdivision 1-a of section 1126 of the  education  law,  as
     2  added  by  a  chapter  of  the  laws of 2018, amending the education law
     3  relating to child abuse in an educational setting, as proposed in legis-
     4  lative bills numbers S. 7372-B and A. 8485-B,  is  amended  to  read  as
     5  follows:
     6    1-a.  (i) In any case where an oral or written allegation is made to a
     7  school bus driver employed by a  school  or  a  person  or  entity  that
     8  contracts  with  a school to provide transportation services to children
     9  that a child has been subjected to child abuse by an employee or  volun-
    10  teer  in  an educational setting, such driver shall upon receipt of such
    11  allegation, promptly report or cause a report to be made to his  or  her
    12  supervisor employed by such school or contracting person or entity.
    13    (ii) In any case where an oral or written report or allegation is made
    14  to  a  supervisor who is employed by a school or a person or entity that
    15  contracts with a school to provide transportation services  to  children
    16  from a person employed by the school or the contracted person or entity,
    17  that  a  child  in  such  school has been subjected to child abuse by an
    18  employee or volunteer in an educational setting, such  supervisor  shall
    19  upon  receipt  of  such allegation promptly complete a written report of
    20  such allegation including the full name  of  the  child  alleged  to  be
    21  abused;  the name of the child's parent or guardian; the identity of the
    22  person making the allegation and their relationship to the alleged child
    23  victim; the name of the employee or volunteer against whom  the  allega-
    24  tion  was made; and a listing of the specific allegations of child abuse
    25  in an educational setting. Such written report shall be upon a  form  as
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07041-01-9

        A. 5842                             2
 
     1  prescribed  in  section  eleven  hundred thirty-two of this article, and
     2  shall be personally delivered  to  the  school  district  superintendent
     3  employed by the school district where the child abuse occurred or, for a
     4  school  other than a school district or public school, the school admin-
     5  istrator employed by the school where the child abuse occurred.
     6    § 2. Subdivision 3 of section 1132 of the education law, as added by a
     7  chapter of the laws of 2018, amending  the  education  law  relating  to
     8  child  abuse in an educational setting, as proposed in legislative bills
     9  numbers S. 7372-B and A. 8485-B, is amended to read as follows:
    10    3. All persons employed on or after July first, two thousand  nineteen
    11  by  a  school,  other than a school district or public school, in titles
    12  equivalent to a teacher or administrator as defined in  the  regulations
    13  of  the  commissioner, and any school bus driver employed by a school or
    14  any person or entity that contracts with a school to provide transporta-
    15  tion services to children shall be required to  complete  two  hours  of
    16  coursework  or  training  regarding  the identification and reporting of
    17  child abuse and  maltreatment.  The  coursework  or  training  shall  be
    18  obtained  from  an institution or provider that has been approved by the
    19  department to provide such coursework or  training.  The  coursework  or
    20  training shall include information regarding the physical and behavioral
    21  indicators  of  child abuse and maltreatment and the statutory reporting
    22  requirements set out in sections  four  hundred  thirteen  through  four
    23  hundred twenty of the social services law, including but not limited to,
    24  when  and  how a report must be made, what other actions the reporter is
    25  mandated or authorized to take, the legal  protections  afforded  repor-
    26  ters,  and the consequences for failing to report. Each employee in such
    27  titles shall  provide  the  school  administrator  of  the  school  with
    28  documentation showing that he or she completed the required training. In
    29  addition,  each school bus driver shall provide such school or contract-
    30  ing person or entity with documentation showing that he or she completed
    31  the required training. The department shall  be  authorized  to  request
    32  such  records  on a periodic basis and may publish a list of any persons
    33  or schools who are not  in  compliance  with  this  subdivision  on  its
    34  website.
    35    §  3.  Section 1134 of the education law, as added by a chapter of the
    36  laws of 2018, amending the education law relating to child abuse  in  an
    37  educational  setting, as proposed in legislative bills numbers S. 7372-B
    38  and A. 8485-B, is amended to read as follows:
    39    § 1134. Reporting to the vulnerable persons' central register and  the
    40  statewide  central  register  of  child  abuse and maltreatment. Where a
    41  person employed by a school is required to report an incident  of  child
    42  abuse  in  an  educational  setting  to  the vulnerable persons' central
    43  register pursuant to article eleven of the social services  law  or  the
    44  statewide  central  register of child abuse and maltreatment pursuant to
    45  article six of the social services law and he or she reports such  inci-
    46  dent  thereto,  such person shall have been deemed to have complied with
    47  the reporting requirements of this article.
    48    § 4. This act shall take effect on the  same  date  and  in  the  same
    49  manner  as  a  chapter  of  the laws of 2018, amending the education law
    50  relating to child abuse in an educational setting, as proposed in legis-
    51  lative bills numbers S. 7372-B and A. 8485-B, takes effect.
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