Requires school administrators in private schools to report allegations of child abuse in an educational setting; includes private schools in the reporting requirements relating to child abuse in an educational setting.
STATE OF NEW YORK
________________________________________________________________________
9705
IN ASSEMBLY
April 5, 2016
___________
Introduced by M. of A. McDONOUGH -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to requiring school
administrators in private schools to report allegations of 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 2, 5 and 6 of section 1125 of the education
2 law, subdivision 2 and 6 as added by chapter 180 of the laws of 2000 and
3 subdivision 5 as amended by section 1 of part E of chapter 501 of the
4 laws of 2012, are amended to read as follows:
5 2. "Child" shall mean a person under the age of twenty-one years
6 enrolled in a school district in this state, other than a school
7 district within a city having a population of one million or more, or
8 any person under the age of twenty-one enrolled in a private school in
9 this state.
10 5. "Educational setting" shall mean the building and grounds of a
11 public school district or private school, the vehicles provided by the
12 school district or private school for the transportation of students to
13 and from school buildings, field trips, co-curricular and extra-curricu-
14 lar activities both on and off school district grounds, all co-curricu-
15 lar and extra-curricular activity sites, and any other location where
16 direct contact between an employee or volunteer and a child has alleged-
17 ly occurred. Such term shall not include a special act school district
18 as defined in section four thousand one of this chapter which shall be
19 subject to article eleven of the social services law.
20 6. "Administrator" or "school administrator" shall mean a principal of
21 a public or private school, charter school or board of cooperative
22 educational services, or other chief school officer.
23 § 2. The section heading and subdivision 1 of section 1128-a of the
24 education law, as added by chapter 180 of the laws of 2000, are amended
25 to read as follows:
26 Additional duties of superintendents and administrators. 1. Where a
27 superintendent of schools, or in the case of a private school a school
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14781-01-6
A. 9705 2
1 administrator, forwards to law enforcement a report as described in
2 paragraph (a) of subdivision one of section eleven hundred twenty-six of
3 this article, he or she shall refer such report to the commissioner
4 where the employee or volunteer alleged to have committed an act of
5 child abuse as defined in this article holds a certification or license
6 issued by the department.
7 § 3. Subdivision 3 of section 1133 of the education law, as added by
8 chapter 180 of the laws of 2000, is amended to read as follows:
9 3. Any superintendent of schools or school administrator who reason-
10 ably and in good faith reports to law enforcement officials information
11 regarding allegations of child abuse or a resignation as required by
12 this article shall have immunity from any liability, civil or criminal,
13 which might otherwise result by reason of such actions.
14 § 4. This act shall take effect immediately.
