S T A T E   O F   N E W   Y O R K
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                                  2311

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2015
                               ___________

Introduced by M. of A. TEDISCO -- Multi-Sponsored by -- M. of A. FITZPA-
  TRICK, KOLB -- read once and referred to the Committee on Education

AN ACT to amend the education law, in relation to information concerning
  minor school children enrolling in and transferring to schools

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The opening paragraph and paragraph a of subdivision  2  of
section  3212  of the education law, the opening paragraph as amended by
chapter 919 of the laws of 1974 and paragraph a as  amended  by  chapter
690 of the laws of 1994, are amended to read as follows:
  Every  person in parental relation to another individual [included] OR
A MINOR REQUIRED TO ATTEND UPON INSTRUCTION by the  provisions  of  THIS
part [one of this article]:
  a.   Shall submit at the time such individual IS NEWLY REGISTERED IN A
SCHOOL DISTRICT IN WHICH THEY WERE NEVER PREVIOUSLY REGISTERED begins to
attend upon instruction evidence of (I) age as required for the issuance
of an employment  certificate  AND  (II)  THE  NATURE  OF  THE  PARENTAL
RELATIONSHIP AS DEFINED IN SUBDIVISION ONE OF THIS SECTION, or show that
such  evidence  cannot  be  produced.  [When  such  evidence  cannot  be
produced, or when circumstances exist  which  reasonably  indicate  that
such individual may be a missing child, the superintendent of schools or
his  or  her  authorized representative shall report and make inquiry to
the statewide central register for missing children pursuant to  section
eight hundred thirty-seven-e of the executive law. If such child appears
to  match  a  child  registered  with the statewide central register for
missing children, or one registered with the national crime  information
center  register,  the superintendent or his or her authorized represen-
tative shall immediately contact the local law enforcement authority. No
civil or criminal liability shall arise or attach to any school district
or employee thereof for any act or omission to act as a result of, or in

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02621-01-5

              

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connection with, the duties or activities authorized or directed by this
paragraph.]
  S  2.  Section  3212  of  the education law is amended by adding a new
subdivision 5-a to read as follows:
  5-A. DUTIES OF THE  SUPERINTENDENT.  WHENEVER  A  PERSON  IN  PARENTAL
RELATION  TO  A  MINOR CANNOT PRODUCE THE EVIDENCE REQUIRED, PURSUANT TO
PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION, OR  REFUSES  TO  PROVIDE
THE   INFORMATION  REQUESTED  PURSUANT  TO  SECTION  THIRTY-TWO  HUNDRED
TWELVE-B OF THIS PART OR WHEN  SUCH  PERSON  FAILS  TO  SHOW  THAT  SUCH
EVIDENCE  CANNOT  BE PRODUCED, OR WHEN CIRCUMSTANCES EXIST WHICH REASON-
ABLY INDICATE THAT SUCH INDIVIDUAL MAY BE A MISSING  CHILD,  THE  SUPER-
INTENDENT OF SCHOOLS OR HIS AUTHORIZED REPRESENTATIVE SHALL MAKE INQUIRY
TO  THE  STATEWIDE  CENTRAL  REGISTER  FOR  MISSING CHILDREN PURSUANT TO
SECTION EIGHT HUNDRED THIRTY-SEVEN-E OF THE EXECUTIVE LAW. IF SUCH CHILD
APPEARS TO MATCH A CHILD REGISTERED WITH THE STATEWIDE CENTRAL  REGISTER
FOR MISSING CHILDREN, OR ONE REGISTERED WITH THE NATIONAL CRIME INFORMA-
TION  CENTER  REGISTER,  THE  SUPERINTENDENT OR HIS AUTHORIZED REPRESEN-
TATIVE SHALL IMMEDIATELY CONTACT THE LOCAL LAW ENFORCEMENT AUTHORITY. NO
CIVIL OR CRIMINAL LIABILITY SHALL ARISE OR ATTACH TO ANY SCHOOL DISTRICT
OR EMPLOYEE THEREOF FOR ANY ACT OR OMISSION TO ACT AS A RESULT OF, OR IN
CONNECTION WITH, THE DUTIES OR ACTIVITIES AUTHORIZED OR DIRECTED BY THIS
SUBDIVISION.
  S 3.  Section 3212-a of the education law, as added by chapter 473  of
the laws of 1977, is amended to read as follows:
  S  3212-a.    Records [of telephone numbers].   1.   Each school shall
maintain a record of the telephone number of each pupil enrolled in  the
school  and each person in parental relation to such pupil including the
residential and  business  telephone  numbers  of  persons  in  parental
relation  to  pupils  unless  such person or pupil chooses not to supply
such numbers.  The record of such telephone  numbers  shall,  except  as
otherwise provided by law, be accessible solely for emergency purposes.
  2.    [The  provisions  of this section shall not be applicable in any
school district in which the board of education has adopted a resolution
providing that the record otherwise required hereby shall not  be  main-
tained.]  RECORDS  OF THE EVIDENCE OR THE EXPLANATION REQUIRED, PURSUANT
TO PARAGRAPH A OF SUBDIVISION TWO OF SECTION THIRTY-TWO  HUNDRED  TWELVE
OF  THIS  PART,  SHALL  BE  RETAINED, IN ACCORDANCE WITH RULES AND REGU-
LATIONS TO BE PROMULGATED BY THE COMMISSIONER, AT THE SCHOOL OF  ATTEND-
ANCE OR IN A CENTRAL DISTRICT REPOSITORY FOR SUCH RECORDS. THE RULES AND
REGULATIONS  SHALL  INCORPORATE STANDARDS OF USE AND ACCESS WHICH ARE IN
CONFORMITY WITH THE FAMILY EDUCATIONAL AND PRIVACY RIGHTS ACT (20 U.S.C.
1232G).
  S 4. The education law is amended by adding a new  section  3212-b  to
read as follows:
  S 3212-B. TRANSFER OF PUPILS. 1. UPON FIRST TIME ENROLLMENT OF A MINOR
IN  A  SCHOOL DISTRICT, A SCHOOL DISTRICT SHALL REQUEST OF THE PERSON IN
PARENTAL RELATION TO SUCH MINOR THE  NAME  AND  ADDRESS  OF  THE  SCHOOL
PREVIOUSLY  ATTENDED  BY  SUCH MINOR. THE ENROLLING SCHOOL SHALL, WITHIN
FIFTEEN CALENDAR DAYS, REQUEST IN WRITING THAT  THE  SCHOOL  RECORDS  OF
SUCH  MINOR  BE  SENT  BY THE SCHOOL DISTRICT PREVIOUSLY ATTENDED TO THE
SCHOOL DISTRICT IN WHICH THE MINOR IS BEING ENROLLED.
  2. A SUPERINTENDENT OF SCHOOLS OR HIS AUTHORIZED REPRESENTATIVE  SHALL
FURNISH  TO  THE LOCAL LAW ENFORCEMENT AGENCY THE NAME OF, AND ANY OTHER
PERTINENT INFORMATION REGARDING, ANY MINOR ENROLLED IN A SCHOOL  IN  HIS
DISTRICT  IF  THE  PERSON  IN PARENTAL RELATION TO A MINOR, OR ANY OTHER
PERSON, WITHDRAWS THE CHILD FROM SCHOOL AND THE SCHOOL DOES NOT  RECEIVE

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AN OFFICIAL REQUEST FOR THE RECORDS OF SUCH MINOR WITHIN THIRTY CALENDAR
DAYS  IF  THE WITHDRAWAL OCCURS DURING THE SCHOOL YEAR, OR WITHIN NINETY
CALENDAR DAYS IF THE WITHDRAWAL OCCURS AT THE END OF THE SCHOOL YEAR.
  3.  NO CIVIL OR CRIMINAL LIABILITY SHALL ARISE OR ATTACH TO ANY SCHOOL
DISTRICT OR EMPLOYEE THEREOF FOR ANY ACT OR OMISSION TO ACT AS A  RESULT
OF,  OR  IN  CONNECTION  WITH,  THE  DUTIES  OR ACTIVITIES AUTHORIZED OR
DIRECTED BY THIS SECTION PROVIDED SUCH SCHOOL DISTRICT OR ACTING EMPLOY-
EE HAS MADE A DOCUMENTED EFFORT BY TELEPHONE  OR  OTHERWISE  TO  CONTACT
SUCH PARENT OR GUARDIAN IN THE EVENT THAT A CHILD IS SO ABSENT.
  S  5.  This  act  shall  take  effect  on  the first of September next
succeeding the date on which it shall have become a law.