S T A T E O F N E W Y O R K
________________________________________________________________________
2008
2009-2010 Regular Sessions
I N S E N A T E
February 10, 2009
___________
Introduced by Sens. GOLDEN, LARKIN, MORAHAN, SKELOS -- read twice and
ordered printed, and when printed to be committed to the Committee on
Children and Families
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:
Section 1. The opening paragraph of section 1128 of the education law,
as added by chapter 180 of the laws of 2000, is amended to read as
follows:
Upon receipt of a written report described in paragraph (a) of subdi-
vision one of section eleven hundred twenty-six of this article alleging
that a child has been abused in an educational setting, a school admin-
istrator or superintendent shall [where there is a reasonable suspicion
to believe that an act of child abuse has occurred]:
S 2. Subdivision 2 of section 1131 of the education law, as added by
chapter 180 of the laws of 2000, is amended to read as follows:
2. Upon receiving notice of a conviction from a district attorney
pursuant to subdivision one of this section, the commissioner shall,
without delay, proceed to determine whether the individual possesses
good moral character, in accordance with the regulations of the commis-
sioner governing such a determination, EXCEPT THAT UPON NOTICE OF
CONVICTION OF CHILD SEXUAL ABUSE AS DEFINED IN SUBDIVISION NINE OF
SECTION ELEVEN HUNDRED TWENTY-FIVE OF THIS ARTICLE, THE COMMISSIONER
SHALL REVOKE THE CERTIFICATION OF SUCH SCHOOL EMPLOYEE.
S 3. Section 1132 of the education law is amended by adding a new
subdivision 1-a to read as follows:
1-A. THE COMMISSIONER SHALL DEVELOP A TRAINING MANUAL ADDRESSING CHILD
ABUSE IN AN EDUCATIONAL SETTING TO BE PROVIDED TO EACH SCHOOL DISTRICT
AND PRIVATE SCHOOL IN THE STATE WITH THE REQUIREMENT THAT IN-SERVICE
TRAINING BE PROVIDED TO ALL LICENSED AND CERTIFIED SCHOOL EMPLOYEES ON
AN ANNUAL BASIS.
S 4. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07788-01-9