senate Bill S180

2011-2012 Legislative Session

Requires parents to submit proof of age and nature of parental relation upon enrolling child in school

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to education
Jan 05, 2011 referred to education

S180 - Bill Details

See Assembly Version of this Bill:
A1617
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §§3212 & 3212-a, add §3212-b, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S1415, A10545

S180 - Bill Texts

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Requires persons in parental relation to an individual or a person required to attend school to submit proof of age and parental relation to school in which individual is enrolled; requires school superintendent to make inquiry of statewide central register for missing children if such information is not provided and the individual may be a missing child; requires records of age and parental relation to be maintained by schools pursuant to regulations of the commissioner of education; requires transfer of such records upon transfer of minor to another school; requires notification of law enforcement if there is an appearance of custodial interference.

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BILL NUMBER:S180

TITLE OF BILL:
An act
to amend the education law, in relation to information concerning
minor school children enrolling in and transferring to schools

PURPOSE:
This bill would require schools to gather certain parental information
and records when enrolling a minor child in school and would require
superintendents or their agents to access the statewide register of
missing children upon a suspicion that the child is a victim of
kidnapping or custodial interference.

SUMMARY OF PROVISIONS:
The Education Law would be amended requiring schools to ascertain the
relationship between the minor child and the individual enrolling the
child into school. School superintendents or their agents would be
required to check the statewide register of missing children upon any
suspicion that the child is a victim of a kidnapping or custodial
interference. The Education Law would be further amended to require
schools to request, within 15 days of a minor child's enrollment,
that the child's previous school forward his/her records. Schools
would be required to notify law enforcement agents if either: a) a
child has withdrawn from school during the school term, and the
school has not received an official request for the child's records
within 30 days, or 90 days from the end of the term; or b) a child
has not attended school for 5 consecutive days' and his/her
whereabouts cannot be ascertained, School superintendents or their
agents will be permitted to access the statewide register for missing
children upon any suspicion of custodial interference or kidnapping.
The Executive Law would be amended by creating a new paragraph (f) to
include school superintendents or authorized agents among those
authorized access to the statewide central register of missing
children.

JUSTIFICATION:
The issue of missing children continues to be a very serious problem
within the State. This legislation is an attempt to assist
authorities in locating missing children by monitoring the school
systems. Upon an abduction or custodial interference of a minor
child, the abductor or non-custodial parent usually enrolls the child
into a new school. Failure to enroll the minor child in school would
arouse suspicion among
friends and neighbors. By requiring documentation of familial
relationships and school records upon enrollment, it will be easier
to trace the movements of our children. Furthermore, permitting
school officials to access the statewide register of missing children
upon suspicion of kidnapping and requiring immediate notification to
law enforcement agencies of any confirmed suspicions will more
expeditiously identify and return missing children to their custodial
parent(s).

LEGISLATIVE HISTORY:
S.1415/A.10545 of 2009/2010; Referred to Education
S.4402 2007/2008; Referred to Education Committee


FISCAL IMPLICATIONS:;
None.

EFFECTIVE DATE:
The first of September following enactment into law.

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

                                   180

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed 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.
                                                           LBD01646-01-1

S. 180                              2

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

S. 180                              3

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.

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