Requires notification by the superintendent of a school district to a transfer school/school district where an employee or volunteer has a report of child abuse in an educational setting; establishes a civil penalty not to exceed $5000; establishes that failure to notify the transfer school of such employee or volunteer is a class A misdemeanor.
S T A T E O F N E W Y O R K
________________________________________________________________________
9600
I N A S S E M B L Y
March 20, 2012
___________
Introduced by M. of A. HEVESI -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to requiring notification
by the superintendent of a school district to a transfer school or
school district where an employee or volunteer has a report 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:
Section 1. Section 1128-a of the education law is amended by adding a
new subdivision 3 to read as follows:
3. (A) IF AN EMPLOYEE OR VOLUNTEER HAS A REPORT OF CHILD ABUSE IN AN
EDUCATIONAL SETTING WHICH IS MADE PURSUANT TO THIS ARTICLE AND SUCH
EMPLOYEE OR VOLUNTEER REQUESTS A TRANSFER TO ANOTHER SCHOOL WITHIN FIVE
YEARS FROM THE DATE SUCH REPORT IS MADE, THE SUPERINTENDENT SHALL REPORT
THE ALLEGATION TO THE TRANSFER SCHOOL. SUCH REPORT SHALL REMAIN IN THE
EMPLOYEE OR VOLUNTEER'S FILE UNTIL IT IS DEEMED TO BE ELIGIBLE TO BE
EXPUNGED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
(B) WILLFUL FAILURE OF A SUPERINTENDENT TO NOTIFY THE SCHOOL OR SCHOOL
DISTRICT TO WHERE THE TRANSFER IS BEING REQUESTED OF A REPORT OF CHILD
ABUSE, AS REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION, SHALL BE
PUNISHABLE BY A CIVIL PENALTY NOT TO EXCEED FIVE THOUSAND DOLLARS UPON
AN ADMINISTRATIVE DETERMINATION BY THE COMMISSIONER.
(C) WHERE THE EMPLOYEE OR VOLUNTEER IS THE RECIPIENT OF A REPORT OF
CHILD ABUSE IN AN EDUCATIONAL SETTING AT A TRANSFER SCHOOL AND A SUPER-
INTENDENT IS DETERMINED BY THE COMMISSIONER TO HAVE VIOLATED PARAGRAPH
(B) OF THIS SUBDIVISION, SUCH SUPERINTENDENT SHALL BE GUILTY OF A CLASS
A MISDEMEANOR.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15048-01-2
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.