Assembly Bill A10508

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

                                  10508

                          I N  A S S E M B L Y

                              May 31, 2016
                               ___________

Introduced by M. of A. THIELE, McDONOUGH, FINCH, BICHOTTE, JAFFEE, RAIA,
  MURRAY,   MONTESANO,  GIGLIO,  BRABENEC,  KEARNS,  MARKEY,  LUPINACCI,
  DUPREY, CASTORINA, RA, CROUCH, HUNTER -- Multi-Sponsored by --  M.  of
  A.  BUTLER,  CANCEL, CERETTO, COOK, ENGLEBRIGHT, McLAUGHLIN, PALMESANO
  -- 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:

  Section 1. Subdivisions 2, 5 and 6 of section 1125  of  the  education
law,  subdivisions  2  and 6 as added by chapter 180 of the laws of 2000
and subdivision 5 as amended by section 1 of part E of  chapter  501  of
the laws of 2012, are amended to read as follows:
  2.  "Child"  shall  mean  a  person  under the age of twenty-one years
enrolled in a school  district  in  this  state,  other  than  a  school
district  within  a  city having a population of one million or more, OR
ANY PERSON UNDER THE AGE OF TWENTY-ONE ENROLLED IN A PRIVATE  SCHOOL  IN
THIS STATE.
  5.  "Educational  setting"  shall  mean  the building and grounds of a
public school district OR PRIVATE SCHOOL, the vehicles provided  by  the
school  district OR PRIVATE SCHOOL for the transportation of students to
and from school buildings, field trips, co-curricular and extra-curricu-
lar activities both on and off school district grounds, all  co-curricu-
lar  and  extra-curricular  activity sites, and any other location where
direct contact between an employee or volunteer and a child has alleged-
ly occurred. Such term shall not include a special act  school  district
as  defined  in section four thousand one of this chapter which shall be
subject to article eleven of the social services law.
  6. "Administrator" or "school administrator" shall mean a principal of
a public OR PRIVATE school,  charter  school  or  board  of  cooperative
educational services, or other chief school officer.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15394-01-6

              

A. 10508                            2

  S  2.  The  section heading and subdivision 1 of section 1128-a of the
education law, as added by chapter 180 of the laws of 2000, are  amended
to read as follows:
  Additional  duties  of superintendents AND ADMINISTRATORS.  1. Where a
superintendent of schools, OR IN THE CASE OF A PRIVATE SCHOOL  A  SCHOOL
ADMINISTRATOR,  forwards  to  law  enforcement  a report as described in
paragraph (a) of subdivision one of section eleven hundred twenty-six of
this article, he or she shall refer  such  report  to  the  commissioner
where  the  employee  or  volunteer  alleged to have committed an act of
child abuse as defined in this article holds a certification or  license
issued by the department.
  S  3.  Subdivision 3 of section 1133 of the education law, as added by
chapter 180 of the laws of 2000, is amended to read as follows:
  3. Any superintendent of schools OR SCHOOL ADMINISTRATOR  who  reason-
ably  and in good faith reports to law enforcement officials information
regarding allegations of child abuse or a  resignation  as  required  by
this  article shall have immunity from any liability, civil or criminal,
which might otherwise result by reason of such actions.
  S 4. This act shall take effect on the thirtieth day  after  it  shall
have become a law.