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

                                  9705

                          I N  A S S E M B L Y

                              April 5, 2016
                               ___________

Introduced  by  M.  of  A.  McDONOUGH  --  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. Subdivision 2, 5 and 6 of section  1125  of  the  education
law, subdivision 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.
  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

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

                                                           LBD14781-01-6

A. 9705                             2

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 immediately.