Senate Bill S4035

2017-2018 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to education
Feb 02, 2017	referred to education

2017-S4035 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §§3212 & 3212-a, add §3212-b, Ed L

2017-S4035 (ACTIVE) - Summary

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

2017-S4035 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4035

 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 OR GENERAL IDEA OF BILL :

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 a tended 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).

 PRIOR LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

None

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

2017-S4035 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4035
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2017
                                ___________
 
 Introduced  by  Sen. TEDISCO -- 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.
                                                            LBD06385-01-7

 S. 4035                             2

 connection with, the duties or activities authorized or directed by this
 paragraph.]
   §  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 THE MINOR MAY BE A MISSING CHILD, THE  SUPERINTENDENT
 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  INFORMATION
 CENTER  REGISTER,  THE  SUPERINTENDENT  OR HIS AUTHORIZED REPRESENTATIVE
 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.
   §  3.  Section 3212-a of the education law, as added by chapter 473 of
 the laws of 1977, is amended to read as follows:
   § 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).
   §  4.  The  education law is amended by adding a new section 3212-b to
 read as follows:
   § 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. 4035                             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.
   §  5.  This  act  shall  take  effect  on  the first of September next
 succeeding the date on which it shall have become a law.

Comments

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.

Find your Senator and share your views on important issues.

Do you support this bill?

Senate Bill S4035

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

Actions

2017-S4035 (ACTIVE) - Details

2017-S4035 (ACTIVE) - Summary

2017-S4035 (ACTIVE) - Sponsor Memo

2017-S4035 (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2017-S4035

Senate Bill S4035

Share this bill

Sponsored By

James Tedisco

Archive: Last Bill Status - In Senate Committee Education Committee

Actions

2017-S4035 (ACTIVE) - Details

2017-S4035 (ACTIVE) - Summary

2017-S4035 (ACTIVE) - Sponsor Memo

2017-S4035 (ACTIVE) - Bill Text download pdf

Comments