Senate Bill S4342

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4342
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2017
                                ___________
 
 Introduced  by  Sen.  BROOKS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and Families
 
 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.
                                                            LBD09593-01-7

              

 S. 4342                             2
 
   §  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.
   §  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.
   § 4. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.