S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7372
 
                             I N  S E N A T E
 
                             January 10, 2018
                                ___________
 
 Introduced  by Sen. GALLIVAN -- 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  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, 3, 4, 5 and 6 of section 1125 of the educa-
 tion law, subdivisions 2, 3, 4 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 OR  PUBLIC  SCHOOL,  INCLUDING  A  CHARTER
 SCHOOL,  PRIVATE SCHOOL, INCLUDING AN APPROVED PRIVATE 853 SCHOOL ESTAB-
 LISHED UNDER CHAPTER EIGHT HUNDRED FIFTY-THREE OF THE LAWS  OF  NINETEEN
 HUNDRED  SEVENTY-SIX,  STATE SUPPORTED SCHOOL AND STATE OPERATED SCHOOL,
 SPECIAL ACT SCHOOL DISTRICT AS DEFINED IN SECTION FOUR THOUSAND  ONE  OF
 THIS  CHAPTER  OR  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES in this
 state[, other than a school district within a city having  a  population
 of one million or more].
   3.  "Employee"  shall  mean  any  person receiving compensation from a
 school district OR PUBLIC SCHOOL, INCLUDING A  CHARTER  SCHOOL,  PRIVATE
 SCHOOL, INCLUDING AN APPROVED PRIVATE 853 SCHOOL ESTABLISHED UNDER CHAP-
 TER  EIGHT  HUNDRED FIFTY-THREE OF THE LAWS OF NINETEEN HUNDRED SEVENTY-
 SIX, STATE SUPPORTED SCHOOL  AND  STATE  OPERATED  SCHOOL,  SPECIAL  ACT
 SCHOOL  DISTRICT AS DEFINED IN SECTION FOUR THOUSAND ONE OF THIS CHAPTER
 OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES, OR ANY  PERSON  OR  ENTITY
 WHICH  CONTRACTS WITH A SCHOOL DISTRICT, CHARTER SCHOOL, PRIVATE SCHOOL,
 SPECIAL ACT SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES
 TO PROVIDE TRANSPORTATION TO  CHILDREN,  or  employee  of  a  contracted
 service  provider  or  worker  placed  within  the school under a public
 assistance employment program, pursuant to title nine-B of article  five
 of  the  social services law, and consistent with the provisions of such
 title for the provision of services to such district,  its  students  or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13199-01-7

 S. 7372                             2
 
 employees, directly or through contract, whereby such services performed
 by such person involve direct student contact.
   4.  "Volunteer"  shall  mean  any  person, other than an employee, who
 provides services to a [school or] school  district  OR  PUBLIC  SCHOOL,
 INCLUDING  A  CHARTER  SCHOOL,  PRIVATE  SCHOOL,  INCLUDING  AN APPROVED
 PRIVATE 853 SCHOOL ESTABLISHED UNDER CHAPTER EIGHT  HUNDRED  FIFTY-THREE
 OF  THE LAWS OF NINETEEN HUNDRED SEVENTY-SIX, STATE SUPPORTED SCHOOL AND
 STATE OPERATED SCHOOL, SPECIAL ACT SCHOOL DISTRICT AS DEFINED IN SECTION
 FOUR THOUSAND ONE OF THIS CHAPTER OR BOARD  OF  COOPERATIVE  EDUCATIONAL
 SERVICES,  OR  ANY  PERSON  OR  ENTITY  WHICH  CONTRACTS  WITH  A SCHOOL
 DISTRICT, CHARTER SCHOOL, PRIVATE SCHOOL, SPECIAL ACT SCHOOL DISTRICT OR
 BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO PROVIDE  TRANSPORTATION  TO
 CHILDREN, which involve direct student contact.
   5.  "Educational  setting"  shall  mean  the building and grounds of a
 public school district OR PUBLIC SCHOOL,  INCLUDING  A  CHARTER  SCHOOL,
 PRIVATE  SCHOOL,  INCLUDING  AN  APPROVED PRIVATE 853 SCHOOL ESTABLISHED
 UNDER CHAPTER EIGHT HUNDRED FIFTY-THREE OF THE LAWS OF NINETEEN  HUNDRED
 SEVENTY-SIX,  STATE  SUPPORTED SCHOOL AND STATE OPERATED SCHOOL, SPECIAL
 ACT SCHOOL DISTRICT AS DEFINED IN SECTION  FOUR  THOUSAND  ONE  OF  THIS
 CHAPTER  OR  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES, the vehicles
 provided DIRECTLY OR BY  CONTRACT  by  the  school  district  OR  PUBLIC
 SCHOOL,  INCLUDING  A  CHARTER  SCHOOL,  PRIVATE  SCHOOL,  INCLUDING  AN
 APPROVED PRIVATE 853 SCHOOL  ESTABLISHED  UNDER  CHAPTER  EIGHT  HUNDRED
 FIFTY-THREE OF THE LAWS OF NINETEEN HUNDRED SEVENTY-SIX, STATE SUPPORTED
 SCHOOL AND STATE OPERATED SCHOOL, SPECIAL ACT SCHOOL DISTRICT AS DEFINED
 IN  SECTION  FOUR  THOUSAND  ONE OF THIS CHAPTER OR BOARD OF COOPERATIVE
 EDUCATIONAL SERVICES for the transportation  of  students  to  and  from
 school buildings, field trips, co-curricular and extra-curricular activ-
 ities  both  on  and  off school district grounds, all co-curricular and
 extra-curricular activity sites, and any  other  location  where  direct
 contact  between  an  employee  or  volunteer  and a child has allegedly
 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],  OR  THE  EQUIVALENT  TITLE,  IN  a public school, PRIVATE SCHOOL,
 INCLUDING AN APPROVED PRIVATE 853 SCHOOL ESTABLISHED UNDER CHAPTER EIGHT
 HUNDRED FIFTY-THREE OF THE LAWS OF NINETEEN HUNDRED  SEVENTY-SIX,  STATE
 SUPPORTED  SCHOOL AND STATE OPERATED SCHOOL, SPECIAL ACT SCHOOL DISTRICT
 AS DEFINED IN SECTION FOUR THOUSAND ONE OF THIS CHAPTER, charter  school
 or  board  of  cooperative  educational  services, or other chief school
 officer.
   § 2. The opening paragraph of subdivision 1 of  section  1126  of  the
 education  law,  as added by chapter 180 of the laws of 2000, is amended
 and a new subdivision 1-a is added to read as follows:
   In any case where an oral or written allegation is made to a  teacher,
 school  nurse,  school  guidance  counselor, school psychologist, school
 social worker, school administrator, school board member or other school
 personnel required to hold  a  teaching  or  administrative  license  or
 certificate,  AS  WELL  AS  INDIVIDUALS EMPLOYED BY THE PUBLIC SCHOOL OR
 PRIVATE SCHOOL TO PROVIDE SERVICES TO SUCH SCHOOL INCLUDING LICENSED AND
 REGISTERED PHYSICAL THERAPISTS,  LICENSED  AND  REGISTERED  OCCUPATIONAL
 THERAPISTS, LICENSED AND REGISTERED SPEECH-LANGUAGE PATHOLOGISTS, TEACH-
 ER  AIDES  AND SCHOOL RESOURCE OFFICERS, that a child has been subjected
 to child abuse by an employee or volunteer in  an  educational  setting,
 such person shall upon receipt of such allegation:

 S. 7372                             3

   1-A.  ANY EMPLOYEE OF A PERSON OR ENTITY WHICH CONTRACTS WITH A SCHOOL
 DISTRICT, CHARTER SCHOOL, PRIVATE SCHOOL OR BOARD OF COOPERATIVE  EDUCA-
 TIONAL  SERVICES  TO  PROVIDE TRANSPORTATION TO CHILDREN SHALL REPORT OR
 CAUSE A REPORT TO BE MADE TO SUCH PERSON OR ENTITY  WHEN  SUCH  EMPLOYEE
 KNOWS  OR  HAS  REASON  TO BELIEVE THAT ANY EMPLOYEE, FORMER EMPLOYEE OR
 VOLUNTEER OF THE CONTRACTING PERSON OR ENTITY SUBJECTED A CHILD TO CHILD
 ABUSE IN AN EDUCATIONAL SETTING. IN ANY CASE WHERE AN  ORAL  OR  WRITTEN
 ALLEGATION  IS  MADE TO A PERSON OR ENTITY WHICH CONTRACTS WITH A SCHOOL
 DISTRICT, CHARTER SCHOOL, PRIVATE SCHOOL OR BOARD OF COOPERATIVE  EDUCA-
 TIONAL  SERVICES  TO PROVIDE TRANSPORTATION TO CHILDREN THAT A CHILD HAS
 BEEN SUBJECTED TO CHILD ABUSE BY AN EMPLOYEE, FORMER EMPLOYEE OR  VOLUN-
 TEER IN AN EDUCATIONAL SETTING, SUCH PERSON OR ENTITY SHALL UPON RECEIPT
 OF SUCH ALLEGATION PROMPTLY COMPLETE A WRITTEN REPORT OF SUCH ALLEGATION
 INCLUDING  THE FULL NAME OF THE CHILD ALLEGED TO BE ABUSED; THE IDENTITY
 OF THE PERSON MAKING  THE  ALLEGATION  AND  THEIR  RELATIONSHIP  TO  THE
 ALLEGED  CHILD  VICTIM;  THE  NAME  OF  THE EMPLOYEE, FORMER EMPLOYEE OR
 VOLUNTEER AGAINST WHOM THE ALLEGATION WAS MADE; AND  A  LISTING  OF  THE
 SPECIFIC  ALLEGATIONS  OF  CHILD  ABUSE  IN AN EDUCATIONAL SETTING. SUCH
 WRITTEN REPORT SHALL BE IN THE FORM  AS  PRESCRIBED  IN  SECTION  ELEVEN
 HUNDRED THIRTY-TWO OF THIS ARTICLE, AND SHALL BE PERSONALLY DELIVERED TO
 THE  SCHOOL  DISTRICT  SUPERINTENDENT  OR THE ADMINISTRATOR IN A PRIVATE
 SCHOOL OR CHARTER SCHOOL OR IN THE EVENT THAT THE EMPLOYEE AGAINST  WHOM
 THE  ALLEGATION  IS  MADE IS THE SUPERINTENDENT OR THE ADMINISTRATOR, TO
 ANOTHER ADMINISTRATOR DESIGNATED BY THE PRIVATE SCHOOL OR CHARTER SCHOOL
 FOR REPORTING PURPOSES UNDER THIS SUBDIVISION.
   § 3. The opening paragraph of section 1128 of the  education  law,  as
 added by chapter 180 of the laws of 2000, is amended to read as follows:
   Upon  receipt of a written report described in paragraph (a) of subdi-
 vision one OR SUBDIVISION ONE-A of section eleven hundred twenty-six  of
 this  article  alleging  that  a child has been abused in an educational
 setting, a school administrator or superintendent shall where there is a
 reasonable suspicion to believe that an act of child abuse has occurred:
   § 4. Subdivision 1 of section 1128-a of the education law, as added by
 chapter 180 of the laws of 2000, is amended to read as follows:
   1. Where a superintendent of schools forwards  to  law  enforcement  a
 report  as  described in paragraph (a) of subdivision one OR SUBDIVISION
 ONE-A of section eleven hundred twenty-six of this article,  he  or  she
 shall refer such report to the commissioner where the employee or volun-
 teer  alleged to have committed an act of child abuse as defined in this
 article holds a certification or license issued by the department.
   § 5. Section 1132 of the education law is  amended  by  adding  a  new
 subdivision 3 to read as follows:
   3.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COMMISSIONER SHALL
 REQUIRE THAT ALL PERSONS EMPLOYED BY  A  REGISTERED  PRIVATE  SCHOOL  OR
 CHARTER  SCHOOL  IN  TITLES  EQUIVALENT TO A TEACHER OR ADMINISTRATOR AS
 DEFINED IN THE REGULATIONS OF THE COMMISSIONER, ON OR AFTER JULY  FIRST,
 TWO  THOUSAND  EIGHTEEN,  TO  HAVE  COMPLETED TWO HOURS OF COURSEWORK OR
 TRAINING REGARDING THE IDENTIFICATION AND REPORTING OF CHILD  ABUSE  AND
 MALTREATMENT.  THE  COURSEWORK  OR  TRAINING  SHALL  BE OBTAINED FROM AN
 INSTITUTION OR PROVIDER WHICH HAS BEEN APPROVED  BY  THE  DEPARTMENT  TO
 PROVIDE  SUCH  COURSEWORK  OR TRAINING. THE COURSEWORK OR TRAINING SHALL
 INCLUDE INFORMATION REGARDING THE PHYSICAL AND BEHAVIORAL INDICATORS  OF
 CHILD  ABUSE  AND  MALTREATMENT AND THE STATUTORY REPORTING REQUIREMENTS
 SET OUT IN SECTIONS FOUR HUNDRED THIRTEEN THROUGH FOUR HUNDRED TWENTY OF
 THE SOCIAL SERVICES LAW, INCLUDING BUT NOT LIMITED TO, WHEN  AND  HOW  A
 REPORT  MUST  BE  MADE,  WHAT  OTHER ACTIONS THE REPORTER IS MANDATED OR

 S. 7372                             4
 
 AUTHORIZED TO TAKE, THE LEGAL PROTECTIONS AFFORDED  REPORTERS,  AND  THE
 CONSEQUENCES  FOR  FAILING TO REPORT. EACH EMPLOYEE IN SUCH TITLES SHALL
 PROVIDE THE CHIEF OF THE PRIVATE SCHOOL OR CHARTER SCHOOL WITH  DOCUMEN-
 TATION  SHOWING  THAT HE OR SHE HAS COMPLETED THE REQUIRED TRAINING. THE
 DEPARTMENT SHALL BE AUTHORIZED TO REQUEST SUCH  RECORDS  ON  A  PERIODIC
 BASIS  AND MAY PUBLISH A LIST OF ANY PERSONS, PRIVATE SCHOOLS OR CHARTER
 SCHOOLS WHO ARE NOT IN COMPLIANCE WITH THIS SUBDIVISION ON ITS WEBSITE.
   § 6. 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.
   § 7. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7372--A
     Cal. No. 348
 
                             I N  S E N A T E
 
                             January 10, 2018
                                ___________
 
 Introduced  by Sens. GALLIVAN, AMEDORE, CROCI, GOLDEN, HAMILTON, JACOBS,
   KRUEGER, O'MARA, PERALTA, RANZENHOFER, SAVINO, SERINO, TEDISCO -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on  Children  and  Families -- reported favorably from said
   committee, ordered to first and second  report,  ordered  to  a  third
   reading,  amended  and  ordered  reprinted, retaining its place in the
   order of third reading
 
 AN ACT to amend the education law, in relation  to  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, 3, 4, 5 and 6 of section 1125 of the educa-
 tion law, subdivisions 2, 3, 4 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 and a new subdivision 10 is added
 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].
   3. "Employee" shall mean any person: (I) WHO IS receiving compensation
 from a school [district] OR (II) WHOSE  DUTIES  INVOLVE  DIRECT  STUDENT
 CONTACT  AND (A) WHO IS RECEIVING COMPENSATION FROM ANY PERSON OR ENTITY
 THAT CONTRACTS WITH A SCHOOL TO PROVIDE TRANSPORTATION SERVICES TO CHIL-
 DREN, or (B) WHO IS AN employee of  a  contracted  service  provider  or
 worker  placed  within  the  school under a public assistance employment
 program, pursuant to title nine-B of article five of the social services
 law, and consistent with the provisions of such title for the  provision
 of  services  to  such  [district]  SCHOOL,  its  students or employees,
 directly or through contract[, whereby such services performed  by  such
 person involve direct student contact].
   4.  "Volunteer" shall mean any person, other than an employee, who HAS
 DIRECT STUDENT CONTACT AND: (I) provides services to a school [or school
 district  which  involve  direct  student  contact],  OR  (II)  PROVIDES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD13199-07-8

 S. 7372--A                          2
 
 SERVICES TO ANY PERSON OR ENTITY THAT CONTRACTS WITH A SCHOOL TO PROVIDE
 TRANSPORTATION SERVICES TO CHILDREN.
   5.  "Educational  setting"  shall  mean  the building and grounds of a
 [public]  school  [district],  the  vehicles  provided  DIRECTLY  OR  BY
 CONTRACT  by the school [district] 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-curri-
 cular  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],  OR THE EQUIVALENT TITLE, IN a [public] school, [charter school or
 board of cooperative educational services,] or other chief school  offi-
 cer.
   10.  "SCHOOL"  SHALL INCLUDE A SCHOOL DISTRICT, PUBLIC SCHOOL, CHARTER
 SCHOOL, NONPUBLIC SCHOOL, BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES,
 SPECIAL  ACT SCHOOL DISTRICT  AS DEFINED IN SECTION FOUR THOUSAND ONE OF
 THIS CHAPTER, APPROVED PRESCHOOL SPECIAL EDUCATION PROGRAM  PURSUANT  TO
 SECTION  FORTY-FOUR  HUNDRED TEN OF THIS CHAPTER, APPROVED PRIVATE RESI-
 DENTIAL OR NON-RESIDENTIAL SCHOOL FOR THE  EDUCATION  OF  STUDENTS  WITH
 DISABILITIES  INCLUDING  PRIVATE SCHOOLS ESTABLISHED UNDER CHAPTER EIGHT
 HUNDRED FIFTY-THREE OF THE LAWS  OF  NINETEEN  HUNDRED  SEVENTY-SIX,  OR
 STATE-OPERATED  OR  STATE-SUPPORTED  SCHOOL  IN  ACCORDANCE WITH ARTICLE
 EIGHTY-FIVE, EIGHTY-SEVEN OR EIGHTY-EIGHT OF THIS CHAPTER.
   § 2. The opening paragraph of  subdivision  1  and  subdivision  2  of
 section  1126  of the education law, as added by chapter 180 of the laws
 of 2000, are amended and two new subdivisions 1-a and  4  are  added  to
 read as follows:
   In  any case where an oral or written allegation is made to a teacher,
 school nurse, school guidance  counselor,  school  psychologist,  school
 social worker, school administrator, school board member or other school
 personnel  required  to  hold  a  teaching  or administrative license or
 certificate, AS WELL AS A LICENSED AND  REGISTERED  PHYSICAL  THERAPIST,
 LICENSED  AND REGISTERED OCCUPATIONAL THERAPIST, LICENSED AND REGISTERED
 SPEECH-LANGUAGE PATHOLOGIST, TEACHER AIDE OR  SCHOOL  RESOURCE  OFFICER,
 that  a child has been subjected to child abuse by an employee or volun-
 teer in an educational setting, such person shall upon receipt  of  such
 allegation:
   1-A.  (I) IN ANY CASE WHERE AN ORAL OR WRITTEN ALLEGATION IS MADE TO A
 SCHOOL  BUS  DRIVER EMPLOYED BY A PERSON OR ENTITY THAT CONTRACTS WITH A
 SCHOOL TO PROVIDE TRANSPORTATION SERVICES TO CHILDREN THAT A  CHILD  HAS
 BEEN  SUBJECTED  TO CHILD ABUSE BY AN EMPLOYEE OR VOLUNTEER IN AN EDUCA-
 TIONAL SETTING, SUCH DRIVER  SHALL  UPON  RECEIPT  OF  SUCH  ALLEGATION,
 PROMPTLY  REPORT  OR  CAUSE A REPORT TO BE MADE TO HIS OR HER SUPERVISOR
 EMPLOYED BY SUCH CONTRACTING PERSON OR ENTITY.
   (II) IN ANY CASE WHERE AN ORAL OR WRITTEN REPORT OR ALLEGATION IS MADE
 TO A SUPERVISOR WHO IS EMPLOYED BY A PERSON  OR  ENTITY  THAT  CONTRACTS
 WITH  A  SCHOOL  TO  PROVIDE  TRANSPORTATION SERVICES TO CHILDREN FROM A
 PERSON EMPLOYED BY THE CONTRACTED PERSON OR ENTITY, THAT A CHILD IN SUCH
 SCHOOL HAS BEEN SUBJECTED TO CHILD ABUSE BY AN EMPLOYEE OR VOLUNTEER  IN
 AN EDUCATIONAL SETTING, SUCH SUPERVISOR SHALL UPON RECEIPT OF SUCH ALLE-
 GATION  PROMPTLY  COMPLETE A WRITTEN REPORT OF SUCH ALLEGATION INCLUDING
 THE FULL NAME OF THE CHILD ALLEGED TO BE ABUSED; THE NAME OF THE CHILD'S
 PARENT OR GUARDIAN; THE IDENTITY OF THE PERSON MAKING THE ALLEGATION AND

 S. 7372--A                          3
 
 THEIR RELATIONSHIP TO THE ALLEGED CHILD VICTIM; THE NAME OF THE EMPLOYEE
 OR VOLUNTEER AGAINST WHOM THE ALLEGATION WAS MADE; AND A LISTING OF  THE
 SPECIFIC  ALLEGATIONS  OF  CHILD  ABUSE  IN AN EDUCATIONAL SETTING. SUCH
 WRITTEN  REPORT  SHALL  BE  UPON  A FORM AS PRESCRIBED IN SECTION ELEVEN
 HUNDRED THIRTY-TWO OF THIS ARTICLE, AND SHALL BE PERSONALLY DELIVERED TO
 THE SCHOOL DISTRICT SUPERINTENDENT EMPLOYED BY THE SCHOOL DISTRICT WHERE
 THE CHILD ABUSE OCCURRED OR, FOR A SCHOOL OTHER THAN A  SCHOOL  DISTRICT
 OR  PUBLIC SCHOOL, THE SCHOOL ADMINISTRATOR EMPLOYED BY THE SCHOOL WHERE
 THE CHILD ABUSE OCCURRED.
   2. In any case where it is alleged that  a  child  was  abused  by  an
 employee  or volunteer of a school other than a school within the school
 district of the child's attendance, the report of such allegations shall
 be promptly forwarded to the superintendent of  schools  of  the  school
 district  of  the  child's  attendance and the school district where the
 abuse allegedly occurred, whereupon both  school  superintendents  shall
 comply  with  sections  eleven  hundred  twenty-eight and eleven hundred
 twenty-eight-a of this article. IF SUCH CASE INVOLVES A SCHOOL  THAT  IS
 NOT  A SCHOOL DISTRICT OR PUBLIC SCHOOL, THE APPROPRIATE SCHOOL ADMINIS-
 TRATOR OR ADMINISTRATORS, IN ADDITION TO ANY APPROPRIATE  SUPERINTENDENT
 OF  SCHOOLS,  SHALL  BE  NOTIFIED  WHEREUPON  ALL SUCH INDIVIDUALS SHALL
 COMPLY WITH SECTIONS ELEVEN  HUNDRED  TWENTY-EIGHT  AND  ELEVEN  HUNDRED
 TWENTY-EIGHT-A OF THIS ARTICLE.
   4.  IN ANY CASE WHERE THE EMPLOYEE AGAINST WHOM THE ALLEGATION IS MADE
 IS THE SUPERINTENDENT OR THE ADMINISTRATOR, THE REPORT OF  SUCH  ALLEGA-
 TIONS SHALL BE MADE TO ANOTHER ADMINISTRATOR DESIGNATED BY THE SCHOOL.
   §  3.  The  opening paragraph of section 1128 of the education law, as
 added by chapter 180 of the laws of 2000, is amended to read as follows:
   Upon receipt of a written report described in paragraph (a) of  subdi-
 vision  one OR SUBDIVISION ONE-A of section eleven hundred twenty-six of
 this article alleging that a child has been  abused  in  an  educational
 setting, a school administrator or superintendent shall where there is a
 reasonable suspicion to believe that an act of child abuse has occurred:
   § 4. Subdivision 1 of section 1128-a of the education law, as added by
 chapter 180 of the laws of 2000, is amended to read as follows:
   1.  Where  a  superintendent  of  schools OR, IN A SCHOOL OTHER THAN A
 SCHOOL DISTRICT OR PUBLIC SCHOOL, THE SCHOOL ADMINISTRATOR  forwards  to
 law  enforcement  a  report as described in paragraph (a) of subdivision
 one OR SUBDIVISION ONE-A 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.
   § 5. Section 1130 of the education law, as added by chapter 180 of the
 laws of 2000, is amended to read as follows:
   § 1130. Notification by district attorney. Where a  criminal  investi-
 gation  of  an  allegation of child abuse by an employee or volunteer is
 undertaken in response to a report forwarded by a  school  administrator
 or  superintendent  to  law  enforcement authorities pursuant to section
 eleven hundred twenty-eight of this article, and where  law  enforcement
 authorities  have provided such report to the district attorney and have
 requested assistance, as soon as practicable, it shall be the  responsi-
 bility  of the district attorney to notify the superintendent of schools
 of the district where the acts of child abuse allegedly occurred and  of
 the  school  district  where the child is attending, if different, of an
 indictment or the filing of an accusatory instrument against the employ-
 ee or volunteer against whom an allegation of child abuse in  an  educa-

 S. 7372--A                          4
 
 tional  setting  was made. The district attorney shall notify the super-
 intendent of schools of the district  where  the  acts  of  child  abuse
 allegedly  occurred  and of the school district, if different, where the
 child  is attending of the disposition of the criminal case against such
 employee or volunteer or the suspension or termination of  the  criminal
 investigation of such employee or volunteer.  THE AFOREMENTIONED NOTIFI-
 CATIONS  TO THE SUPERINTENDENT OF SCHOOLS SHALL BE MADE TO THE APPROPRI-
 ATE SCHOOL  ADMINISTRATOR  WHERE  THE  ACTS  OF  CHILD  ABUSE  ALLEGEDLY
 OCCURRED IN A SCHOOL OTHER THAN A SCHOOL DISTRICT OR PUBLIC SCHOOL.
   §  6.  Subdivision 1 of section 1131 of the education law, as added by
 chapter 180 of the laws of 2000, is amended to read as follows:
   1. In the event that a licensed or certified school  employee  against
 whom  an  allegation  of  child abuse in an educational setting has been
 made, is convicted of any crime involving child abuse in an  educational
 setting,  the  district  attorney  shall  provide  notice thereof to the
 commissioner[,] AND the superintendent of schools of the district OR, IN
 A SCHOOL OTHER THAN A SCHOOL  DISTRICT  OR  PUBLIC  SCHOOL,  THE  SCHOOL
 ADMINISTRATOR  where  the acts of child abuse occurred and to the school
 [district] where the child is attending [school], if different.
   § 7. Subdivision 2 of section 1132 of the education law, as  added  by
 chapter 180 of the laws of 2000, is amended to read as follows:
   2.  The commissioner shall promulgate rules and regulations for train-
 ing necessary for  the  implementation  of  this  article  PROVIDED  ALL
 EMPLOYEES SPECIFICALLY DESCRIBED IN SECTION ELEVEN HUNDRED TWENTY-SIX OF
 THIS  ARTICLE  SHALL  BE  REQUIRED TO COMPLETE TRAINING PURSUANT TO SUCH
 RULES AND REGULATIONS. SUCH TRAINING SHALL INCLUDE, AT A MINIMUM, INFOR-
 MATION REGARDING THE PHYSICAL AND BEHAVIORAL INDICATORS OF  CHILD  ABUSE
 AND  MALTREATMENT  AND  THE  STATUTORY REPORTING REQUIREMENTS SET OUT IN
 SECTIONS FOUR HUNDRED THIRTEEN,  FOUR  HUNDRED  FOURTEEN,  FOUR  HUNDRED
 FIFTEEN,  FOUR  HUNDRED  SIXTEEN,  FOUR  HUNDRED SEVENTEEN, FOUR HUNDRED
 EIGHTEEN, FOUR HUNDRED NINETEEN AND FOUR HUNDRED TWENTY  OF  THE  SOCIAL
 SERVICES  LAW,  INCLUDING BUT NOT LIMITED TO, WHEN AND HOW A REPORT MUST
 BE MADE, WHAT OTHER ACTIONS THE REPORTER IS MANDATED  OR  AUTHORIZED  TO
 TAKE, THE LEGAL PROTECTIONS AFFORDED REPORTERS, AND THE CONSEQUENCES FOR
 FAILING TO REPORT.
   §  8.  Section  1132 of the education law is amended by adding two new
 subdivisions 3 and 4 to read as follows:
   3. ALL PERSONS EMPLOYED ON OR AFTER JULY FIRST, TWO THOUSAND  NINETEEN
 BY  A  SCHOOL,  OTHER THAN A SCHOOL DISTRICT OR PUBLIC SCHOOL, IN TITLES
 EQUIVALENT TO A TEACHER OR ADMINISTRATOR AS DEFINED IN  THE  REGULATIONS
 OF THE COMMISSIONER, AND ANY SCHOOL BUS DRIVER EMPLOYED BY ANY PERSON OR
 ENTITY  THAT  CONTRACTS WITH A SCHOOL TO PROVIDE TRANSPORTATION SERVICES
 TO CHILDREN SHALL BE REQUIRED TO COMPLETE TWO  HOURS  OF  COURSEWORK  OR
 TRAINING  REGARDING  THE IDENTIFICATION AND REPORTING OF CHILD ABUSE AND
 MALTREATMENT. THE COURSEWORK OR  TRAINING  SHALL  BE  OBTAINED  FROM  AN
 INSTITUTION  OR  PROVIDER  THAT  HAS  BEEN APPROVED BY THE DEPARTMENT TO
 PROVIDE SUCH COURSEWORK OR TRAINING. THE COURSEWORK  OR  TRAINING  SHALL
 INCLUDE  INFORMATION REGARDING THE PHYSICAL AND BEHAVIORAL INDICATORS OF
 CHILD ABUSE AND MALTREATMENT AND THE  STATUTORY  REPORTING  REQUIREMENTS
 SET OUT IN SECTIONS FOUR HUNDRED THIRTEEN THROUGH FOUR HUNDRED TWENTY OF
 THE  SOCIAL  SERVICES  LAW, INCLUDING BUT NOT LIMITED TO, WHEN AND HOW A
 REPORT MUST BE MADE, WHAT OTHER ACTIONS  THE  REPORTER  IS  MANDATED  OR
 AUTHORIZED  TO  TAKE,  THE LEGAL PROTECTIONS AFFORDED REPORTERS, AND THE
 CONSEQUENCES FOR FAILING TO REPORT. EACH EMPLOYEE IN SUCH  TITLES  SHALL
 PROVIDE  THE SCHOOL ADMINISTRATOR OF THE SCHOOL WITH DOCUMENTATION SHOW-
 ING THAT HE OR SHE COMPLETED THE REQUIRED TRAINING.  IN  ADDITION,  EACH

 S. 7372--A                          5
 
 SCHOOL  BUS  DRIVER SHALL PROVIDE SUCH CONTRACTING PERSON OR ENTITY WITH
 DOCUMENTATION SHOWING THAT HE OR SHE COMPLETED  THE  REQUIRED  TRAINING.
 THE DEPARTMENT SHALL BE AUTHORIZED TO REQUEST SUCH RECORDS ON A PERIODIC
 BASIS  AND  MAY  PUBLISH A LIST OF ANY PERSONS OR SCHOOLS WHO ARE NOT IN
 COMPLIANCE WITH THIS SUBDIVISION ON ITS WEBSITE.
   4. THE COURSEWORK OR TRAINING REQUIRED BY THIS SECTION SHALL NOT APPLY
 TO THOSE PERSONS ALREADY REQUIRED  TO  UNDERGO  COURSEWORK  OR  TRAINING
 REGARDING  THE IDENTIFICATION AND REPORTING OF CHILD ABUSE AND MALTREAT-
 MENT PURSUANT TO SECTIONS THREE THOUSAND TWO AND THREE THOUSAND THREE OF
 THIS CHAPTER.
   § 9. 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.
   §  10.  The  education  law is amended by adding a new section 1134 to
 read as follows:
   § 1134. REPORTING TO THE VULNERABLE PERSONS' CENTRAL REGISTER.   WHERE
 A PERSON EMPLOYED BY A SCHOOL IS REQUIRED TO REPORT AN INCIDENT OF CHILD
 ABUSE  IN  AN  EDUCATIONAL  SETTING  TO  THE VULNERABLE PERSONS' CENTRAL
 REGISTER PURSUANT TO ARTICLE ELEVEN OF THE SOCIAL SERVICES LAW AND HE OR
 SHE REPORTS SUCH INCIDENT THERETO, SUCH PERSON SHALL HAVE BEEN DEEMED TO
 HAVE COMPLIED WITH THE REPORTING REQUIREMENTS OF THIS ARTICLE.
   § 11. This act shall take effect on  the  one  hundred  eightieth  day
 after it shall have become a law.