S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    64
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced by M. of A. HEVESI -- read once and referred to the Committee
   on Children and Families
 
 AN ACT to amend the family court act, the criminal procedure law and the
   education  law, in relation to notifying school districts of orders of
   protection and temporary orders of protection

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 842 of the family court act is amended by adding a
 new closing paragraph to read as follows:
   IN ANY PROCEEDING IN WHICH A CHILD IS THE  PROTECTED  PARTY  IN  WHOSE
 FAVOR  AN  ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION HAS BEEN
 ISSUED, AND SUCH CHILD LEGALLY ATTENDS A SCHOOL  IN  THE  STATE  OF  NEW
 YORK,  THE COURT SHALL NOTIFY SUCH SCHOOL OR BOARD OF COOPERATIVE EDUCA-
 TIONAL SERVICES OF SUCH SCHOOL DISTRICT ON THE SAME DAY AS THE ISSUANCE,
 MODIFICATION, EXTENSION,  DISMISSAL,  OR  EXPIRATION  OF  THE  ORDER  OF
 PROTECTION  OR  TEMPORARY  ORDER OF PROTECTION, OR AS SOON THEREAFTER AS
 PRACTICABLE, WHEN  SUCH  ORDER  OF  PROTECTION  OR  TEMPORARY  ORDER  OF
 PROTECTION  REQUIRES  THE  PARENT  OR THE PERSON LEGALLY RESPONSIBLE FOR
 SUCH CHILD'S CARE, OR THE SPOUSE OF THE PARENT OR OTHER  PERSON  LEGALLY
 RESPONSIBLE  FOR  SUCH  CHILD'S  CARE,  TO  STAY  AWAY FROM SUCH CHILD'S
 SCHOOL.  THE PRESENTATION OF A COPY OF SUCH  ORDER  TO  SUCH  SCHOOL  OR
 BOARD  OF COOPERATIVE EDUCATIONAL SERVICES OF SUCH SCHOOL DISTRICT SHALL
 NOT IMPOSE ON SUCH SCHOOL OR BOARD OF COOPERATIVE  EDUCATIONAL  SERVICES
 OF  SUCH  SCHOOL  DISTRICT ANY DUTY OF CARE GREATER THAN WHAT IS LEGALLY
 REQUIRED. THE COURT SHALL BE REQUIRED TO ADOPT A PROCESS  BY  WHICH  THE
 SCHOOL  DISTRICT  SUPERINTENDENT,  SCHOOL  BUILDING PRINCIPAL, OR SCHOOL
 ADMINISTRATOR OF THE SCHOOL SUCH CHILD LEGALLY ATTENDS IS CONFIDENTIALLY
 NOTIFIED BY MAIL, FAX, OR SECURE ELECTRONIC DOCUMENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00031-01-5
 A. 64                               2
              

 
   § 2. Subdivisions 6 and 8 of section 530.12 of the criminal  procedure
 law,  as amended by chapter 480 of the laws of 2013, are amended to read
 as follows:
   6.  An  order  of protection or a temporary order of protection issued
 pursuant to subdivision one, two, three, four or five  of  this  section
 shall  bear  in  a  conspicuous manner the term "order of protection" or
 "temporary order of protection" as the case may be and a copy  shall  be
 filed  by the clerk of the court with the sheriff's office in the county
 in which the complainant resides, or, if the complainant resides  within
 a city, with the police department of such city. The order of protection
 or  temporary  order  of  protection  shall  also  contain the following
 notice: "This order of protection will remain  in  effect  even  if  the
 protected  party has, or consents to have, contact or communication with
 the party against whom the order is issued. This order of protection can
 only be modified or terminated by the court. The protected party  cannot
 be  held  to  violate  this  order  nor  be  arrested for violating this
 order."[.] The absence of such language shall not affect the validity of
 such order. A copy of such order of protection  or  temporary  order  of
 protection may from time to time be filed by the clerk of the court with
 any  other  police department or sheriff's office having jurisdiction of
 the residence, work place, and school of anyone intended to be protected
 by such order. IN ANY PROCEEDING IN WHICH A CHILD IS THE PROTECTED PARTY
 IN WHOSE FAVOR AN ORDER OF PROTECTION OR TEMPORARY ORDER  OF  PROTECTION
 HAS  BEEN  ISSUED,  AND  SUCH  CHILD LEGALLY ATTENDS A PUBLIC OR PRIVATE
 ELEMENTARY, MIDDLE, OR SECONDARY SCHOOL IN THE STATE OF  NEW  YORK,  THE
 CLERK  OF  THE  COURT SHALL CONFIDENTIALLY NOTIFY THE SCHOOL SUPERINTEN-
 DENT, SCHOOL DISTRICT SUPERINTENDENT, BUILDING PRINCIPAL,  AND/OR  OTHER
 SCHOOL  ADMINISTRATOR OF SUCH SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL
 SERVICES OF SUCH SCHOOL DISTRICT PURSUANT TO SUBDIVISION EIGHT  OF  THIS
 SECTION. A copy of the order may also be filed by the complainant at the
 appropriate  police  department or sheriff's office having jurisdiction.
 Any subsequent amendment or revocation of such order shall be  filed  in
 the same manner as herein provided.
   Such  order of protection shall plainly state the date that such order
 expires.
   8. In any proceeding in which an  order  of  protection  or  temporary
 order of protection or a warrant has been issued under this section, the
 clerk  of  the  court  shall  issue to the complainant and defendant and
 defense counsel and to any other person affected by the order a copy  of
 the order of protection or temporary order of protection and ensure that
 a  copy  of  the order of protection or temporary order of protection be
 transmitted to the local correctional facility where the  individual  is
 or  will be detained, the state or local correctional facility where the
 individual is or will  be  imprisoned,  and  the  supervising  probation
 department  or department of corrections and community supervision where
 the individual is  under  probation  or  parole  supervision.    IN  ANY
 PROCEEDING  IN  WHICH  A  CHILD IS THE PROTECTED PARTY IN WHOSE FAVOR AN
 ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION  HAS  BEEN  ISSUED,
 AND  SUCH  CHILD LEGALLY ATTENDS A PUBLIC OR PRIVATE ELEMENTARY, MIDDLE,
 OR SECONDARY SCHOOL IN THE STATE OF NEW YORK, THE  CLERK  OF  THE  COURT
 SHALL  CONFIDENTIALLY  NOTIFY THE SCHOOL SUPERINTENDENT, SCHOOL DISTRICT
 SUPERINTENDENT, BUILDING PRINCIPAL, AND/OR OTHER SCHOOL ADMINISTRATOR OF
 SUCH SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES OF SUCH  SCHOOL
 DISTRICT  BY  MAIL,  FAX, OR SECURE ELECTRONIC FORMAT ON THE SAME DAY AS
 THE ISSUANCE, MODIFICATION, EXTENSION, DISMISSAL, OR EXPIRATION  OF  THE
 ORDER  OF PROTECTION OR TEMPORARY ORDER OF PROTECTION, OR AS SOON THERE-
 A. 64                               3
 
 AFTER AS PRACTICABLE, WHEN SUCH ORDER OF PROTECTION OR  TEMPORARY  ORDER
 OF  PROTECTION REQUIRES THE PARENT OR THE PERSON LEGALLY RESPONSIBLE FOR
 SUCH CHILD'S CARE, OR THE SPOUSE OF THE PARENT OR OTHER  PERSON  LEGALLY
 RESPONSIBLE  FOR  SUCH  CHILD'S  CARE,  TO  STAY  AWAY FROM SUCH CHILD'S
 SCHOOL. THE PRESENTATION OF A COPY OF SUCH ORDER TO SUCH SCHOOL OR BOARD
 OF COOPERATIVE EDUCATIONAL SERVICES OF SUCH SCHOOL  DISTRICT  SHALL  NOT
 IMPOSE  ON  SUCH  SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES OF
 SUCH SCHOOL DISTRICT ANY DUTY OF  CARE  GREATER  THAN  WHAT  IS  LEGALLY
 REQUIRED.  The  presentation of a copy of such order or a warrant to any
 peace officer acting pursuant to  [his  or  her]  SUCH  PEACE  OFFICER'S
 special  duties or police officer shall constitute authority for [him or
 her] SUCH OFFICER to arrest a person who has violated the terms of  such
 order  and  bring such person before the court and, otherwise, so far as
 lies within [his or her] SUCH OFFICER'S power, to aid  in  securing  the
 protection  such  order  was  intended to afford. The protected party in
 whose favor the order of protection or temporary order of protection  is
 issued  may  not be held to violate an order issued in [his or her] SUCH
 PARTY'S favor nor may such protected party  be  arrested  for  violating
 such order.
   § 3. Paragraph e of subdivision 4 of section 2-d of the education law,
 as  added by section 1 of subpart L of part AA of chapter 56 of the laws
 of 2014, is amended to read as follows:
   e. Except as required by law or in the case of educational  enrollment
 data,  school districts shall not report to the department the following
 student data elements:
   (1) juvenile delinquency records;
   (2) criminal records;
   (3) medical and health records; [and]
   (4) student biometric information; AND
   (5) ORDERS OF PROTECTION IN WHICH THE STUDENT IS THE PROTECTED PARTY.
   § 4. Paragraph c of subdivision 1 of section  3210  of  the  education
 law,  as added by chapter 549 of the laws of 1986, is amended to read as
 follows:
   c. In the event that a person requests the release of a minor required
 by the provisions of part one of this article to  attend  upon  instruc-
 tion,  the  identity  of such person shall be verified against a list of
 names provided by the person or persons  in  parental  relation  to  the
 minor,  as  defined  in section two of this chapter, at the time of such
 minor's enrollment. The school district may adopt appropriate procedures
 for the purpose of submitting a list of names at a later date or  updat-
 ing  the  list  of  names  provided by the person or persons in parental
 relation. If such person is identified as one of those persons  included
 on such list, such minor may be released from attendance. If such person
 is  identified as a person not included on such list, such minor may not
 be released except in the event of an emergency  as  determined  in  the
 sole  discretion  of  the principal of the school, or [his] SUCH PRINCI-
 PAL'S designee, provided that the person or persons in parental relation
 to the minor have been contacted and have  agreed  to  such  release.  A
 school  district  may  presume  that  either  parent  of the student has
 authority to obtain the release of said minor unless the school district
 has been provided with a certified copy of the legally  binding  instru-
 ment, such as the court order or decree of divorce, separation or custo-
 dy  which  provides  evidence to the contrary, OR AN ORDER OF PROTECTION
 PURSUANT TO SECTION EIGHT HUNDRED FORTY-TWO OF THE FAMILY COURT  ACT  OR
 SUBDIVISIONS  SIX  AND EIGHT OF SECTION 530.12 OF THE CRIMINAL PROCEDURE
 LAW. No situation shall be deemed an emergency until the facts  of  such
 A. 64                               4
 
 situation have been verified by such principal or [his] SUCH PRINCIPAL'S
 designee.  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 paragraph. The foregoing procedure shall not apply to
 release of a minor pursuant to the protective custody provisions of  the
 social services law and the family court act.
   §  5.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.