Senate Bill S10402

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10402
 
                             I N  S E N A T E
 
                               May 15, 2026
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to establishing the crimes of
   grooming of a child in the first and second degree and predatory sexu-
   al misconduct toward a child enrolled  in  school  in  the  first  and
   second degree; to amend the education law, in relation to updating the
   code  of professional employee conduct for schools to include training
   on predatory misconduct and grooming; to  amend  the  social  services
   law,  in  relation to updating training for persons required to report
   cases of suspected child abuse  or  maltreatment;  and  to  amend  the
   correction law, in relation to classifying the crimes of grooming of a
   child  in  the  first degree and predatory sexual misconduct towards a
   child in the first degree as a sex offense for  purposes  of  the  sex
   offender registry
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "New York state child anti-grooming act".
   §  2.  The  penal  law  is amended by adding four new sections 260.36,
 260.37, 260.38 and 260.39 to read as follows:
 § 260.36 PREDATORY MISCONDUCT TOWARD A CHILD ENROLLED IN SCHOOL  IN  THE
             SECOND DEGREE.
   1.  A PERSON IS GUILTY OF PREDATORY MISCONDUCT TOWARD A CHILD ENROLLED
 IN SCHOOL IN THE SECOND DEGREE WHEN SUCH PERSON IS AN EMPLOYEE OR VOLUN-
 TEER OF A SCHOOL DISTRICT, CHARTER  SCHOOL,  OR  NONPUBLIC  SCHOOL  WITH
 DIRECT  CONTACT  WITH  A  CHILD  AND  COMMITS  ANY ACT IN AN EDUCATIONAL
 SETTING OR SCHOOL THAT IS DIRECTED TOWARD OR WITH SUCH CHILD AND THAT IS
 INTENDED TO ESTABLISH OR ADVANCE, OR  THAT  A  REASONABLE  PERSON  WOULD
 UNDERSTAND  AS  BEING  INTENDED  TO  ESTABLISH OR ADVANCE, A ROMANTIC OR
 SEXUAL RELATIONSHIP WITH SUCH CHILD, INCLUDING, BUT NOT LIMITED TO,  ANY
 VERBAL,  NONVERBAL,  WRITTEN,  OR  ELECTRONIC  COMMUNICATION OR PHYSICAL
 ACTIVITY.  SUCH AN ACT INCLUDES, BUT IS  NOT  LIMITED  TO,  ANY  OF  THE
 FOLLOWING:  A SEXUAL OR ROMANTIC INVITATION TO A CHILD; DATING OR SOLIC-
 ITING A DATE WITH A CHILD; ENGAGING IN SEXUALIZED OR  ROMANTIC  DIALOGUE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15357-03-6
 S. 10402                            2
 
 WITH  A  CHILD;  MAKING  SEXUALLY  SUGGESTIVE COMMENTS THAT ARE DIRECTED
 TOWARD OR WITH A CHILD; SELF-DISCLOSURE OR PHYSICAL EXPOSURE OF A  SEXU-
 AL, ROMANTIC, OR EROTIC NATURE TO A CHILD; OR A SEXUAL, INDECENT, ROMAN-
 TIC, OR EROTIC CONTACT WITH A CHILD.
   2.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT AN EMPLOYEE
 OR VOLUNTEER WHO IS A TEACHER, SCHOOL NURSE, SCHOOL GUIDANCE  COUNSELOR,
 SCHOOL  PSYCHOLOGIST,  SCHOOL  SOCIAL  WORKER,  SCHOOL ADMINISTRATOR, OR
 OTHER SCHOOL PERSONNEL REQUIRED TO HOLD  A  TEACHING  OR  ADMINISTRATIVE
 LICENSE  OR  CERTIFICATE  WHOSE PROFESSIONAL DUTIES INCLUDE INSTRUCTION,
 COUNSELING OR OTHER EDUCATIONAL, HEALTH OR MENTAL HEALTH SERVICES  FROM,
 IN  THE  NORMAL COURSE OF THEIR DUTIES AND IN ACCORDANCE WITH APPLICABLE
 PROFESSIONAL STANDARDS AND STATE LEARNING STANDARDS, ENGAGING IN CONDUCT
 OR DISCUSSIONS THAT ARE REASONABLY NECESSARY TO SUPPORT  AND  FACILITATE
 STUDENT  LEARNING AND DEVELOPMENT, INCLUDING BUT NOT LIMITED TO, AGE-AP-
 PROPRIATE INSTRUCTION ON HUMAN DEVELOPMENT, HEALTH, SEXUALITY,  CONSENT,
 AND  HEALTHY  RESPECTFUL  RELATIONSHIPS,  OR TO PROVIDE VALID MEDICAL OR
 MENTAL HEALTH CARE SERVICES TO A CHILD.
   3. IT IS AN AFFIRMATIVE DEFENSE THAT AT THE TIME OF  THE  OFFENSE  (A)
 THE  DEFENDANT  AND  CHILD  ARE  BOTH  ENROLLED  IN THE SAME EDUCATIONAL
 SETTING OR SCHOOL AND THAT SUCH CHILD IS AT LEAST SEVENTEEN YEARS OF AGE
 AND SUCH DEFENDANT IS LESS THAN FIVE YEARS OLDER THAN  SUCH  CHILD;  (B)
 THE  DEFENDANT  IS ENROLLED IN ANOTHER EDUCATIONAL SETTING OR SCHOOL AND
 THE CHILD IS AT LEAST SEVENTEEN YEARS OF AGE AND SUCH DEFENDANT IS  LESS
 THAN  FIVE  YEARS  OLDER  THAN  SUCH CHILD; OR (C) THE DEFENDANT AND THE
 CHILD ARE MARRIED AS SUCH TERM IS DEFINED  BY  SECTION  130.00  OF  THIS
 CHAPTER.
   4.  FOR  THE  PURPOSES OF THIS SECTION, THE TERMS "CHILD", "EMPLOYEE",
 "VOLUNTEER", "EDUCATIONAL SETTING" AND  "SCHOOL"  SHALL  HAVE  THE  SAME
 MEANING  AS SUCH TERMS ARE DEFINED BY SECTION ELEVEN HUNDRED TWENTY-FIVE
 OF THE EDUCATION LAW.
   PREDATORY MISCONDUCT TOWARD A CHILD ENROLLED IN SCHOOL IN  THE  SECOND
 DEGREE IS A CLASS A MISDEMEANOR.
 § 260.37 PREDATORY  MISCONDUCT  TOWARD A CHILD ENROLLED IN SCHOOL IN THE
            FIRST DEGREE.
   1. A PERSON IS GUILTY OF PREDATORY MISCONDUCT TOWARD A CHILD  ENROLLED
 IN SCHOOL IN THE FIRST DEGREE WHEN:
   (A)  SUCH  PERSON  IS  AN  EMPLOYEE OR VOLUNTEER OF A SCHOOL DISTRICT,
 CHARTER SCHOOL, OR NONPUBLIC SCHOOL WHO COMMITS ANY  ACT  IN  AN  EDUCA-
 TIONAL  SETTING  OR  SCHOOL  THAT IS DIRECTED TOWARD OR WITH A CHILD AND
 THAT IS INTENDED TO ESTABLISH OR ADVANCE, OR THAT  A  REASONABLE  PERSON
 WOULD  UNDERSTAND  AS BEING INTENDED TO ESTABLISH OR ADVANCE, A ROMANTIC
 OR SEXUAL RELATIONSHIP WITH SUCH CHILD, INCLUDING, BUT NOT  LIMITED  TO,
 ANY  VERBAL, NONVERBAL, WRITTEN, OR ELECTRONIC COMMUNICATION OR PHYSICAL
 ACTIVITY. SUCH AN ACT INCLUDES, BUT  IS  NOT  LIMITED  TO,  ANY  OF  THE
 FOLLOWING:  A SEXUAL OR ROMANTIC INVITATION TO A CHILD; DATING OR SOLIC-
 ITING A DATE WITH A CHILD; ENGAGING IN SEXUALIZED OR  ROMANTIC  DIALOGUE
 WITH  A  CHILD;  MAKING  SEXUALLY  SUGGESTIVE COMMENTS THAT ARE DIRECTED
 TOWARD OR WITH A CHILD; SELF-DISCLOSURE OR PHYSICAL EXPOSURE OF A  SEXU-
 AL, ROMANTIC, OR EROTIC NATURE TO A CHILD; OR A SEXUAL, INDECENT, ROMAN-
 TIC, OR EROTIC CONTACT WITH A CHILD; AND
   (B)  SUCH  PERSON  HAS PREVIOUSLY BEEN CONVICTED OF A CRIME DEFINED IN
 ARTICLE ONE HUNDRED THIRTY OF THIS CHAPTER OR SECTION 260.36, 260.38  OR
 260.39 OF THIS ARTICLE.
   2.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT AN EMPLOYEE
 OR VOLUNTEER WHO IS A TEACHER, SCHOOL NURSE, SCHOOL GUIDANCE  COUNSELOR,
 SCHOOL  PSYCHOLOGIST,  SCHOOL  SOCIAL  WORKER,  SCHOOL ADMINISTRATOR, OR
 S. 10402                            3
 
 OTHER SCHOOL PERSONNEL REQUIRED TO HOLD  A  TEACHING  OR  ADMINISTRATIVE
 LICENSE  OR  CERTIFICATE  WHOSE PROFESSIONAL DUTIES INCLUDE INSTRUCTION,
 COUNSELING OR OTHER EDUCATIONAL, HEALTH OR MENTAL HEALTH SERVICES  FROM,
 IN  THE  NORMAL COURSE OF THEIR DUTIES AND IN ACCORDANCE WITH APPLICABLE
 PROFESSIONAL STANDARDS AND STATE LEARNING STANDARDS, ENGAGING IN CONDUCT
 OR DISCUSSIONS THAT ARE REASONABLY NECESSARY TO SUPPORT  AND  FACILITATE
 STUDENT  LEARNING AND DEVELOPMENT, INCLUDING BUT NOT LIMITED TO, AGE-AP-
 PROPRIATE INSTRUCTION ON HUMAN DEVELOPMENT, HEALTH, SEXUALITY,  CONSENT,
 AND  HEALTHY  RESPECTFUL  RELATIONSHIPS,  OR TO PROVIDE VALID MEDICAL OR
 MENTAL HEALTH CARE SERVICES TO A CHILD.
   3. IT IS AN AFFIRMATIVE DEFENSE THAT AT THE TIME OF  THE  OFFENSE  (A)
 THE  DEFENDANT  AND  CHILD  ARE  BOTH  ENROLLED  IN THE SAME EDUCATIONAL
 SETTING OR SCHOOL AND SUCH CHILD IS AT LEAST SEVENTEEN YEARS OF AGE  AND
 SUCH  DEFENDANT  IS  LESS THAN FIVE YEARS OLDER THAN SUCH CHILD; (B) THE
 DEFENDANT IS ENROLLED IN ANOTHER EDUCATIONAL SETTING OR SCHOOL  AND  THE
 CHILD IS AT LEAST SEVENTEEN YEARS OF AGE AND SUCH DEFENDANT IS LESS THAN
 FIVE YEARS OLDER THAN SUCH CHILD; OR (C) THE DEFENDANT AND THE CHILD ARE
 MARRIED AS SUCH TERM IS DEFINED BY SECTION 130.00 OF THIS CHAPTER.
   4.  FOR  THE  PURPOSES OF THIS SECTION, THE TERMS "CHILD", "EMPLOYEE",
 "VOLUNTEER", "EDUCATIONAL SETTING" AND  "SCHOOL"  SHALL  HAVE  THE  SAME
 MEANING  AS SUCH TERMS ARE DEFINED BY SECTION ELEVEN HUNDRED TWENTY-FIVE
 OF THE EDUCATION LAW.
   PREDATORY MISCONDUCT TOWARD A CHILD ENROLLED IN SCHOOL  IN  THE  FIRST
 DEGREE  IS  A CLASS E FELONY AND REQUIRES REGISTRATION AS A SEX OFFENDER
 PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW.
 § 260.38 GROOMING OF A CHILD IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF GROOMING OF A CHILD IN THE  SECOND  DEGREE  WHEN
 SUCH  PERSON KNOWINGLY USES A COMPUTER ONLINE SERVICE, INTERNET SERVICE,
 LOCAL BULLETIN BOARD SERVICE OR ANY OTHER DEVICE CAPABLE  OF  ELECTRONIC
 DATA  STORAGE  OR  TRANSMISSION, PERFORMS AN ACT IN PERSON OR BY CONDUCT
 THROUGH A THIRD PARTY, OR USES WRITTEN OR GRAPHIC IMAGERY  COMMUNICATION
 TO  SEDUCE,  SOLICIT,  LURE,  OR  ENTICE, OR ATTEMPT TO SEDUCE, SOLICIT,
 LURE, OR ENTICE, A CHILD, A CHILD'S GUARDIAN, OR ANOTHER PERSON BELIEVED
 BY SUCH PERSON TO BE A CHILD OR CHILD'S  GUARDIAN,  TO  COMMIT  ANY  SEX
 OFFENSE   AS  DEFINED  BY  SECTION  ONE  HUNDRED  SIXTY-EIGHT-A  OF  THE
 CORRECTION LAW, TO DISTRIBUTE PHOTOGRAPHS DEPICTING THE  SEX  ORGANS  OF
 SUCH CHILD, OR TO OTHERWISE ENGAGE IN ANY UNLAWFUL SEXUAL CONDUCT WITH A
 CHILD OR WITH ANOTHER PERSON BELIEVED BY SUCH PERSON TO BE A CHILD.
   GROOMING OF A CHILD IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
 § 260.39 GROOMING OF A CHILD IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF GROOMING OF A CHILD IN THE FIRST DEGREE WHEN:
   1.  SUCH  PERSON  KNOWINGLY  USES  A COMPUTER ONLINE SERVICE, INTERNET
 SERVICE, LOCAL BULLETIN BOARD SERVICE, OR ANY OTHER  DEVICE  CAPABLE  OF
 ELECTRONIC DATA STORAGE OR TRANSMISSION, PERFORMS AN ACT IN PERSON OR BY
 CONDUCT THROUGH A THIRD PARTY, OR USES WRITTEN OR GRAPHIC IMAGERY COMMU-
 NICATION  TO  SEDUCE,  SOLICIT,  LURE,  OR ENTICE, OR ATTEMPT TO SEDUCE,
 SOLICIT, LURE, OR ENTICE, A CHILD, A CHILD'S GUARDIAN, OR ANOTHER PERSON
 BELIEVED BY SUCH PERSON TO BE A CHILD OR CHILD'S GUARDIAN, TO COMMIT ANY
 SEX OFFENSE AS DEFINED BY  SECTION  ONE  HUNDRED  SIXTY-EIGHT-A  OF  THE
 CORRECTION  LAW,  TO  DISTRIBUTE PHOTOGRAPHS DEPICTING THE SEX ORGANS OF
 SUCH CHILD, OR TO OTHERWISE ENGAGE IN ANY UNLAWFUL SEXUAL CONDUCT WITH A
 CHILD OR WITH ANOTHER PERSON BELIEVED BY SUCH PERSON TO BE A CHILD; AND
   2. SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED OF  A  CRIME  DEFINED  IN
 ARTICLE  ONE HUNDRED THIRTY OF THIS CHAPTER OR SECTION 260.36, 260.37 OR
 260.39 OF THIS ARTICLE.
 S. 10402                            4
 
   GROOMING OF A CHILD IN THE FIRST  DEGREE  IS  A  CLASS  E  FELONY  AND
 REQUIRES REGISTRATION AS A SEX OFFENDER PURSUANT TO ARTICLE SIX-C OF THE
 CORRECTION LAW.
   §  3. Paragraphs (j) and (k) of subdivision 3 of section 130.05 of the
 penal law, paragraph (j) as added by section 1 of part JJ of chapter  55
 of  the  laws  of  2018 and paragraph (k) as added by chapter 503 of the
 laws of 2024, are amended and a new paragraph (l) is added  to  read  as
 follows:
   (j)  detained  or  otherwise in the custody of a police officer, peace
 officer, or other law enforcement official and the  actor  is  a  police
 officer, peace officer or other law enforcement official who either: (i)
 is  detaining  or  maintaining custody of such person; or (ii) knows, or
 reasonably should know, that at the time of the offense, such person was
 detained or in custody[.]; OR
   (k) under the supervision of a local probation department, pursuant to
 section two hundred seventy-two of the correction law, or another  local
 department  or agency which fulfills a similar function and the actor is
 an employee who knows or reasonably should  know  that  such  person  is
 committed  to  the  supervision  of  a  local  probation department. For
 purposes of this paragraph, "employee" means an employee of  such  local
 probation  department  or  agency  who,  as  part  of  [his or her] SUCH
 PERSON'S employment, supervises the victim at the time of the offense or
 has supervised the victim and the victim is still under supervision of a
 local probation department or agency at the time of the offense[.]; OR
   (L) A CHILD IN AN EDUCATIONAL SETTING OR SCHOOL AND THE ACTOR IS EIGH-
 TEEN YEARS OF AGE OR OLDER AND AN EMPLOYEE OR VOLUNTEER AT  SUCH  EDUCA-
 TIONAL  SETTING OR SCHOOL WHERE SUCH CHILD IS ENROLLED. FOR THE PURPOSES
 OF THIS PARAGRAPH, THE TERMS "CHILD", "EMPLOYEE",  "VOLUNTEER",  "EDUCA-
 TIONAL  SETTING"  AND "SCHOOL" SHALL HAVE THE SAME MEANING AS SUCH TERMS
 ARE DEFINED BY SECTION ELEVEN HUNDRED TWENTY-FIVE OF THE EDUCATION LAW.
   § 4. Section 130.10 of the penal law is amended by adding a new subdi-
 vision 5 to read as follows:
   5. IN ANY PROSECUTION UNDER PARAGRAPH  (L)  OF  SUBDIVISION  THREE  OF
 SECTION  130.05 OF THIS ARTICLE, IT SHALL BE AN AFFIRMATIVE DEFENSE THAT
 AT THE TIME OF THE OFFENSE (A) THE ACTOR AND CHILD ARE BOTH ENROLLED  IN
 THE  SAME  EDUCATIONAL SETTING OR SCHOOL AND THAT SUCH CHILD IS AT LEAST
 SEVENTEEN YEARS OF AGE AND SUCH ACTOR IS LESS THAN FIVE YEARS OLDER THAN
 SUCH CHILD; (B) THE ACTOR IS ENROLLED IN ANOTHER EDUCATIONAL SETTING  OR
 SCHOOL  AND  THE CHILD IS AT LEAST SEVENTEEN YEARS OF AGE AND SUCH ACTOR
 IS LESS THAN FIVE YEARS OLDER THAN SUCH CHILD; OR (C) THE ACTOR AND  THE
 CHILD  ARE  MARRIED  AS  SUCH  TERM IS DEFINED BY SECTION 130.00 OF THIS
 ARTICLE. FOR THE  PURPOSES  OF  THIS  SUBDIVISION,  THE  TERMS  "CHILD",
 "EDUCATIONAL  SETTING"  AND "SCHOOL" SHALL HAVE THE SAME MEANING AS SUCH
 TERMS ARE DEFINED BY SECTION ELEVEN HUNDRED TWENTY-FIVE OF THE EDUCATION
 LAW.
   § 5. Subdivision 1 of section 1125 of the education law, as amended by
 chapter 551 of the laws of 2023, is amended and a new subdivision 11  is
 added to read as follows:
   1.  "Child abuse" shall mean any of the following acts committed in an
 educational setting by an employee or volunteer  against  a  child:  (a)
 intentionally or recklessly inflicting physical injury, serious physical
 injury  or death, or (b) intentionally or recklessly engaging in conduct
 which creates a substantial risk of such physical injury, serious  phys-
 ical  injury  or death, or (c) any child sexual abuse as defined in this
 section, or (d) the commission or attempted commission against  a  child
 of  the  crime of disseminating indecent materials to minors pursuant to
 S. 10402                            5
 
 article two hundred thirty-five of the penal law, or (e) using  corporal
 punishment  as  defined  by  the  commissioner OR, (F) THE COMMISSION OR
 ATTEMPTED COMMISSION OF THE CRIME OF GROOMING  AS  DEFINED  IN  SECTIONS
 260.38  AND  260.39 OF THE PENAL LAW, OR (G) THE COMMISSION OR ATTEMPTED
 COMMISSION OF THE CRIME OF PREDATORY MISCONDUCT TOWARD A CHILD  ENROLLED
 IN SCHOOL PURSUANT TO SECTIONS 260.36 AND 260.37 OF THE PENAL LAW.
   11.  "PREDATORY  MISCONDUCT"  SHALL  MEAN  ANY ACT, INCLUDING, BUT NOT
 LIMITED TO, ANY VERBAL, NONVERBAL, WRITTEN, OR ELECTRONIC  COMMUNICATION
 OR  PHYSICAL  ACTIVITY,  BY  AN  EMPLOYEE  OR  VOLUNTEER  OF  THE SCHOOL
 DISTRICT, CHARTER SCHOOL, OR NON-PUBLIC SCHOOL WHO COMMITS ANY ACT IN AN
 EDUCATIONAL OR SCHOOL SETTING THAT IS DIRECTED TOWARD OR  WITH  A  CHILD
 AND  IS  INTENDED TO ESTABLISH OR ADVANCE WHAT A REASONABLE PERSON WOULD
 UNDERSTAND AS BEING INTENDED TO ESTABLISH OR ADVANCE A ROMANTIC OR SEXU-
 AL RELATIONSHIP WITH THE CHILD. SUCH AN ACT INCLUDES, BUT IS NOT LIMITED
 TO, ANY OF THE FOLLOWING: A SEXUAL OR  ROMANTIC  INVITATION;  DATING  OR
 SOLICITING  A  DATE; ENGAGING IN SEXUALIZED OR ROMANTIC DIALOGUE; MAKING
 SEXUALLY SUGGESTIVE COMMENTS THAT ARE DIRECTED TOWARD OR WITH  A  CHILD;
 SELF-DISCLOSURE  OF  A  SEXUAL,  ROMANTIC, OR EROTIC NATURE; OR PHYSICAL
 EXPOSURE OF A SEXUAL, ROMANTIC, OR EROTIC NATURE; OR A SEXUAL, INDECENT,
 ROMANTIC, OR EROTIC CONTACT WITH THE CHILD. NOTHING IN THIS  SUBDIVISION
 SHALL  BE CONSTRUED TO PROHIBIT AN EMPLOYEE OR VOLUNTEER WHO IS A TEACH-
 ER, SCHOOL NURSE, SCHOOL GUIDANCE COUNSELOR, SCHOOL PSYCHOLOGIST, SCHOOL
 SOCIAL WORKER, SCHOOL ADMINISTRATOR, OR OTHER SCHOOL PERSONNEL  REQUIRED
 TO  HOLD  A  TEACHING  OR  ADMINISTRATIVE  LICENSE  OR CERTIFICATE WHOSE
 PROFESSIONAL DUTIES INCLUDE  INSTRUCTION,  COUNSELING  OR  OTHER  EDUCA-
 TIONAL,  HEALTH  OR MENTAL HEALTH SERVICES FROM, IN THE NORMAL COURSE OF
 THEIR DUTIES AND IN ACCORDANCE WITH  APPLICABLE  PROFESSIONAL  STANDARDS
 AND  STATE  LEARNING  STANDARDS, ENGAGING IN CONDUCT OR DISCUSSIONS THAT
 ARE REASONABLY NECESSARY TO SUPPORT AND FACILITATE STUDENT LEARNING  AND
 DEVELOPMENT, INCLUDING AGE-APPROPRIATE INSTRUCTION ON HUMAN DEVELOPMENT,
 HEALTH,  SEXUALITY, CONSENT, AND HEALTHY RESPECTFUL RELATIONSHIPS, OR TO
 PROVIDE VALID MEDICAL OR MENTAL HEALTH CARE SERVICES TO THE CHILD.
   § 6. The education law is amended by adding two  new  sections  2801-c
 and 2801-d to read as follows:
   §  2801-C.  CODE  OF PROFESSIONAL EMPLOYEE CONDUCT. 1. A. THE BOARD OF
 EDUCATION OR THE TRUSTEES, AS DEFINED IN SECTION TWO OF THIS CHAPTER, OF
 EVERY SCHOOL DISTRICT WITHIN THE STATE, HOWEVER CREATED, AND EVERY BOARD
 OF COOPERATIVE EDUCATIONAL  SERVICES  AND  COUNTY  VOCATIONAL  EXTENSION
 BOARD, CHARTER SCHOOL, SHALL ADOPT AND AMEND, AS APPROPRIATE, AN EMPLOY-
 EE CODE OF PROFESSIONAL CONDUCT FOR EMPLOYEES, AS DEFINED IN SUBDIVISION
 THREE  OF  SECTION  ELEVEN  HUNDRED  TWENTY-FIVE  OF  THIS CHAPTER, THAT
 ADDRESSES ALL OF THE FOLLOWING:
   (I) INCORPORATES THE DEFINITION OF "PREDATORY MISCONDUCT"  AS  DEFINED
 IN SECTION ELEVEN HUNDRED TWENTY-FIVE OF THIS CHAPTER.
   (II) IDENTIFIES THE EXPECTATIONS FOR EMPLOYEES OF THE SCHOOL DISTRICT,
 CHARTER SCHOOL, OR NON-PUBLIC SCHOOL REGARDING HOW TO MAINTAIN A PROFES-
 SIONAL RELATIONSHIP WITH STUDENTS, INCLUDING THE EXPECTATIONS FOR STAFF-
 STUDENT  BOUNDARIES,  RECOGNIZING THE AGE AND DEVELOPMENTAL LEVEL OF THE
 STUDENTS SERVED, AND ESTABLISHES GUIDELINES FOR  ALL  OF  THE  FOLLOWING
 SITUATIONS:
   (A) TRANSPORTING A STUDENT;
   (B) TAKING OR POSSESSING A PHOTO OR A VIDEO OF A STUDENT; AND
   (C)  MEETING  WITH  A  STUDENT  OR CONTACTING A STUDENT OUTSIDE OF THE
 EMPLOYEE'S PROFESSIONAL ROLE.
   (III) REFERENCES THE EMPLOYEE REPORTING REQUIREMENTS REQUIRED PURSUANT
 TO ARTICLE SIX OF THE SOCIAL SERVICES LAW, INCLUDING BUT NOT LIMITED  TO
 S. 10402                            6
 
 SECTIONS FOUR HUNDRED THIRTEEN THROUGH FOUR HUNDRED TWENTY OF THE SOCIAL
 SERVICES  LAW,  THE  ABUSED  AND NEGLECTED CHILD REPORTING ACT AND UNDER
 TITLE IX OF THE FEDERAL EDUCATION AMENDMENTS OF 1972.
   (IV)  REFERENCES  REQUIRED  EMPLOYEE TRAINING THAT IS RELATED TO CHILD
 ABUSE AND EDUCATOR ETHICS THAT ARE APPLICABLE UNDER  STATE  AND  FEDERAL
 LAW.
   B.  THE  BOARD OF EDUCATION OR THE TRUSTEES, AS DEFINED IN SECTION TWO
 OF THIS CHAPTER, OF EVERY SCHOOL  DISTRICT  WITHIN  THE  STATE,  HOWEVER
 CREATED,  AND EVERY BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND COUNTY
 VOCATIONAL EXTENSION BOARD, CHARTER SCHOOL, SHALL  DEVELOP  TRAINING  ON
 THE  PROVISIONS OF THIS SUBDIVISION AND PROVIDE SUCH TRAINING TO EMPLOY-
 EES.
   C. THE EMPLOYEE CODE OF PROFESSIONAL CONDUCT POLICY SHALL BE POSTED ON
 THE WEBSITE, IF ANY, OF EACH SCHOOL DISTRICT, CHARTER  SCHOOL,  OR  NON-
 PUBLIC  SCHOOL  AND  MUST  BE  INCLUDED IN ANY STAFF, STUDENT, OR PARENT
 HANDBOOK PROVIDED BY THE SCHOOL DISTRICT, OR CHARTER SCHOOL.
   D. A VIOLATION OF THE EMPLOYEE CODE OF PROFESSIONAL CONDUCT POLICY MAY
 SUBJECT AN EMPLOYEE TO DISCIPLINARY ACTION UP TO AND INCLUDING DISMISSAL
 FROM EMPLOYMENT. FAILURE TO REPORT A VIOLATION OF THE EMPLOYEE  CODE  OF
 PROFESSIONAL  CONDUCT  POLICY  MAY  SUBJECT  AN EMPLOYEE TO DISCIPLINARY
 ACTION UP TO AND INCLUDING DISMISSAL FROM EMPLOYMENT.
   2. SUCH BOARD OF EDUCATION OR THE TRUSTEES, AS DEFINED IN SECTION  TWO
 OF  THIS  CHAPTER,  OF  EVERY  SCHOOL DISTRICT WITHIN THE STATE, HOWEVER
 CREATED, AND EVERY BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND  COUNTY
 VOCATIONAL  EXTENSION  BOARD, CHARTER SCHOOL MAY ADOPT A SIMILAR CODE OF
 CONDUCT FOR VOLUNTEERS, AS DEFINED IN SUBDIVISION FOUR OF SECTION ELEVEN
 HUNDRED TWENTY-FIVE OF THIS CHAPTER; PROVIDED, HOWEVER, IF SUCH BOARD OF
 EDUCATION OR THE TRUSTEES, AS DEFINED IN SECTION TWO OF THIS CHAPTER, OF
 EVERY SCHOOL DISTRICT WITHIN THE STATE, HOWEVER CREATED, AND EVERY BOARD
 OF COOPERATIVE EDUCATIONAL  SERVICES  AND  COUNTY  VOCATIONAL  EXTENSION
 BOARD,  CHARTER  SCHOOL  HAS A CODE OF CONDUCT OR SIMILAR POLICY THAT IS
 APPLICABLE TO VOLUNTEERS, SUCH CODES OF CONDUCT  OR  POLICIES  SHALL  BE
 AMENDED  TO INCLUDE THE PROVISIONS OF SUBPARAGRAPH (I) AND (II) OF PARA-
 GRAPH A OF SUBDIVISION ONE OF THIS SECTION.
   § 2801-D.  CODE  OF  PROFESSIONAL  EMPLOYEE  CONDUCT;  NON-PUBLIC  AND
 PRIVATE  SCHOOLS.  1.  A.  FOR  THE PURPOSES OF THIS SECTION, "EMPLOYEE"
 SHALL MEAN ANY EMPLOYEE OF A NON-PUBLIC OR PRIVATE ELEMENTARY OR SECOND-
 ARY SCHOOL WHICH ELECTS TO ADOPT OR AMEND AN EMPLOYEE  CODE  OF  PROFES-
 SIONAL  CONDUCT  PURSUANT  TO  THIS SECTION, OR EMPLOYEE OF A CONTRACTED
 SERVICE PROVIDER OR WORKER PLACED WITHIN  SUCH  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 SCHOOL, ITS STUDENTS OR
 EMPLOYEES, DIRECTLY OR THROUGH CONTRACT, WHEREBY SUCH SERVICES PERFORMED
 BY SUCH PERSON INVOLVE DIRECT STUDENT CONTACT.
   B. FOR THE PURPOSES  OF  THIS  SECTION,  "VOLUNTEER"  SHALL  MEAN  ANY
 PERSON,  OTHER  THAN  AN  EMPLOYEE,  WHO  HAS DIRECT STUDENT CONTACT AND
 PROVIDES SERVICES TO A NON-PUBLIC OR  PRIVATE  ELEMENTARY  OR  SECONDARY
 SCHOOL  WHICH  ELECTS TO ADOPT OR AMEND AN EMPLOYEE CODE OF PROFESSIONAL
 CONDUCT PURSUANT TO THIS SECTION.
   2. A. ANY NON-PUBLIC OR PRIVATE  ELEMENTARY  OR  SECONDARY  SCHOOL  IS
 AUTHORIZED  TO  ADOPT  AND  AMEND,  AS  APPROPRIATE, AN EMPLOYEE CODE OF
 PROFESSIONAL CONDUCT FOR EMPLOYEES, AS DEFINED IN SUBDIVISION  THREE  OF
 SECTION  ELEVEN  HUNDRED TWENTY-FIVE OF THIS CHAPTER, THAT ADDRESSES ALL
 OF THE FOLLOWING:
 S. 10402                            7
 
   (I) INCORPORATES THE DEFINITION OF "PREDATORY MISCONDUCT"  AS  DEFINED
 IN SECTION ELEVEN HUNDRED TWENTY-FIVE OF THIS CHAPTER.
   (II) IDENTIFIES THE EXPECTATIONS FOR EMPLOYEES OF THE SCHOOL DISTRICT,
 CHARTER SCHOOL, OR NON-PUBLIC SCHOOL REGARDING HOW TO MAINTAIN A PROFES-
 SIONAL RELATIONSHIP WITH STUDENTS, INCLUDING THE EXPECTATIONS FOR STAFF-
 STUDENT  BOUNDARIES,  RECOGNIZING THE AGE AND DEVELOPMENTAL LEVEL OF THE
 STUDENTS SERVED, AND ESTABLISHES GUIDELINES FOR  ALL  OF  THE  FOLLOWING
 SITUATIONS:
   (A) TRANSPORTING A STUDENT;
   (B) TAKING OR POSSESSING A PHOTO OR A VIDEO OF A STUDENT; AND
   (C)  MEETING  WITH  A  STUDENT  OR CONTACTING A STUDENT OUTSIDE OF THE
 EMPLOYEE'S PROFESSIONAL ROLE.
   (III) REFERENCES THE EMPLOYEE REPORTING REQUIREMENTS REQUIRED PURSUANT
 TO ARTICLE SIX OF THE SOCIAL SERVICES LAW, INCLUDING BUT NOT LIMITED  TO
 SECTIONS FOUR HUNDRED THIRTEEN THROUGH FOUR HUNDRED TWENTY OF THE SOCIAL
 SERVICES  LAW,  THE  ABUSED  AND NEGLECTED CHILD REPORTING ACT AND UNDER
 TITLE IX OF THE FEDERAL EDUCATION AMENDMENTS OF 1972.
   (IV) REFERENCES REQUIRED EMPLOYEE TRAINING THAT IS  RELATED  TO  CHILD
 ABUSE  AND  EDUCATOR  ETHICS THAT ARE APPLICABLE UNDER STATE AND FEDERAL
 LAW.
   (B) NON-PUBLIC AND PRIVATE  SCHOOLS  ARE  AUTHORIZED  TO  DEVELOP  AND
 PROVIDE TRAINING ON THE PROVISIONS OF THIS SUBDIVISION TO EMPLOYEES.
   (C)  THE  EMPLOYEE CODE OF PROFESSIONAL CONDUCT POLICY SHALL BE POSTED
 ON THE WEBSITE, IF ANY, OF EACH SUCH SCHOOL.
   (D) A VIOLATION OF THE EMPLOYEE CODE OF  PROFESSIONAL  CONDUCT  POLICY
 MAY  SUBJECT  AN  EMPLOYEE  TO  DISCIPLINARY  ACTION UP TO AND INCLUDING
 DISMISSAL FROM EMPLOYMENT. FAILURE TO REPORT A VIOLATION OF THE EMPLOYEE
 CODE OF PROFESSIONAL CONDUCT POLICY MAY SUBJECT AN EMPLOYEE TO DISCIPLI-
 NARY ACTION UP TO AND INCLUDING DISMISSAL FROM EMPLOYMENT.
   3. ANY NON-PUBLIC OR PRIVATE ELEMENTARY OR SECONDARY SCHOOL MAY  ADOPT
 A SIMILAR CODE OF CONDUCT FOR VOLUNTEERS, AS DEFINED IN THIS SECTION. IF
 SUCH  SCHOOL  ELECTS  TO ADOPT OR AMEND AN EMPLOYEE PROFESSIONAL CODE OF
 CONDUCT THAT IS APPLICABLE TO EMPLOYEES PURSUANT TO SUBDIVISION  ONE  OF
 THIS SECTION, AND SUCH SCHOOL ELECTS TO ADOPT OR AMEND A CODE OF CONDUCT
 FOR  VOLUNTEERS,  SUCH  CODE  OF CONDUCT SHALL INCLUDE THE PROVISIONS OF
 SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH A OF  SUBDIVISION  TWO  OF  THIS
 SECTION.
   § 7. Section 413 of the social services law is amended by adding a new
 subdivision 7 to read as follows:
   7.  THE  OFFICE  OF CHILDREN AND FAMILY SERVICES SHALL UPDATE TRAINING
 ISSUED TO PERSONS AND OFFICIALS REQUIRED TO REPORT  CASES  OF  SUSPECTED
 CHILD ABUSE OR MALTREATMENT TO INCLUDE GUIDANCE ON IDENTIFYING AN ABUSED
 OR  MALTREATED  CHILD  WHO  IS  BEING  SUBJECT TO GROOMING AS DEFINED IN
 SECTIONS 260.38 AND 260.39 OF THE PENAL  LAW.  SUCH  GUIDANCE  SHALL  BE
 DEVELOPED  IN  CONSULTATION  WITH THE STATE EDUCATION DEPARTMENT. PEOPLE
 AND OFFICIALS REQUIRED TO REPORT  CASES  OF  SUSPECTED  CHILD  ABUSE  OR
 MALTREATMENT SHALL HAVE TWO YEARS FROM THE EFFECTIVE DATE OF THIS SUBDI-
 VISION TO RECEIVE SUCH UPDATED MANDATED REPORTER TRAINING.
   §  8.  Paragraph  (b)  of  subdivision  2 of section 412 of the social
 services law, as amended by section 2-a of part D of chapter 501 of  the
 laws  of  2012,  is  amended and a new paragraph (c) is added to read as
 follows:
   (b) who has had serious physical injury inflicted upon  [him  or  her]
 SUCH CHILD by other than accidental means; OR
   (C) AGAINST WHOM AN OFFENSE DEFINED IN SECTION 260.36, 260.37, 260.38,
 OR  260.39 OF THE PENAL LAW HAS BEEN COMMITTED, PROVIDED THAT THIS SHALL
 S. 10402                            8
 
 NOT BE CONSTRUED TO LIMIT OR SUPERSEDE THE AUTHORITY OF LAW  ENFORCEMENT
 TO  INVESTIGATE CRIMINAL OFFENSES. ALLEGATIONS INVOLVING CONDUCT DEFINED
 IN SECTION 260.36, 260.37, 260.38 OR 260.39 OF THE PENAL  LAW  SHALL  BE
 REFERRED  TO  APPROPRIATE  LAW  ENFORCEMENT  AUTHORITIES,  AND ANY CHILD
 PROTECTIVE INVESTIGATION SHALL NOT DELAY OR INTERFERE  WITH  A  CRIMINAL
 INVESTIGATION.
   §  9.  Subdivision 2 of section 168-a of the correction law is amended
 by adding a new paragraph (f) to read as follows:
   (F) A CONVICTION OF OR A CONVICTION FOR AN ATTEMPT TO  COMMIT  ANY  OF
 THE PROVISIONS OF SECTION 260.37 OR 260.39 OF THE PENAL LAW.
   §  10.  The education law is amended by adding and new section 1135 to
 read as follows:
   § 1135. EMPLOYMENT  HISTORY  AND  CHILD  SEXUAL  ABUSE.  1.  (A)  WHEN
 RESPONDING  TO  A  REQUEST  FOR  OR  PROVIDING  OR REQUESTING EMPLOYMENT
 RECORDS OF EMPLOYEES, PROSPECTIVE EMPLOYEES, OR APPLICANTS, OR VOLUNTEER
 SERVICE RECORDS FOR VOLUNTEERS, PROSPECTIVE VOLUNTEERS,  OR  APPLICANTS,
 THE  BOARD  OF  EDUCATION  OR THE TRUSTEES, AS DEFINED IN SECTION TWO OF
 THIS CHAPTER,  OF  EVERY  SCHOOL  DISTRICT  WITHIN  THE  STATE,  HOWEVER
 CREATED,  AND EVERY BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND COUNTY
 VOCATIONAL EXTENSION BOARD, AND CHARTER SCHOOL, SHALL  REQUEST,  PROVIDE
 OR RESPOND, AS APPLICABLE, TO SUCH WITH THE FOLLOWING INFORMATION:
   I.  THE  DATES  OF  EMPLOYMENT  OR  VOLUNTEER SERVICE OF THE EMPLOYEE,
 VOLUNTEER, OR PROSPECTIVE EMPLOYEE, PROSPECTIVE VOLUNTEER, OR APPLICANT;
   II. A NOTATION OR STATEMENT OF ANY AND EACH INCIDENCE WHEN THE EMPLOY-
 EE, VOLUNTEER, OR PROSPECTIVE EMPLOYEE, OR PROSPECTIVE VOLUNTEER:
   (A) HAS BEEN THE SUBJECT OF AN ALLEGATION OF CHILD  SEXUAL  ABUSE,  AS
 DEFINED  BY PARAGRAPH (C) OR PARAGRAPH (F) OF SUBDIVISION ONE OF SECTION
 ELEVEN HUNDRED TWENTY-FIVE  OF  THIS  ARTICLE  OR  SUBDIVISION  NINE  OF
 SECTION  ELEVEN  HUNDRED TWENTY-FIVE OF THIS ARTICLE AND SUCH ALLEGATION
 HAS BEEN REPORTED IN ACCORDANCE WITH SECTION ELEVEN  HUNDRED  TWENTY-SIX
 OR  ELEVEN  HUNDRED  TWENTY-EIGHT  OF THIS ARTICLE; WHETHER THERE WAS AN
 INVESTIGATION; WHETHER THE INVESTIGATION WAS COMPLETED, CLOSED OR  PEND-
 ING;  AND WHETHER THE INVESTIGATION RESULTED IN A FINDING THAT THE ALLE-
 GATION WAS FOUNDED, SUBSTANTIATED, INDICATED, FALSE, UNFOUNDED OR UNSUB-
 STANTIATED; OR
   (B) WAS DISCHARGED FROM, WAS ASKED TO RESIGN FROM, RESIGNED  FROM,  OR
 WAS  OTHERWISE  SEPARATED  FROM ANY EMPLOYMENT OR VOLUNTEER SERVICE, WAS
 DISCIPLINED BY THE EMPLOYER, OR HAD AN EMPLOYMENT CONTRACT  NOT  RENEWED
 DUE  TO AN ADJUDICATION OR FINDING OF CHILD ABUSE OR WHILE AN ALLEGATION
 OF CHILD ABUSE WAS PENDING OR UNDER INVESTIGATION, UNLESS  THE  INVESTI-
 GATION  RESULTED  IN A FINDING THAT THE ALLEGATION WAS FALSE, UNFOUNDED,
 OR UNSUBSTANTIATED; OR
   (C) HAS EVER HAD A LICENSE OR CERTIFICATE SUSPENDED,  SURRENDERED,  OR
 REVOKED DUE TO AN ADJUDICATION OR FINDING OF CHILD SEXUAL ABUSE OR WHILE
 AN ALLEGATION OF CHILD SEXUAL ABUSE AS DEFINED BY PARAGRAPH (C) OR PARA-
 GRAPH  (F)  OF  SUBDIVISION ONE OF SECTION ELEVEN HUNDRED TWENTY-FIVE OF
 THIS ARTICLE OR SUBDIVISION NINE OF SECTION ELEVEN  HUNDRED  TWENTY-FIVE
 OF THIS ARTICLE, WAS PENDING OR UNDER INVESTIGATION, UNLESS THE INVESTI-
 GATION  RESULTED  IN A FINDING THAT THE ALLEGATION WAS FALSE, UNFOUNDED,
 OR UNSUBSTANTIATED.
   (B) THE BOARD OF EDUCATION OR THE TRUSTEES, AS DEFINED IN SECTION  TWO
 OF  THIS  CHAPTER,  OF  EVERY  SCHOOL DISTRICT WITHIN THE STATE, HOWEVER
 CREATED, AND EVERY BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND  COUNTY
 VOCATIONAL  EXTENSION  BOARD,  AND CHARTER SCHOOL, SHALL MAINTAIN IN THE
 EMPLOYMENT RECORDS OF EMPLOYEES OR FOR VOLUNTEERS SUCH  SIMILAR  RECORDS
 S. 10402                            9
 
 THAT  CONTAIN  THE  INFORMATION  AS  IS  REQUIRED  TO  COMPLY  WITH  THE
 PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION.
   (C) PENALTIES FOR WILLFUL FAILURE OF AN EMPLOYEE, SCHOOL ADMINISTRATOR
 OR  SUPERINTENDENT  TO  COMPLY  WITH  THE PROVISIONS OF THIS SUBDIVISION
 SHALL BE THE SAME AS THE PENALTY  FOR  FAILURE  TO  COMPLY  PURSUANT  TO
 SECTION  ELEVEN  HUNDRED  TWENTY-NINE  OF  THIS ARTICLE INCLUDING, FOR A
 SCHOOL ADMINISTRATOR OR SUPERINTENDENT, A CIVIL PENALTY  NOT  TO  EXCEED
 FIVE  THOUSAND  DOLLARS  UPON  AN  ADMINISTRATIVE  DETERMINATION  BY THE
 COMMISSIONER.
   2. (A) WHEN RESPONDING TO A REQUEST FOR  OR  PROVIDING  OR  REQUESTING
 EMPLOYMENT  RECORDS  OF EMPLOYEES, PROSPECTIVE EMPLOYEES, OR APPLICANTS,
 OR VOLUNTEER SERVICE RECORDS FOR VOLUNTEERS, PROSPECTIVE VOLUNTEERS,  OR
 APPLICANTS,  ANY NON-PUBLIC OR PRIVATE ELEMENTARY OR SECONDARY SCHOOL IS
 AUTHORIZED TO REQUEST, PROVIDE OR RESPOND TO  SUCH  WITH  THE  FOLLOWING
 INFORMATION:
   I.  THE  DATES  OF  EMPLOYMENT  OR  VOLUNTEER SERVICE OF THE EMPLOYEE,
 VOLUNTEER, APPLICANT, PROSPECTIVE EMPLOYEE, OR PROSPECTIVE VOLUNTEER;
   II. A NOTATION OR STATEMENT OF ANY AND EACH INCIDENCE WHEN THE EMPLOY-
 EE, VOLUNTEER, APPLICANT, PROSPECTIVE EMPLOYEE,  OR  PROSPECTIVE  VOLUN-
 TEER;
   (A)  HAS  BEEN  THE SUBJECT OF AN ALLEGATION OF CHILD SEXUAL ABUSE, AS
 DEFINED BY PARAGRAPH (C) OR PARAGRAPH (F) OF SUBDIVISION ONE OF  SECTION
 ELEVEN  HUNDRED  TWENTY-FIVE  OF  THIS  ARTICLE  OR  SUBDIVISION NINE OF
 SECTION ELEVEN HUNDRED TWENTY-FIVE OF THIS ARTICLE AND  SUCH  ALLEGATION
 HAS  BEEN  REPORTED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TWENTY-SIX
 OR ELEVEN HUNDRED TWENTY-EIGHT OF THIS ARTICLE;  WHETHER  THERE  WAS  AN
 INVESTIGATION;  WHETHER THE INVESTIGATION WAS COMPLETED, CLOSED OR PEND-
 ING; AND WHETHER THE INVESTIGATION RESULTED IN A FINDING THAT THE  ALLE-
 GATION WAS FOUNDED, SUBSTANTIATED, INDICATED, FALSE, UNFOUNDED OR UNSUB-
 STANTIATED; OR
   (B)  WAS  DISCHARGED FROM, WAS ASKED TO RESIGN FROM, RESIGNED FROM, OR
 WAS OTHERWISE SEPARATED FROM ANY EMPLOYMENT OR  VOLUNTEER  SERVICE,  WAS
 DISCIPLINED  BY  THE EMPLOYER, OR HAD AN EMPLOYMENT CONTRACT NOT RENEWED
 DUE TO AN ADJUDICATION OR FINDING OF CHILD ABUSE OR WHILE AN  ALLEGATION
 OF  CHILD  ABUSE WAS PENDING OR UNDER INVESTIGATION, UNLESS THE INVESTI-
 GATION RESULTED IN A FINDING THAT THE ALLEGATION WAS  FALSE,  UNFOUNDED,
 OR UNSUBSTANTIATED; OR
   (C)  HAS  EVER HAD A LICENSE OR CERTIFICATE SUSPENDED, SURRENDERED, OR
 REVOKED DUE TO AN ADJUDICATION OR FINDING OF CHILD SEXUAL ABUSE OR WHILE
 AN ALLEGATION OF CHILD SEXUAL ABUSE AS DEFINED BY PARAGRAPH (C) OR PARA-
 GRAPH (F) OF SUBDIVISION ONE OF SECTION ELEVEN  HUNDRED  TWENTY-FIVE  OF
 THIS  ARTICLE  OR SUBDIVISION NINE OF SECTION ELEVEN HUNDRED TWENTY-FIVE
 OF THIS ARTICLE, WAS PENDING OR UNDER INVESTIGATION, UNLESS THE INVESTI-
 GATION RESULTED IN A FINDING THAT THE ALLEGATION WAS  FALSE,  UNFOUNDED,
 OR UNSUBSTANTIATED.
   (B)  ANY  NON-PUBLIC  OR  PRIVATE  ELEMENTARY  OR  SECONDARY SCHOOL IS
 AUTHORIZED TO MAINTAIN IN THE EMPLOYMENT RECORDS OF  EMPLOYEES,  OR  FOR
 VOLUNTEERS  SUCH  SIMILAR  RECORDS,  THAT  CONTAIN THE INFORMATION AS IS
 REQUIRED TO COMPLY WITH THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION.
   (C) WHEN ANY NON-PUBLIC OR  PRIVATE  ELEMENTARY  OR  SECONDARY  SCHOOL
 ELECTS  TO  MAINTAIN  RECORDS PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVI-
 SION, PENALTIES FOR WILLFUL FAILURE OF AN EMPLOYEE OR SCHOOL ADMINISTRA-
 TOR TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION SHALL BE THE  SAME
 AS  THE PENALTY FOR FAILURE TO COMPLY PURSUANT TO SECTION ELEVEN HUNDRED
 TWENTY-NINE OF THIS ARTICLE INCLUDING, FOR  A  SCHOOL  ADMINISTRATOR  OR
 S. 10402                           10
 
 EQUIVALENT  SCHOOL  LEADER,  A CIVIL PENALTY NOT TO EXCEED FIVE THOUSAND
 DOLLARS UPON AN ADMINISTRATIVE DETERMINATION BY THE COMMISSIONER.
   §  11.  Subdivisions  2  and  3  of section 1132 of the education law,
 subdivision 2 as amended by chapter 363 of the laws of 2018 and subdivi-
 sion 3 as amended by chapter 164 of the laws of  2019,  are  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, AND SECTION ELEVEN HUNDRED THIRTY-FIVE  OF  THIS  ARTICLE,
 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.
   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 a school or
 any person or entity that contracts with a school to provide transporta-
 tion 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, AND SECTION ELEVEN HUNDRED
 THIRTY-FIVE OF THIS ARTICLE, 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]  SUCH  SCHOOL BUS DRIVER completed the required
 training. In addition, each school bus driver shall provide such  school
 or  contracting  person or entity with documentation showing that [he or
 she] SUCH SCHOOL BUS DRIVER completed the required training. The depart-
 ment 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.
   §  12. Subdivision 1 of section 3036 of the education law, as added by
 chapter 205 of the laws of 2014, is amended to read as follows:
   1. Notwithstanding any other provision of law, the commissioner  shall
 prescribe  regulations  requiring  that  all persons currently holding a
 temporary coaching license or a professional  coaching  certificate  and
 persons  applying  for such license or certificate shall, in addition to
 all the other licensure or certification  requirements,  have  completed
 two  hours  of  coursework  or training regarding the identification and
 reporting of child abuse and maltreatment. The  coursework  or  training
 S. 10402                           11
 
 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 statu-
 tory  reporting  requirements  set out in sections four hundred thirteen
 through four hundred twenty of the  social  services  law,  AND  SECTION
 ELEVEN  HUNDRED  THIRTY-FIVE  OF THIS CHAPTER, 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 repor-
 ters,  and  the consequences for failing to report. Each applicant shall
 provide the department with documentation showing that [he or she]  SUCH
 REPORTER has completed the required training.
   §  13. Severability clause. If any clause, sentence, paragraph, subdi-
 vision, section or part of this act shall be adjudged by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  14.  This act shall take effect on the ninetieth day after it shall
 have become a law.