Search OpenLegislation Statutes

This entry was published on 2023-10-27
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
Education (EDN) CHAPTER 16, TITLE 1, ARTICLE 23-B
§ 1125. Definitions. For the purposes of this article the following
terms shall have the following meanings:

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
physical 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 article two hundred thirty-five of the penal law, or (e)
using corporal punishment as defined by the commissioner.

2. "Child" shall mean a person under the age of twenty-one years
enrolled in a school.

3. "Employee" shall mean any person: (i) who is receiving compensation
from a school 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 children,
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 school, its students or employees, directly or through

4. "Volunteer" shall mean any person, other than an employee, who has
direct student contact and: (i) provides services to a school, or (ii)
provides 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
school, the vehicles provided directly or by contract by the school for
the transportation of students to and from school buildings, field
trips, co-curricular and extra-curricular activities both on and off
school 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.

6. "Administrator" or "school administrator" shall mean a principal,
or the equivalent title, in a school, or other chief school officer.

7. "Law enforcement authorities" shall mean a municipal police
department, sheriff's department, the division of state police or any
officer thereof. Notwithstanding any other provision of law, law
enforcement authorities shall not include any child protective service
or any society for the prevention of cruelty to children as such terms
are defined in section four hundred twenty-three of the social services

8. "Parent" shall mean either or both of a child's parents or other
persons legally responsible for the child.

9. "Child sexual abuse" shall mean conduct prohibited by article one
hundred thirty or two hundred sixty-three of the penal law.

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
residential 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.