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This entry was published on 2019-08-16
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SECTION 1126
Duties of employees specifically enumerated in this section upon receipt of an allegation of child abuse in an educational setting
Education (EDN) CHAPTER 16, TITLE 1, ARTICLE 23-B
§ 1126. Duties of employees specifically enumerated in this section
upon receipt of an allegation of child abuse in an educational setting.
1. 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
volunteer in an educational setting, such person shall upon receipt of
such allegation:

(a) 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; the identity of the person making the allegation and 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.

(b) except where the school administrator is the person receiving such
oral or written allegation, promptly personally deliver a copy of such
written report to the school administrator of the school in which the
child abuse allegedly occurred.

1-a. (i) In any case where an oral or written allegation is made to a
school bus driver employed by a school or 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 educational 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 school or 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 school or a person or entity that
contracts with a school to provide transportation services to children
from a person employed by the school or 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 allegation 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 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
administrator 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.

3. Any employee, volunteer, or supervisor who is employed by a person
or entity that contracts with a school to provide transportation
services to children who reasonably and in good faith makes a report of
allegations of child abuse in an educational setting to a person and in
a manner described in this section shall have immunity from civil
liability which might otherwise result by reason of such actions.

4. In any case where the employee against whom the allegation is made
is the superintendent or the administrator, the report of such
allegations shall be made to another administrator designated by the
school.