Requires parents to submit proof of age and nature of parental relation upon enrolling child in school

4 Multi-sponsors

• James Conte
• Michael J. Fitzpatrick
• Brian Kolb
• Mike Spano

BILL NUMBER:A10545

Title of bill

An act to amend the education law, in relation to information concerning minor school children enrolling in and transferring to schools

Purpose or general idea of bill

This bill would require schools to gather certain parental information and records when enrolling a minor child in school and would require superintendents or their agents to access the statewide register of missing children upon a suspicion that the child is a victim of kidnapping or custodial interference.

Summary of provisions

The Education Law would be amended requiring schools to ascertain the relationship between the minor child and the individual enrolling the child into school. School superintendents or their agents would be required to check the statewide register of missing children upon any suspicion that the child is a victim of a kidnapping or custodial interference. The Education Law would be further amended to require schools to request, within 15 days of a minor child's enrollment, that the child's previous school forward his/her records. Schools would be required to notify law enforcement agents if either: a) a child has withdrawn from school during the school term, and the school has not received an official request for the child's records within 30 days, or 90 days from the end of the term; or b) a child has not attended school for 5 consecutive days and his/her whereabouts cannot be ascertained. School superintendents or their agents will be permitted to access the statewide register for missing children upon any suspicion of custodial interference or kidnapping. The Executive Law would be amended by creating a new paragraph (f) to include school superintendents or authorized agents among those authorized access to the statewide central register of missing children.

Justification

The issue of missing children continues to be a very serious problem within the State. This legislation is an attempt to assist authorities in locating missing children by monitoring the school systems. Upon an abduction or custodial interference of a minor child, the abductor or non-custodial parent usually enrolls the child into a new school. Failure to enroll the minor child in school would arouse suspicion among friends and neighbors. By requiring documentation of familial relationships and school records upon enrollment, it will be easier to trace the movements of our children. Furthermore, permitting school officials to access the statewide register of missing children upon suspicion of kidnapping and requiring immediate notification to law enforcement agencies of any confirmed suspicions will more expeditiously identify and return missing children to their custodial parent(s).

Prior legislative history

2008: A.5295; Held for consideration in Education 2007: A.5295; Referred to Education 2006: A.3832; Held for consideration in Education 2005: A.3832; Referred to Education 2004: A.2300; Referred to Education 2003: A.2300; Held for consideration in Education 2002: A.3152; Held for consideration in Education 2001: A.3152; Referred to Education 2000: A.2674; Referred to Education 1999: A.2674; Held for consideration in Education 1998: A.3365; Held for consideration in Education 1997: A.3365; Referred to Education 1996: A.2541; Referred to Education 1995: A.2541; Held for consideration in Education 1994: A.5048-A; Held for consideration in Education 1994: A.5048; Amended and recommitted to Education

Fiscal implications

None.

Effective date

The first of September following enactment into law.