Relates to the protection of pupils in educational settings from abuse and maltreatment, and requiring the fingerprinting of school bus drivers

Section 17 adds a new subdivision to section 1125 of the education law to create the category of sexual abuse by a student.

Section 18 adds a new subdivision to section 1126 of the education law to require employees not specifically enumerated in section 1126 to promptly inform the school administrator or his or her designated agent of allegations of child abuse or sexual abuse by a student in an educational setting; requires the Commissioner of Education to develop the form to be used pursuant to section 1126-a; requires the designated agent of the school administrator to be responsible for compliance with the procedures set forth in this section; and provides immunity from civil liability for employees and persons who reasonably and in good faith make reports of child abuse or sexual abuse by a student.

Section 19 amends sections 1126, 1127 and 1128 of the education law to include allegations of sexual abuse of a student and direct observation of child abuse or sexual abuse of a student to those acts required to be reported by enumerated mandated reporters and provides for those making the reports the same immunities from civil liability in statute, as well as providing the same confidentiality and reporting procedures for such reports as currently provided in law.

Section 20 provides that willful failure of an employee to report is a class A misdemeanor.

Section 21 amends section 1130 of education law to add reports of student sexual abuse by a student to those reports which district attorneys are required to notify the District Superintendent and the Commissioner of Education when, as a result of such report, an indictment or accusatory instrument is filed or when a criminal investigation is suspended or terminated.

Section 22 amends section 1132 of education law to direct the Commissioner of Education to prepare a form for the recording and transmitting of allegations of sexual abuse by a student.

Section 23 amends section 509-cc of vehicle and traffic law to increase the level of scrutiny of the criminal history background check by adding the criteria contained in section 30.35 of the education law, including reviewing the records maintained by the Federal Bureau of Investigation, to the standards used to screen applicants for employment. The Commissioner of Motor Vehicles shall consult with the Commissioner of Education to develop procedures for the application of the disqualification criteria.

Section 24 amends subdivision 2 of section 509-d of the vehicle and traffic law to direct motor carriers who employ persons as drivers of school buses to request the Department of Motor Vehicles to initiate a criminal history background check pursuant to section 509-cc of this article.

Section 25 amends subdivision 2 of section 1229-d of the vehicle and traffic to require school bus attendants to undergo the same criminal history background checks pursuant to section 3035 of the education law.

Section 26 of the bill sets an effective date of July 1,2011.

Existing law

Education law requires the reporting of child abuse in an educational setting to allegations of child abuse perpetrated by an adult made to a mandated reporter. Vehicle and traffic law criminal history requirements for school bus drivers are limited to certain enumerated crimes and time periods. There is no requirement to review criminal history background records from the Federal Bureau of Investigation.

Justification

While prospective school bus drivers and school bus attendants are currently required to be fingerprinted and subjected to a criminal history check, they are not reviewed under the same stringent standards and criteria as all other prospective school employees as imposed by Chapter 180 of 2000. Under the existing statute, there is the potential to obtain licensure as a school bus driver after a period of only five years following release from incarceration for certain sexual predators, as well as those previously convicted of robbery in the first degree, criminally negligent homicide, manslaughter in the second degree and many more offenses, where it is simply Unsuitable to be charged with the responsibility to drive children on a school bus. All employees working with children should be screened utilizing an established uniform standard which best protects the students from potential harm. The proposed standard is currently in place and operating successfully for all other school employees. This bill requires any employee not previously mandated (i.e., employees without certification or professional licenses) to report child abuse in an educational setting promptly to the proper authorities. In addition, this bill requires all employees to report any allegation of sexual abuse by a student in an educational setting. Media reports have recently highlighted heinous acts of sexual assault committed on school grounds which were not properly reported. This bill ensures that employees are held accountable for neglecting to report acts which have endangered children in an educational setting.

Legislative history

2007-2008: S.5669A - Passed Senate

Fiscal implications

None.

Effective date

July 1, 2011