What's happening
This bill requires employees and volunteers of school transportation contractors to report suspected child abuse in educational settings to school officials.
Why it matters
Expands accountability to school bus contractors. By requiring employees and volunteers of transportation contractors to report suspected child abuse, the bill closes a loophole in existing law and ensures more adults who interact with students are legally obligated to act on concerns.
Creates a clear reporting chain for contractors. The bill mandates that reports from transportation contractor staff must be formally documented and delivered directly to the school district superintendent, improving the likelihood that allegations are tracked and appropriately addressed.
Covers a broader range of locations and personnel. The definition of "educational setting" is expanded to include vehicles provided by contract, and the law now explicitly applies to current and former employees and volunteers of transportation contractors, recognizing the varied ways students can interact with adults outside traditional school grounds.
Aims to strengthen child safety oversight. By bringing transportation providers under the same child abuse reporting requirements as school staff, the legislation seeks to ensure consistent protection standards for children throughout all aspects of their school experience, including transit.
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Who cares
Headline styles
Bus Drivers Must Report Abuse
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.499
- Referred to children and families
- Returned to senate
- Died in assembly
- Referred to education
- Delivered to assembly
- Passed senateVote 62–0
- Advanced to third reading
- 2nd report cal.
Show 2 earlier actions
- 1st report cal.192
- Referred to children and families
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Report School Bus Child Abuse
In Assembly Committee · Education · Sponsor Aileen Gunther
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2391
2017-2018 Regular Sessions
IN SENATE
January 13, 2017
Introduced by Sen. LARKIN -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families
AN ACT to amend the education law, in relation to the reporting of child abuse in an educational setting by employees of contractors providing transportation to the children of a school district
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 3, 4 and 5 of section 1125 of the education law, subdivisions 3 and 4 as added by chapter 180 of the laws of 2000 and subdivision 5 as amended by section 1 of part E of chapter 501 of the laws of 2012, are amended to read as follows:
3. "Employee" shall mean any person receiving compensation from a school district, or employee or former employee of any person or entity which contracts with a school district to provide transportation to children, or 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 district, its students or employees, directly or through contract, whereby such services performed by such person involve direct student contact.
4. "Volunteer" shall mean any person, other than an employee, who provides services to a school or school district, or to a person or entity which contracts with a school district to provide transportation to children, which involve direct student contact.
5. "Educational setting" shall mean the building and grounds of a public school district, the vehicles provided directly or by contract by the school district for the transportation of students to and from school buildings, field trips, co-curricular and extra-curricular activities both on and off school district grounds, all co-curricular and extra-curricular activity sites, and any other location where direct
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03750-01-7
S. 2391 2
contact between an employee or volunteer and a child has allegedly occurred. Such term shall not include a special act school district as defined in section four thousand one of this chapter which shall be subject to article eleven of the social services law.
§ 2. Section 1126 of the education law is amended by adding a new subdivision 1-a to read as follows:
1-a. Any employee of a person or entity which contracts with a school district to provide transportation to children shall report or cause a report to be made to such person or entity when such employee knows or has reason to believe that any employee, former employee or volunteer of the contracting person or entity subjected a child to child abuse in an educational setting. In any case where an oral or written allegation is made to a person or entity which contracts with a school district to provide transportation to children that a child has been subjected to child abuse by an employee, former employee or volunteer in an educational setting, such person or entity 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 identity of the person making the allegation and their relationship to the alleged child victim; the name of the employee, former 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.
§ 3. The opening paragraph of section 1128 of the education law, as added by chapter 180 of the laws of 2000, is amended to read as follows:
Upon receipt of a written report described in paragraph (a) of subdivision one or subdivision one-a of section eleven hundred twenty-six of this article alleging that a child has been abused in an educational setting, a school administrator or superintendent shall where there is a reasonable suspicion to believe that an act of child abuse has occurred:
§ 4. Subdivision 1 of section 1128-a of the education law, as added by chapter 180 of the laws of 2000, is amended to read as follows:
1. Where a superintendent of schools forwards to law enforcement a report as described in paragraph (a) of subdivision one or subdivision one-a of section eleven hundred twenty-six of this article, he or she shall refer such report to the commissioner where the employee or volunteer alleged to have committed an act of child abuse as defined in this article holds a certification or license issued by the department.
§ 5. This act shall take effect on the sixtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the education law, in relation to the reporting of child abuse in an educational setting by employees of contractors providing transportation to the children of a school district
Purpose
To establish standard procedures for the recordation and transmission of allegations of child abuse on a school bus.
Summary of provisions
Section 1-4: Amends Sections 1125, 1126, 1128 and 1128-a of the Education Law to establish duties for certain employees and volunteers with regard to procedures for the recordation and transmission of reports of child abuse in an educational setting.
Section 5: Effective Date
Existing law
Under current law, there are no statutory procedures which mandate the reporting of allegations of child abuse on a school bus.
Justification
Throughout the State of New York there have been multiple disturbing reports of child abuse on school busses. Recently, in the Hudson Valley, a complaint was filed against a school bus monitor for assaulting two "non-verbal" autistic students. Due to the victim's inability to communicate, the abuse went unreported to their parents or authorities at the school. This legislation establishes standardized practices and procedures which guarantee that allegations of child abuse by school bus employees are reported.
Legislative history
2016-S7283-PASSED SENATE
Fiscal implications
None
Effective date
On the sixtieth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.