What's happening
This bill requires private school administrators to report allegations of child abuse in educational settings, similar to public schools.
Why it matters
Expands mandatory reporting requirements for child abuse to private schools. By including private school administrators and settings in the law, the bill closes a significant loophole, ensuring that all students—regardless of whether they attend public or private schools—are equally protected under state law.
Clarifies legal definitions and obligations. The bill explicitly defines "child," "educational setting," and "administrator" to include private schools and their leaders, reducing ambiguity and making it clear who is responsible for reporting suspected abuse.
Extends legal immunity to private school administrators. Just like public school officials, private school administrators who report allegations of child abuse in good faith will be protected from criminal or civil liability, encouraging prompt and honest reporting without fear of legal repercussions.
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Who cares
Headline styles
Make Private Schools Report Abuse
Plain English, a few words. Used as the page title.
Sponsors
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.132
- Referred to children and families
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.545
- 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 Private School Abuse
In Assembly Committee · Codes · Sponsor Fred Thiele
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4342
2017-2018 Regular Sessions
IN SENATE
February 10, 2017
Introduced by Sen. BROOKS -- 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 requiring school administrators in private schools to report allegations of child abuse in an educational setting
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 2, 5 and 6 of section 1125 of the education law, subdivisions 2 and 6 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:
2. "Child" shall mean a person under the age of twenty-one years enrolled in a school district in this state, other than a school district within a city having a population of one million or more, or any person under the age of twenty-one enrolled in a private school in this state.
5. "Educational setting" shall mean the building and grounds of a public school district or private school, the vehicles provided by the school district or private school 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 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.
6. "Administrator" or "school administrator" shall mean a principal of a public or private school, charter school or board of cooperative educational services, or other chief school officer.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09593-01-7
S. 4342 2
§ 2. The section heading and subdivision 1 of section 1128-a of the education law, as added by chapter 180 of the laws of 2000, are amended to read as follows:
Additional duties of superintendents and administrators. 1. Where a superintendent of schools, or in the case of a private school a school administrator, forwards to law enforcement a report as described in paragraph (a) of subdivision one 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.
§ 3. Subdivision 3 of section 1133 of the education law, as added by chapter 180 of the laws of 2000, is amended to read as follows:
3. Any superintendent of schools or school administrator who reasonably and in good faith reports to law enforcement officials information regarding allegations of child abuse or a resignation as required by this article shall have immunity from any liability, civil or criminal, which might otherwise result by reason of such actions.
§ 4. This act shall take effect on the thirtieth 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 requiring school administrators in private schools to report allegations of child abuse in an educational setting
Purpose
To require school administrators in private schools to report allegations of child abuse in an educational setting.
Summary of provisions
Article 23-B requires, among other things, public school principals to forward reports of child abuse committed by school employees or volunteers to "appropriate law enforcement authorities". It also forbids public school authorities' agreeing to withhold from law enforcement the fact that an allegation of child abuse has been made against a school employee or volunteer in exchange for the accused person's resignation or voluntary suspension. This legislation would include private schools in the aforementioned Article 23-B.
Justification
The absence of private schools from the requirements of Article 23-B is a serious gap in the legislative scheme of protection for the hundreds of thousands of children who attend these schools in New York State. Accounts of students being sexually abused by faculty in private school settings are all too common. Often, the administration's response was to protect the institutional reputation of the school at the expense of the ongoing safety of its students. In many instances, the faculty responsible for the abuse were neither terminated nor disciplined, and were permitted to remain on staff with the result that additional students were victimized. This legislation would require the private school administrators to report this alleged abuse, thereby, protecting their students.
Legislative history
A10508 of 2016 Education.
Fiscal implications
To be determined.
Effective date
This act shall take effect on the thirtieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.