STATE OF NEW YORK ________________________________________________________________________ 5842 2019-2020 Regular Sessions IN ASSEMBLY February 20, 2019 ___________ Introduced by M. of A. NOLAN -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to child abuse in an educational setting The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1-a of section 1126 of the education law, as 2 added by a chapter of the laws of 2018, amending the education law 3 relating to child abuse in an educational setting, as proposed in legis- 4 lative bills numbers S. 7372-B and A. 8485-B, is amended to read as 5 follows: 6 1-a. (i) In any case where an oral or written allegation is made to a 7 school bus driver employed by a school or a person or entity that 8 contracts with a school to provide transportation services to children 9 that a child has been subjected to child abuse by an employee or volun- 10 teer in an educational setting, such driver shall upon receipt of such 11 allegation, promptly report or cause a report to be made to his or her 12 supervisor employed by such school or contracting person or entity. 13 (ii) In any case where an oral or written report or allegation is made 14 to a supervisor who is employed by a school or a person or entity that 15 contracts with a school to provide transportation services to children 16 from a person employed by the school or the contracted person or entity, 17 that a child in such school has been subjected to child abuse by an 18 employee or volunteer in an educational setting, such supervisor shall 19 upon receipt of such allegation promptly complete a written report of 20 such allegation including the full name of the child alleged to be 21 abused; the name of the child's parent or guardian; the identity of the 22 person making the allegation and their relationship to the alleged child 23 victim; the name of the employee or volunteer against whom the allega- 24 tion was made; and a listing of the specific allegations of child abuse 25 in an educational setting. Such written report shall be upon a form as EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07041-01-9

A. 5842 2 1 prescribed in section eleven hundred thirty-two of this article, and 2 shall be personally delivered to the school district superintendent 3 employed by the school district where the child abuse occurred or, for a 4 school other than a school district or public school, the school admin- 5 istrator employed by the school where the child abuse occurred. 6 § 2. Subdivision 3 of section 1132 of the education law, as added by a 7 chapter of the laws of 2018, amending the education law relating to 8 child abuse in an educational setting, as proposed in legislative bills 9 numbers S. 7372-B and A. 8485-B, is amended to read as follows: 10 3. All persons employed on or after July first, two thousand nineteen 11 by a school, other than a school district or public school, in titles 12 equivalent to a teacher or administrator as defined in the regulations 13 of the commissioner, and any school bus driver employed by a school or 14 any person or entity that contracts with a school to provide transporta- 15 tion services to children shall be required to complete two hours of 16 coursework or training regarding the identification and reporting of 17 child abuse and maltreatment. The coursework or training shall be 18 obtained from an institution or provider that has been approved by the 19 department to provide such coursework or training. The coursework or 20 training shall include information regarding the physical and behavioral 21 indicators of child abuse and maltreatment and the statutory reporting 22 requirements set out in sections four hundred thirteen through four 23 hundred twenty of the social services law, including but not limited to, 24 when and how a report must be made, what other actions the reporter is 25 mandated or authorized to take, the legal protections afforded repor- 26 ters, and the consequences for failing to report. Each employee in such 27 titles shall provide the school administrator of the school with 28 documentation showing that he or she completed the required training. In 29 addition, each school bus driver shall provide such school or contract- 30 ing person or entity with documentation showing that he or she completed 31 the required training. The department shall be authorized to request 32 such records on a periodic basis and may publish a list of any persons 33 or schools who are not in compliance with this subdivision on its 34 website. 35 § 3. Section 1134 of the education law, as added by a chapter of the 36 laws of 2018, amending the education law relating to child abuse in an 37 educational setting, as proposed in legislative bills numbers S. 7372-B 38 and A. 8485-B, is amended to read as follows: 39 § 1134. Reporting to the vulnerable persons' central register and the 40 statewide central register of child abuse and maltreatment. Where a 41 person employed by a school is required to report an incident of child 42 abuse in an educational setting to the vulnerable persons' central 43 register pursuant to article eleven of the social services law or the 44 statewide central register of child abuse and maltreatment pursuant to 45 article six of the social services law and he or she reports such inci- 46 dent thereto, such person shall have been deemed to have complied with 47 the reporting requirements of this article. 48 § 4. This act shall take effect on the same date and in the same 49 manner as a chapter of the laws of 2018, amending the education law 50 relating to child abuse in an educational setting, as proposed in legis- 51 lative bills numbers S. 7372-B and A. 8485-B, takes effect.

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