Adoption Date: 01/01/2014

4221R Child Abuse in an Educational Setting
4221

This law is intended to cover the specific allegation of an incident of child abuse in an educational setting by an employee or volunteer. A reasonable belief that child abuse or maltreatment committed by parents, guardians and other persons legally responsible for a child must still be reported to the statewide child abuse registry pursuant to the Social Services Law.

The law broadly defines an “educational setting” to include:

• Buildings and grounds of a public school district
• Vehicles provided by a school district for the transportation of students to and from school buildings, field trips, co-curricular and extra-curricular activities
• All other locations where direct contact between an employee or volunteer and a child has allegedly occurred

The law broadly defines “child abuse” to include any of the following acts committed in an educational setting by an employee or volunteer against a child:

• Intentional or reckless infliction of physical injury, serious physical injury or death
• Intentional or reckless conduct which creates a substantial risk of physical injury, serious physical injury or death
• Child sexual abuse, defined as an conduct prohibited by Articles 130 or 263 of the Penal Law (i.e., rape, sodomy, sexual abuse, course of sexual conduct against a child, and sexual performance by a child)
• The commission or attempted commission against a child of the crime of disseminating indecent materials to minors pursuant to Article 235 of the Penal Law

A child is defined as a person under 21 enrolled in a New York school district, other than New York City.

An employee is defined as any person receiving compensation from a school district or employee of a contractual service provider or worker under Title 9-B of Article 5 of the Social Services Law. A volunteer is defined as any person, other than an employee, who provides services to a school or school district which involve district student contact.

DUTIES OF EMPLOYEES

The duties of employees are as follows:
In any case where an oral or written allegation of child abuse by an employee or volunteer in an educational setting is made to a teacher, school nurse, school guidance counselor, school psychologist, school social worker, school administrator, school board member, or other school personnel required to hold a teaching or administrative license or certificate, such person shall:

• Promptly fully complete a written report on a form prepared by the Commissioner of Education; and
• Promptly personally deliver a copy of such written report to the principal or other chief school officer of the school in which the child abuse allegedly occurred; or
• Where the allegation involves an allegation of child abuse by an employee or volunteer of a school other than a school within the school district of the child’s attendance, promptly forward the report to the Superintendent of Schools of the school district of the child’s attendance and to the Superintendent of Schools where the abuse allegedly occurred.

 

DUTIES OF PRINCIPALS AND SUPERINTENDENTS

The duties of principals and Superintendents of Schools are as follows:

Where there is reasonable suspicion to believe that an act of child abuse has occurred upon receipt of a written report, the principal shall, unless such action is to be undertaken by the superintendents of schools:

• Promptly notify the parent of the child that such allegation has been made
• Promptly provide the parent with a written statement of parental rights which shall include, but not limited to:
  
  
• The duties of the employees upon receipt of an allegation of child abuse in an educational setting
• The duties of principals and Superintendents of Schools upon receipt of a written report alleging child abuse in an educational setting
• Additional duties of Superintendents of Schools
• Notification by district attorneys¹ to Superintendents of Schools and actions to be taken upon criminal conviction of a licensed or certified school employee
• Duties of the Commissioner of Education
• Confidentiality of records
• Penalties for failure to comply with the requirements regarding written reports
• Prohibition and penalty against agreements relating to unreported resignation of an employee or volunteer involved in an allegation of child abuse
•  Promptly provide a copy of such report to the Superintendent of Schools; and promptly forward such report, without delay by reason of the inability to contact the Superintendent of Schools, to appropriate law enforcement authorities.
• In cases where a person other than the child or the parent of the child has made the allegation, in addition to the requirements above, the principal or Superintendent of Schools shall ascertain from the person making the report, the source, and basis for the allegation.
• Maintain confidentiality of written reports, materials and photographs submitted or taken concerning allegations of child abuse in an educational setting
• Maintain the prohibition against unreported resignations

ADDITIONAL DUTIES OF SUPERINTENDENTS OF SCHOOLS

When a Superintendent of Schools forwards to law enforcement a report of child abuse in an educational setting, the Superintendent of Schools shall also refer such report to the Commissioner of Education where the employee or volunteer holds a certificate or license issued by the Department of Education.

The Superintendent of Schools shall expunge from any record kept by a school or school district, after five (5) years from the date of making of a report or at such earlier time as may be determined, a report made pursuant to this law which, after investigation, does not result in criminal conviction.

SCHOOL DISTRICT DUTIES

Each school district shall establish, and implement on an ongoing basis, a training program regarding the procedures set forth in the law for all current and new teachers, school nurses, school counselors, school psychologists, school social workers, school administrators, other personnel required to hold a teaching or administrative certificate or license, and school board members.

The training program shall include, but is not limited to, training regarding:

• Duties of employees, identified in the law, upon receipt of an allegation of child abuse in an educational setting
• Confidentiality of records
• Duties of school administrators and Superintendents upon receipt of a report of an allegation of child abuse in an educational setting
• Additional duties of a Superintendent of Schools
• Penalties for failure to comply with the law
• Notification by district attorneys, and actions taken upon conviction of a licensed or certified school employee
• Prohibition against unreported resignations or voluntary suspension of employees against when an allegation is made
• Immunity provisions 

UNREPORTED RESIGNATION AGAINST PUBLIC POLICY

Neither a school administrator nor a Superintendent of Schools shall make any agreement to withhold from law enforcement authorities, the Superintendent of Schools or the Commissioner of Education, where appropriate, the fact of an allegation of child abuse in an educational setting against an employee or volunteer in return for the resignation or voluntary suspension of the employee.

A violation, of such prohibition shall constitute a Class E Felony, and shall also be punishable by a civil penalty not to exceed $20,000.00.

CONFIDENTIALITY OF RECORDS

Reports and other written material submitted pursuant to the laws and regulations, and photographs taken concerning a report of alleged child abuse in an educational setting, in the possession of any person authorized to receive such information, shall be confidential and shall not be re-disclosed except to law enforcement authorities involved in an investigation of child abuse in an educational setting or as expressly authorized by law or pursuant to a court-ordered subpoena.

A school administrator or superintendent of Schools shall exercise reasonable care in preventing such authorized disclosure.

Willful disclosure of a written record required to be kept confidential to a person not authorized to receive or review such record is a Class A misdemeanor.

PENALTIES

The willful failure of an employee to prepare and submit a written report at an allegation of child abuse in a public setting shall be a Class A misdemeanor.

The willful failure of a school administrator or Superintendent of Schools to submit a written report of child abuse to an appropriate law enforcement authority shall be a Class A misdemeanor; and shall also be punishable by a civil penalty not to exceed $5,000.00 upon an administrative determination by the Commissioner of Education.

The willful disclosure of a written record required to be kept confidential to a person not authorized to receive or review such record is a Class A misdemeanor.

IMMUNITY PROVISIONS

Any employee or volunteer who reasonably and in good faith makes a report of allegations of child abuse in an educational setting to a person and in a manner described in the law shall have immunity from civil liability which might otherwise result from such actions.

Any school administrator of Superintendent of Schools who reasonably and in good faith makes a report of allegations of child abuse in an educational setting, or reasonably and in good faith transits such report to a person or agency and in a manner required by the law, shall have immunity from civil liability which might otherwise result from such actions.

Any Superintendent of Schools who reasonably and in good faith reports to law enforcement official’s information regarding a resignation of an employee against whom an allegation has been made shall have immunity from any liability, civil or criminal, which might otherwise result by reason of such action.

NOTIFICATION BY DISTRICT ATTORNEY AND ACTIONS UPON CRIMINAL CONVICTION OF A LICENSED OR CERTIFIED EMPLOYEE

Where a criminal investigation is undertaken of an allegation of child abuse in an educational setting, and law enforcement authorities have provided such report to the district attorney and requested assistance, as soon as practicable, the district attorney shall notify the Superintendent of Schools of the district where the acts allegedly occurred and of the school district where the child is attending, if different, of an indictment or the filing of an accusatory instrument against the employee or volunteer; and the district attorney shall make such same notification of the disposition of the criminal investigation.

In the event that a licensed or certified school employee is convicted of any crime involving child abuse in an educational setting, the district attorney shall provide notice thereof to the Commissioner of Education, the Superintendent of Schools where the child abuse acts occurred and to the Superintendent of Schools where the child is attending, if different.

ACCUSED EMPLOYEE’S OR VOLUNTEER’S RIGHTS

Nothing in the law creates any authority to take adverse action against an employee or volunteer by virtue of a report of alleged child abuse in an educational setting which has not been substantiated.

An employee or volunteer who has adverse action taken against him or her by virtue of or in connection with a report pursuant to the law shall be entitled to receive a copy of such report and to respond to the allegations therein. Any employee or volunteer, in addition, shall be entitled to seek disclosure of such report pursuant to Public Officers Law, Article 6.

SUBJECT CHILD	PARENT OF SUBJECT CHILD
Name         Last First MI Address       School   Grade   Sex (M,F, Unknown)   Age or Birthday (Mo/Day/Yr)	Name     Last First MI Address (if different)

  

SOURCE OF ALLEGATION (Check as Appropriate)

Child      Parent      Other – Name                                Relationship to Child (if any)   ________________________

 

ALLEGED PERPETRATOR (EMPLOYEE OR VOLUNTEER)

Name   School District   School Building   School Position

 

SPECIFIC ALLEGATION

Use this space to provide information to describe or explain the circumstances surrounding the allegation (attach additional sheets if necessary)

 

REPORTER INFORMATION

Name   School District   School Address   School/Telephone   Relationship to Child (if any)          Teacher    School Guidance Counselor    School Nurse    School Psychologist  Administrator  School Board Member  School Social Worker    School personnel required to hold teaching or administrator license or certification Date Submitted to Administrator       /      /      /                       Signature: _______________________________________

 

FOR ADMINISTRATOR USE ONLY	FOR SUPERINTENDENT OF SCHOOL USE ONLY
Reasonable Suspicion                  Yes      No	Reasonable Suspicion                  Yes      No
Date Submitted to Superintendent       /      /      /        Name/Signature ___________________________ Date Submitted to Law Enforcement       /      /      /    Name/Signature ___________________________	Date Submitted to Law Enforcement       /      /      /        Name/Signature ___________________________ Date Submitted to Commissioner       /      /      /    Name/Signature ___________________________

 

Child Abuse in an Educational Setting Confidential Report of Allegation (pdf file - 74kb)


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