N.Y.
Education Law Section 1126
Duties of employees specifically enumerated in this section upon receipt of an allegation of child abuse in an educational setting
1.
In any case where an oral or written allegation 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, as well as a licensed and registered physical therapist, licensed and registered occupational therapist, licensed and registered speech-language pathologist, teacher aide or school resource officer, that a child has been subjected to child abuse by an employee or volunteer in an educational setting, such person shall upon receipt of such allegation:(a)
promptly complete a written report of such allegation including the full name of the child alleged to be abused; the name of the child’s parent; the identity of the person making the allegation and their relationship to the alleged child victim; the name of the 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 § 1132 (Duties of the commissioner)section eleven hundred thirty-two of this article.(b)
except where the school administrator is the person receiving such oral or written allegation, promptly personally deliver a copy of such written report to the school administrator of the school in which the child abuse allegedly occurred. 1-a.(i)
In any case where an oral or written allegation is made to a school bus driver employed by a school or a person or entity that contracts with a school to provide transportation services to children that a child has been subjected to child abuse by an employee or volunteer in an educational setting, such driver shall upon receipt of such allegation, promptly report or cause a report to be made to his or her supervisor employed by such school or contracting person or entity.(ii)
In any case where an oral or written report or allegation is made to a supervisor who is employed by a school or a person or entity that contracts with a school to provide transportation services to children from a person employed by the school or the contracted person or entity, that a child in such school has been subjected to child abuse by an employee or volunteer in an educational setting, such supervisor 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 name of the child’s parent or guardian; the identity of the person making the allegation and their relationship to the alleged child victim; the name of the 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 § 1132 (Duties of the commissioner)section eleven hundred thirty-two of this article, and shall be personally delivered to the school district superintendent employed by the school district where the child abuse occurred or, for a school other than a school district or public school, the school administrator employed by the school where the child abuse occurred.2.
In any case where it is alleged that a child was abused by an employee or volunteer of a school other than a school within the school district of the child’s attendance, the report of such allegations shall be promptly forwarded to the superintendent of schools of the school district of the child’s attendance and the school district where the abuse allegedly occurred, whereupon both school superintendents shall comply with sections eleven hundred twenty-eight and eleven hundred twenty-eight-a of this article. If such case involves a school that is not a school district or public school, the appropriate school administrator or administrators, in addition to any appropriate superintendent of schools, shall be notified whereupon all such individuals shall comply with sections eleven hundred twenty-eight and eleven hundred twenty-eight-a of this article.3.
Any employee, volunteer, or supervisor who is employed by a person or entity that contracts with a school to provide transportation services to children 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 this section shall have immunity from civil liability which might otherwise result by reason of such actions.4.
In any case where the employee against whom the allegation is made is the superintendent or the administrator, the report of such allegations shall be made to another administrator designated by the school.
Source:
Section 1126 — Duties of employees specifically enumerated in this section upon receipt of an allegation of child abuse in an educational setting, https://www.nysenate.gov/legislation/laws/EDN/1126 (updated Aug. 16, 2019; accessed Oct. 26, 2024).
