N.Y. Education Law Section 1128
Duties of school administrators and superintendents upon receipt of a written report alleging child abuse in an educational setting

Upon receipt of a written report described in paragraph (a) of subdivision one or subdivision one-a of § 1126 (Duties of employees specifically enumerated in this section upon receipt of an allegation of child abuse in an educational setting)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:

1.

Where the subject child has made the allegation:

(a)

promptly notify the parent of such child that an allegation of child abuse in an educational setting has been made regarding such child and promptly provide the parent with a written statement prepared pursuant to regulations of the commissioner setting forth parental rights, responsibilities and procedures under this article;

(b)

where a school administrator receives a written report, promptly provide a copy of such report to the superintendent; and

(c)

promptly forward such report to appropriate law enforcement authorities. In no event shall reporting to law enforcement be delayed by reason of an inability to contact the superintendent.

2.

Where a parent of the child has made the allegation:

(a)

promptly provide the parent of such child with a written statement prepared pursuant to regulations of the commissioner setting forth parental rights, responsibilities and procedures under this article;

(b)

where a school administrator receives a written report, promptly provide a copy of such report to the superintendent; and

(c)

promptly forward such report to appropriate law enforcement authorities. In no event shall reporting to law enforcement be delayed by reason of an inability to contact the superintendent.

3.

Where a person other than the subject child or the parent of a subject child has made the allegation:

(a)

promptly notify the parent of the subject child that an allegation of child abuse in an educational setting has been made regarding his or her child and promptly provide the parent with a written statement prepared pursuant to regulations of the commissioner setting forth parental rights, responsibilities and procedures under this article;

(b)

ascertain from the person making such report the source and basis for such allegation;

(c)

where a school administrator receives a written report, promptly provide a copy of such report to the superintendent; and

(d)

promptly forward such report to appropriate law enforcement authorities. In no event shall reporting to law enforcement be delayed by reason of an inability to contact the superintendent.

4.

Any school administrator or superintendent who reasonably and in good faith makes a report of allegations of child abuse in an educational setting or reasonably and in good faith transmits such a report to a person or agency as required by this article and in a manner described in § 1126 (Duties of employees specifically enumerated in this section upon receipt of an allegation of child abuse in an educational setting)section eleven hundred twenty-six of this article and this section shall have immunity from civil liability which might otherwise result by reason of such actions.

Source: Section 1128 — Duties of school administrators and superintendents upon receipt of a written report alleging child abuse in an educational setting, https://www.­nysenate.­gov/legislation/laws/EDN/1128 (updated Jun. 7, 2019; accessed Oct. 26, 2024).

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Accessed:
Oct. 26, 2024

Last modified:
Jun. 7, 2019

§ 1128’s source at nysenate​.gov

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