N.Y.
Education Law Section 1132
Duties of the commissioner
- child abuse in an educational setting
1.
The commissioner shall prepare a form for the recording and transmitting of allegations of child abuse in an educational setting. Such form shall include:(i)
all definitions set out in § 1125 (Definitions)section eleven hundred twenty-five of this article; and(ii)
adequate space for the inclusion of any other information which the person making or filing the report believes would be helpful in describing or explaining the circumstances surrounding an allegation of child abuse in an educational setting in accordance with the provisions of this article.2.
The commissioner shall promulgate rules and regulations for training necessary for the implementation of this article provided all employees specifically 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 shall be required to complete training pursuant to such rules and regulations. Such training shall include, at a minimum, information regarding the physical and behavioral indicators of child abuse and maltreatment and the statutory reporting requirements set out in sections four hundred thirteen, four hundred fourteen, four hundred fifteen, four hundred sixteen, four hundred seventeen, four hundred eighteen, four hundred nineteen and four hundred twenty of the social services law, including but not limited to, when and how a report must be made, what other actions the reporter is mandated or authorized to take, the legal protections afforded reporters, and the consequences for failing to report.3.
All persons employed on or after July first, two thousand nineteen by a school, other than a school district or public school, in titles equivalent to a teacher or administrator as defined in the regulations of the commissioner, and any school bus driver employed by a school or any person or entity that contracts with a school to provide transportation services to children shall be required to complete two hours of coursework or training regarding the identification and reporting of child abuse and maltreatment. The coursework or training shall be obtained from an institution or provider that has been approved by the department to provide such coursework or training. The coursework or training shall include information regarding the physical and behavioral indicators of child abuse and maltreatment and the statutory reporting requirements set out in sections four hundred thirteen through four hundred twenty of the social services law, including but not limited to, when and how a report must be made, what other actions the reporter is mandated or authorized to take, the legal protections afforded reporters, and the consequences for failing to report. Each employee in such titles shall provide the school administrator of the school with documentation showing that he or she completed the required training. In addition, each school bus driver shall provide such school or contracting person or entity with documentation showing that he or she completed the required training. The department shall be authorized to request such records on a periodic basis and may publish a list of any persons or schools who are not in compliance with this subdivision on its website.4.
The coursework or training required by this section shall not apply to those persons already required to undergo coursework or training regarding the identification and reporting of child abuse and maltreatment pursuant to sections three thousand three and three thousand four of this chapter.
Source:
Section 1132 — Duties of the commissioner; child abuse in an educational setting, https://www.nysenate.gov/legislation/laws/EDN/1132 (updated Aug. 16, 2019; accessed Oct. 26, 2024).
