§ 1125 — Definitions

§ 1125. Definitions. For the purposes of this article the following\nterms shall have the following meanings:\n 1. "Child abuse" shall mean any of the following acts committed in an\neducational setting by an employee or volunteer against a child: (a)\nintentionally or recklessly inflicting physical injury, serious physical\ninjury or death, or (b) intentionally or recklessly engaging in conduct\nwhich creates a substantial risk of such physical injury, serious\nphysical injury or death, or (c) any child sexual abuse as defined in\nthis section, or (d) the commission or attempted commission against a\nchild of the crime of disseminating indecent materials to minors\npursuant to article two hundred thirty-five of the penal law, or (e)\nusing corporal punishment as defined by the commissioner.\n 2. "Child" shall mean a person under the age of twenty-one years\nenrolled in a school.\n 3. "Employee" shall mean any person: (i) who is receiving compensation\nfrom a school or (ii) whose duties involve direct student contact and\n(a) who is receiving compensation from any person or entity that\ncontracts with a school to provide transportation services to children,\nor (b) who is an employee of a contracted service provider or worker\nplaced within the school under a public assistance employment program,\npursuant to title nine-B of article five of the social services law, and\nconsistent with the provisions of such title for the provision of\nservices to such school, its students or employees, directly or through\ncontract.\n 4. "Volunteer" shall mean any person, other than an employee, who has\ndirect student contact and: (i) provides services to a school, or (ii)\nprovides services to any person or entity that contracts with a school\nto provide transportation services to children.\n 5. "Educational setting" shall mean the building and grounds of a\nschool, the vehicles provided directly or by contract by the school for\nthe transportation of students to and from school buildings, field\ntrips, co-curricular and extra-curricular activities both on and off\nschool grounds, all co-curricular and extra-curricular activity sites,\nand any other location where direct contact between an employee or\nvolunteer and a child has allegedly occurred.\n 6. "Administrator" or "school administrator" shall mean a principal,\nor the equivalent title, in a school, or other chief school officer.\n 7. "Law enforcement authorities" shall mean a municipal police\ndepartment, sheriff's department, the division of state police or any\nofficer thereof. Notwithstanding any other provision of law, law\nenforcement authorities shall not include any child protective service\nor any society for the prevention of cruelty to children as such terms\nare defined in section four hundred twenty-three of the social services\nlaw.\n 8. "Parent" shall mean either or both of a child's parents or other\npersons legally responsible for the child.\n 9. "Child sexual abuse" shall mean conduct prohibited by article one\nhundred thirty or two hundred sixty-three of the penal law.\n 10. "School" shall include a school district, public school, charter\nschool, nonpublic school, board of cooperative educational services,\nspecial act school district as defined in section four thousand one of\nthis chapter, approved preschool special education program pursuant to\nsection forty-four hundred ten of this chapter, approved private\nresidential or non-residential school for the education of students with\ndisabilities including private schools established under chapter eight\nhundred fifty-three of the laws of nineteen hundred seventy-six, or\nstate-operated or state-supported school in accordance with article\neighty-five, eighty-seven or eighty-eight of this chapter.\n