§ 1126 — Duties of employees specifically enumerated in this section upon receipt of an allegation of child abuse in an educational setting

New York § 1126

• Jurisdiction: New York
• Law EDN: Education
• Title 1: General Provisions Article 1 Short Title and Definitions (§§
• Art. 23-B: Child Abuse In an Educational Setting

Text

§ 1126. Duties of employees specifically enumerated in this section\nupon receipt of an allegation of child abuse in an educational setting.\n1. In any case where an oral or written allegation is made to a teacher,\nschool nurse, school guidance counselor, school psychologist, school\nsocial worker, school administrator, school board member or other school\npersonnel required to hold a teaching or administrative license or\ncertificate, as well as a licensed and registered physical therapist,\nlicensed and registered occupational therapist, licensed and registered\nspeech-language pathologist, teacher aide or school resource officer,\nthat a child has been subjected to child abuse by an employee or\nvolunteer in an educational setting, such person shall upon receipt of\nsuch allegation:\n (a) promptly complete a written report of such allegation including\nthe full name of the child alleged to be abused; the name of the child's\nparent; the identity of the person making the allegation and their\nrelationship to the alleged child victim; the name of the employee or\nvolunteer against whom the allegation was made; and a listing of the\nspecific allegations of child abuse in an educational setting. Such\nwritten report shall be upon a form as prescribed in section eleven\nhundred thirty-two of this article.\n (b) except where the school administrator is the person receiving such\noral or written allegation, promptly personally deliver a copy of such\nwritten report to the school administrator of the school in which the\nchild abuse allegedly occurred.\n 1-a. (i) In any case where an oral or written allegation is made to a\nschool bus driver employed by a school or a person or entity that\ncontracts with a school to provide transportation services to children\nthat a child has been subjected to child abuse by an employee or\nvolunteer in an educational setting, such driver shall upon receipt of\nsuch allegation, promptly report or cause a report to be made to his or\nher supervisor employed by such school or contracting person or entity.\n (ii) In any case where an oral or written report or allegation is made\nto a supervisor who is employed by a school or a person or entity that\ncontracts with a school to provide transportation services to children\nfrom a person employed by the school or the contracted person or entity,\nthat a child in such school has been subjected to child abuse by an\nemployee or volunteer in an educational setting, such supervisor shall\nupon receipt of such allegation promptly complete a written report of\nsuch allegation including the full name of the child alleged to be\nabused; the name of the child's parent or guardian; the identity of the\nperson making the allegation and their relationship to the alleged child\nvictim; the name of the employee or volunteer against whom the\nallegation was made; and a listing of the specific allegations of child\nabuse in an educational setting. Such written report shall be upon a\nform as prescribed in section eleven hundred thirty-two of this article,\nand shall be personally delivered to the school district superintendent\nemployed by the school district where the child abuse occurred or, for a\nschool other than a school district or public school, the school\nadministrator employed by the school where the child abuse occurred.\n 2. In any case where it is alleged that a child was abused by an\nemployee or volunteer of a school other than a school within the school\ndistrict of the child's attendance, the report of such allegations shall\nbe promptly forwarded to the superintendent of schools of the school\ndistrict of the child's attendance and the school district where the\nabuse allegedly occurred, whereupon both school superintendents shall\ncomply with sections eleven hundred twenty-eight and eleven hundred\ntwenty-eight-a of this article. If such case involves a school that is\nnot a school district or public school, the appropriate school\nadministrator or administrators, in addition to any appropriate\nsuperintendent of schools, shall be notified whereupon all such\nindividuals shall comply with sections eleven hundred twenty-eight and\neleven hundred twenty-eight-a of this article.\n 3. Any employee, volunteer, or supervisor who is employed by a person\nor entity that contracts with a school to provide transportation\nservices to children who reasonably and in good faith makes a report of\nallegations of child abuse in an educational setting to a person and in\na manner described in this section shall have immunity from civil\nliability which might otherwise result by reason of such actions.\n 4. In any case where the employee against whom the allegation is made\nis the superintendent or the administrator, the report of such\nallegations shall be made to another administrator designated by the\nschool.\n