§ 1132 — Duties of the commissioner; child abuse in an educational setting

§ 1132. Duties of the commissioner; child abuse in an educational\nsetting. 1. The commissioner shall prepare a form for the recording and\ntransmitting of allegations of child abuse in an educational setting.\nSuch form shall include: (i) all definitions set out in section eleven\nhundred twenty-five of this article; and (ii) adequate space for the\ninclusion of any other information which the person making or filing the\nreport believes would be helpful in describing or explaining the\ncircumstances surrounding an allegation of child abuse in an educational\nsetting in accordance with the provisions of this article.\n 2. The commissioner shall promulgate rules and regulations for\ntraining necessary for the implementation of this article provided all\nemployees specifically described in section eleven hundred twenty-six of\nthis article shall be required to complete training pursuant to such\nrules and regulations. Such training shall include, at a minimum,\ninformation regarding the physical and behavioral indicators of child\nabuse and maltreatment and the statutory reporting requirements set out\nin sections four hundred thirteen, four hundred fourteen, four hundred\nfifteen, four hundred sixteen, four hundred seventeen, four hundred\neighteen, four hundred nineteen and four hundred twenty of the social\nservices law, including but not limited to, when and how a report must\nbe made, what other actions the reporter is mandated or authorized to\ntake, the legal protections afforded reporters, and the consequences for\nfailing to report.\n 3. All persons employed on or after July first, two thousand nineteen\nby a school, other than a school district or public school, in titles\nequivalent to a teacher or administrator as defined in the regulations\nof the commissioner, and any school bus driver employed by a school or\nany person or entity that contracts with a school to provide\ntransportation services to children shall be required to complete two\nhours of coursework or training regarding the identification and\nreporting of child abuse and maltreatment. The coursework or training\nshall be obtained from an institution or provider that has been approved\nby the department to provide such coursework or training. The coursework\nor training shall include information regarding the physical and\nbehavioral indicators of child abuse and maltreatment and the statutory\nreporting requirements set out in sections four hundred thirteen through\nfour hundred twenty of the social services law, including but not\nlimited to, when and how a report must be made, what other actions the\nreporter is mandated or authorized to take, the legal protections\nafforded reporters, and the consequences for failing to report. Each\nemployee in such titles shall provide the school administrator of the\nschool with documentation showing that he or she completed the required\ntraining. In addition, each school bus driver shall provide such school\nor contracting person or entity with documentation showing that he or\nshe completed the required training. The department shall be authorized\nto request such records on a periodic basis and may publish a list of\nany persons or schools who are not in compliance with this subdivision\non its website.\n 4. The coursework or training required by this section shall not apply\nto those persons already required to undergo coursework or training\nregarding the identification and reporting of child abuse and\nmaltreatment pursuant to sections three thousand three and three\nthousand four of this chapter.\n