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Effective July 1, 2001 and amended June 5, 2019, requires certain school individuals to report allegations of child abuse in an educational setting.ÌýThe following information is provided to assist schools and their employees in understanding the various roles and responsibilities required under the law.ÌýPlease review the applicable provisions of the law and consult with your school attorney or school building administrator for further information.

• Duties of Employees
• Duties of School Building Administrators and Superintendents
• Additional Legal Requirements for Schools
• Duties for District Attorneys
• Duties for the Commissioner of Education

Duties of Employees

imposes reporting requirements for the following individuals:

Teachers Administrators School building administrators Superintendents School nurses School guidance counselors School psychologists School social workers School board members

Teacher aides School resource officers All other school personnel required to hold a teaching or administrative license or certificate School bus drivers Licensed and registered physical therapists, occupational therapists, or speech-language pathologists All other persons that contract with a school to provide transportation services to children

When these individuals receive an oral or written allegation of child abuse by an employee or volunteer in an educational setting, they must promptly:

• Complete the Child Abuse in an Educational Setting Report of Allegation Form and deliver it to the school building administrator of the school where the child abuse allegedly occurred.
  • School bus drivers deliver the completed form to their supervisor.
  • If the allegation involves a child who was allegedly abused by an employee or a volunteer of a school in another school district, the completed form must also be forwarded to the district where the abuse allegedly occurred.

Duties of School Building Administrators and Superintendents

Upon receipt of a completed Child Abuse in an Educational Setting report form, the school building administrator or superintendent must review the form and determine if there is reasonable suspicion that an act of child abuse, as defined by law, has occurred. In all cases, school building administrators must ensure the completed form is provided to the superintendent.

If he or she finds reasonable suspicion, the following steps must be promptly taken:

If a Child Makes the Allegation

• Notify the parent of the child that an allegation of child abuse in an educational setting has been made and provide the parent with a written statement setting forth parental rights, responsibilities and procedures in accordance with the Commissioner’s regulations (8 NYCRR §100.2(hh)(1)).
• Forward a copy of the completed form to the appropriate law enforcement authorities and/or follow their designated process for investigating the allegation, which may differ from NYSED’s form. The report to law enforcement cannot be delayed due to an inability to contact the superintendent.
• Concurrent with notifying law enforcement, submit a copy of the completed report form to the Office of School Personnel Review and Accountability (OSPRA) at OSPRA@nysed.gov.

If a Parent Makes the Allegation

• Provide the parent with a written statement setting forth parental rights, responsibilities and procedures in accordance with the Commissioner’s regulations (8 NYCRR §100.2(hh)(1)).
• Forward a copy of the completed report form to the appropriate law enforcement authorities and follow their designated process for investigating the allegation, which may differ from NYSED’s form. The report to law enforcement cannot be delayed due to an inability to contact the superintendent.
• Concurrent with notifying law enforcement, submit a copy of the completed report form to the Office of School Personnel Review and Accountability (OSPRA) at OSPRA@nysed.gov.

If a Person other than the Parent or the Child Makes the Allegation

• Notify the parent of the child that an allegation of child abuse in an educational setting has been made and provide the parent with a written statement setting forth parental rights, responsibilities and procedures in accordance with the Commissioner’s regulations (8 NYCRR §100.2(hh)(1)).
• Determine the source and basis for the allegation from the reporting individual and complete the corresponding portion of the report form.
• Forward a copy of the completed report form to the appropriate law enforcement authorities and follow their designated process for investigating the allegation, which may differ from NYSED’s form.ÌýThe report to law enforcement cannot be delayed due to an inability to contact the superintendent.
• Concurrent with notifying law enforcement, submit a copy of the completed report form to the Office of School Personnel Review and Accountability (OSPRA) at OSPRA@nysed.gov.

In cases where a school building administrator or superintendent receives an oral or written allegation of child abuse in an educational setting from law enforcement officials or from child protective services, the superintendent is responsible for completing the report form and, subsequently, making the reasonable suspicion determination.

In all cases where a completed form is forwarded to law enforcement authorities, and the employee or volunteer alleged to have committed an act of child abuse holds a certification or license issued by NYSED, the superintendent must also notify the Commissioner of Education.

Additional Legal Requirements for Schools

Expungement

A report that, after investigation, does not lead to a criminal conviction will be expunged from any records regarding the individual(s) mentioned in the report, either five years after the report is made or sooner if the school or school district decides.

Penalty Provisions

The requirements established in Article 23-B of the Education Law are mandatory.Ìý Willful failure of an employee to prepare and submit a report form is a Class A misdemeanor.ÌýWillful failure of a school building administrator or superintendent to submit a report form to appropriate law enforcement is also a Class A misdemeanor. In addition, the Commissioner of Education can fine a school building administrator or a superintendent up to $5,000 for failure to submit the form to law enforcement.

Immunity Provisions

Article 23-B provides immunity from civil liability for employees, volunteers, school building administrators and superintendents who reasonably and in good faith make a report of child abuse in an educational setting.ÌýThe law also provides immunity from civil liability to school building administrators and superintendents who reasonably and in good faith submit the report form to a person or agency as required by law.ÌýÌýÌý

Confidentiality of Records

In general, the only persons authorized to receive the completed report form, and any related materials, are the school building administrator and the superintendent, who should exercise reasonable care to prevent unauthorized disclosure.ÌýThe law requires that all reports, records, photographs and other material submitted remain confidential and may not be disclosed except to law enforcement authorities involved in an investigation of child abuse in an educational setting or as expressly authorized by law or a court–ordered subpoena.ÌýWillful disclosure of a confidential written record is a class A misdemeanor.Ìý

Unreported Resignations or Voluntary Suspensions

The law prohibits school building administrators or superintendents from agreeing to withhold an allegation of child abuse in an educational setting from law enforcement authorities, a superintendent or the Commissioner of Education, in return for the resignation or voluntary suspension of the alleged perpetrator.ÌýViolation of this prohibition can result in a class E felony charge and a civil penalty of up to $20,000.

Duties of District Attorneys

Where a criminal investigation is undertaken in response to a report forwarded to law enforcement, the district attorney must notify the superintendent of the school district where the act(s) of child abuse occurred and the superintendent of the child’s district of attendance, if different, of the following:

• an indictment;
• the filing of an accusatory instrument;
• the disposition of the criminal case; or,
• the suspension or termination of the investigation.

Where a criminal conviction is obtained for a crime involving child abuse in an educational setting by a licensed or certified school employee, the district attorney is required to notify the Commissioner of Education, as well as the superintendent of the school district in which the acts of child abuse occurred and the superintendent of the child’s district of attendance, if different.

Duties of the Commissioner of Education

Upon receiving notification of conviction from a district attorney, the Commissioner of Education must begin proceedings against the convicted individual to determine if they possess good moral character ().ÌýThe determination may result in additional actions taken against the individual related to his or her license or certification.Ìý

The Commissioner and the Board of Regents set forth training requirements relating to child abuse in an educational setting (8 CRR-NY §100.2(hh)(2)).