2023 New York Laws › EDN - Education › Title 1 - General Provisions › Article 23-B - Child Abuse in an Educational Setting › 1125 - Definitions.

§  1125.  Definitions.  For the purposes of this article the following
  terms shall have the following meanings:
1. "Child abuse" shall mean any of the following acts committed in  an
  educational  setting  by  an  employee or volunteer against a child: (a)
  intentionally or recklessly inflicting physical injury, serious physical
  injury or death, or (b) intentionally or recklessly engaging in  conduct
  which  creates  a  substantial  risk  of  such  physical injury, serious
  physical injury or death, or (c) any child sexual abuse  as  defined  in
  this  section,  or  (d) the commission or attempted commission against a
  child of  the  crime  of  disseminating  indecent  materials  to  minors
  pursuant  to  article  two  hundred thirty-five of the penal law, or (e)
  using corporal punishment as defined by the commissioner.
2. "Child" shall mean a person  under  the  age  of  twenty-one  years
  enrolled in a school.
3. "Employee" shall mean any person: (i) who is receiving compensation
  from  a  school  or (ii) whose duties involve direct student contact and
  (a) who is  receiving  compensation  from  any  person  or  entity  that
  contracts  with a school to provide transportation services to children,
  or (b) who is an employee of a contracted  service  provider  or  worker
  placed  within  the school under a public assistance employment program,
  pursuant to title nine-B of article five of the social services law, and
  consistent with the provisions  of  such  title  for  the  provision  of
  services  to such school, its students or employees, directly or through
  contract.
4. "Volunteer" shall mean any person, other than an employee, who  has
  direct  student  contact and: (i) provides services to a school, or (ii)
  provides services to any person or entity that contracts with  a  school
  to provide transportation services to children.
5.  "Educational  setting"  shall  mean  the building and grounds of a
  school, the vehicles provided directly or by contract by the school  for
  the  transportation  of  students  to  and  from school buildings, field
  trips, co-curricular and extra-curricular activities  both  on  and  off
  school  grounds,  all co-curricular and extra-curricular activity sites,
  and any other location where  direct  contact  between  an  employee  or
  volunteer and a child has allegedly occurred.
6.  "Administrator"  or "school administrator" shall mean a principal,
  or the equivalent title, in a school, or other chief school officer.
7.  "Law  enforcement  authorities"  shall  mean  a  municipal  police
  department,  sheriff's  department,  the division of state police or any
  officer  thereof.  Notwithstanding  any  other  provision  of  law,  law
  enforcement  authorities  shall not include any child protective service
  or any society for the prevention of cruelty to children as  such  terms
  are  defined in section four hundred twenty-three of the social services
  law.
8. "Parent" shall mean either or both of a child's  parents  or  other
  persons legally responsible for the child.
9.  "Child  sexual abuse" shall mean conduct prohibited by article one
  hundred thirty or two hundred sixty-three of the penal law.
10. "School" shall include a school district, public  school,  charter
  school,  nonpublic  school,  board  of cooperative educational services,
  special act school district as defined in section four thousand  one  of
  this  chapter,  approved preschool special education program pursuant to
  section  forty-four  hundred  ten  of  this  chapter,  approved  private
  residential or non-residential school for the education of students with
  disabilities  including  private schools established under chapter eight
  hundred fifty-three of the laws  of  nineteen  hundred  seventy-six,  or
  state-operated  or  state-supported  school  in  accordance with article
  eighty-five, eighty-seven or eighty-eight of this chapter.