2023 New York Laws › EDN - Education › Title 1 - General Provisions › Article 23-B - Child Abuse in an Educational Setting › 1126 - Duties of Employees Specifically Enumerated in This Section Upon Receipt of an Allegation of Child Abuse in an Educational Setting.

§  1126.  Duties  of employees specifically enumerated in this section
upon receipt of an allegation of child abuse in an educational  setting.
1. In any case where an oral or written allegation is made to a teacher,
school  nurse,  school  guidance  counselor, school psychologist, school
social worker, school administrator, school board member or other school
personnel required to hold  a  teaching  or  administrative  license  or
certificate,  as  well  as a licensed and registered physical therapist,
licensed and registered occupational therapist, licensed and  registered
speech-language  pathologist,  teacher  aide or school resource officer,
that a child has been  subjected  to  child  abuse  by  an  employee  or
volunteer  in  an educational setting, such person shall upon receipt of
such allegation:
(a) promptly complete a written report of  such  allegation  including
the full name of the child alleged to be abused; the name of the child's
parent;  the  identity  of  the  person  making the allegation and their
relationship to the alleged child victim; the name of  the  employee  or
volunteer  against  whom  the  allegation was made; and a listing of the
specific allegations of child abuse  in  an  educational  setting.  Such
written  report  shall  be  upon  a form as prescribed in section eleven
hundred thirty-two of this article.
(b) except where the school administrator is the person receiving such
oral or written allegation, promptly personally deliver a copy  of  such
written  report  to  the school administrator of the school in which the
child abuse allegedly occurred.
1-a. (i) In any case where an oral or written allegation is made to  a
school  bus  driver  employed  by  a  school  or a person or entity that
contracts with a school to provide transportation services  to  children
that  a  child  has  been  subjected  to  child  abuse by an employee or
volunteer in an educational setting, such driver shall upon  receipt  of
such  allegation, promptly report or cause a report to be made to his or
her supervisor employed by such school or contracting person or entity.
(ii) In any case where an oral or written report or allegation is made
to a supervisor who is employed by a school or a person or  entity  that
contracts  with  a school to provide transportation services to children
from a person employed by the school or the contracted person or entity,
that a child in such school has been subjected  to  child  abuse  by  an
employee  or  volunteer in an educational setting, such supervisor shall
upon receipt of such allegation promptly complete a  written  report  of
such  allegation  including  the  full  name  of the child alleged to be
abused; the name of the child's parent or guardian; the identity of  the
person making the allegation and their relationship to the alleged child
victim;  the  name  of  the  employee  or  volunteer  against  whom  the
allegation was made; and a listing of the specific allegations of  child
abuse  in  an  educational  setting. Such written report shall be upon a
form as prescribed in section eleven hundred thirty-two of this article,
and shall be personally delivered to the school district  superintendent
employed by the school district where the child abuse occurred or, for a
school  other  than  a  school  district  or  public  school, the school
administrator employed by the school where the child abuse occurred.
2. In any case where it is alleged that  a  child  was  abused  by  an
employee  or volunteer of a school other than a school within the school
district of the child's attendance, the report of such allegations shall
be promptly forwarded to the superintendent of  schools  of  the  school
district  of  the  child's  attendance and the school district where the
abuse allegedly occurred, whereupon both  school  superintendents  shall
comply  with  sections  eleven  hundred  twenty-eight and eleven hundred
twenty-eight-a of this article. If such case involves a school  that  is
not   a  school  district  or  public  school,  the  appropriate  school

administrator  or  administrators,  in  addition  to   any   appropriate
superintendent   of  schools,  shall  be  notified  whereupon  all  such
individuals shall comply with sections eleven hundred  twenty-eight  and
eleven hundred twenty-eight-a of this article.
3.  Any employee, volunteer, or supervisor who is employed by a person
or entity  that  contracts  with  a  school  to  provide  transportation
services  to children who reasonably and in good faith makes a report of
allegations of child abuse in an educational setting to a person and  in
a  manner  described  in  this  section  shall  have immunity from civil
liability which might otherwise result by reason of such actions.
4. In any case where the employee against whom the allegation is  made
is   the  superintendent  or  the  administrator,  the  report  of  such
allegations shall be made to another  administrator  designated  by  the
school.