N.Y. Education Law § 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.