N.Y. Education Law § 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.