N.Y. Education Law § 1128: Duties of school administrators and superintendents upon receipt of a written report alleging child abuse in an educational setting

§ 1128. Duties of school administrators and superintendents upon

receipt of a written report alleging child abuse in an educational

setting. Upon receipt of a written report described in paragraph (a) of

subdivision one or subdivision one-a of section eleven hundred

twenty-six of this article alleging that a child has been abused in an

educational setting, a school administrator or superintendent shall

where there is a reasonable suspicion to believe that an act of child

abuse has occurred:

1. Where the subject child has made the allegation: (a) promptly

notify the parent of such child that an allegation of child abuse in an

educational setting has been made regarding such child and promptly

provide the parent with a written statement prepared pursuant to

regulations of the commissioner setting forth parental rights,

responsibilities and procedures under this article; (b) where a school

administrator receives a written report, promptly provide a copy of such

report to the superintendent; and (c) promptly forward such report to

appropriate law enforcement authorities. In no event shall reporting to

law enforcement be delayed by reason of an inability to contact the

superintendent.

2. Where a parent of the child has made the allegation: (a) promptly

provide the parent of such child with a written statement prepared

pursuant to regulations of the commissioner setting forth parental

rights, responsibilities and procedures under this article; (b) where a

school administrator receives a written report, promptly provide a copy

of such report to the superintendent; and (c) promptly forward such

report to appropriate law enforcement authorities. In no event shall

reporting to law enforcement be delayed by reason of an inability to

contact the superintendent.

3. Where a person other than the subject child or the parent of a

subject child has made the allegation: (a) promptly notify the parent of

the subject child that an allegation of child abuse in an educational

setting has been made regarding his or her child and promptly provide

the parent with a written statement prepared pursuant to regulations of

the commissioner setting forth parental rights, responsibilities and

procedures under this article; (b) ascertain from the person making such

report the source and basis for such allegation; (c) where a school

administrator receives a written report, promptly provide a copy of such

report to the superintendent; and (d) promptly forward such report to

appropriate law enforcement authorities. In no event shall reporting to

law enforcement be delayed by reason of an inability to contact the

superintendent.

4. Any school administrator or superintendent who reasonably and in

good faith makes a report of allegations of child abuse in an

educational setting or reasonably and in good faith transmits such a

report to a person or agency as required by this article and in a manner

described in section eleven hundred twenty-six of this article and this

section shall have immunity from civil liability which might otherwise

result by reason of such actions.