N.Y. Education Law § 1132: Duties of the commissioner; child abuse in an educational setting

§ 1132. Duties of the commissioner; child abuse in an educational

setting. 1. The commissioner shall prepare a form for the recording and

transmitting of allegations of child abuse in an educational setting.

Such form shall include: (i) all definitions set out in section eleven

hundred twenty-five of this article; and (ii) adequate space for the

inclusion of any other information which the person making or filing the

report believes would be helpful in describing or explaining the

circumstances surrounding an allegation of child abuse in an educational

setting in accordance with the provisions of this article.

2. The commissioner shall promulgate rules and regulations for

training necessary for the implementation of this article provided all

employees specifically described in section eleven hundred twenty-six of

this article shall be required to complete training pursuant to such

rules and regulations. Such training shall include, at a minimum,

information regarding the physical and behavioral indicators of child

abuse and maltreatment and the statutory reporting requirements set out

in sections four hundred thirteen, four hundred fourteen, four hundred

fifteen, four hundred sixteen, four hundred seventeen, four hundred

eighteen, four hundred nineteen and four hundred twenty of the social

services law, including but not limited to, when and how a report must

be made, what other actions the reporter is mandated or authorized to

take, the legal protections afforded reporters, and the consequences for

failing to report.

3. All persons employed on or after July first, two thousand nineteen

by a school, other than a school district or public school, in titles

equivalent to a teacher or administrator as defined in the regulations

of the commissioner, and any school bus driver employed by a school or

any person or entity that contracts with a school to provide

transportation services to children shall be required to complete two

hours of coursework or training regarding the identification and

reporting of child abuse and maltreatment. The coursework or training

shall be obtained from an institution or provider that has been approved

by the department to provide such coursework or training. The coursework

or training shall include information regarding the physical and

behavioral indicators of child abuse and maltreatment and the statutory

reporting requirements set out in sections four hundred thirteen through

four hundred twenty of the social services law, including but not

limited to, when and how a report must be made, what other actions the

reporter is mandated or authorized to take, the legal protections

afforded reporters, and the consequences for failing to report. Each

employee in such titles shall provide the school administrator of the

school with documentation showing that he or she completed the required

training. In addition, each school bus driver shall provide such school

or contracting person or entity with documentation showing that he or

she completed the required training. The department shall be authorized

to request such records on a periodic basis and may publish a list of

any persons or schools who are not in compliance with this subdivision

on its website.

4. The coursework or training required by this section shall not apply

to those persons already required to undergo coursework or training

regarding the identification and reporting of child abuse and

maltreatment pursuant to sections three thousand three and three

thousand four of this chapter.