Policy 9010: Child Abuse Reporting In An Educational Setting
The Board of Education, its officers and employees, shall endeavor to maintain an educational environment that is free from child abuse in an educational setting in accordance with the requirements of Article 23-B of the Education Law and Part 100.2(hh) of the Regulations of the Commissioner of Education. Child abuse in an educational setting by school officers and employees and school volunteers is strictly prohibited and required reporters shall promptly report any and all written or oral allegations of child abuse in an educational setting, as required by law and regulations implementing this policy. Such report shall be received by the Building Principal who shall immediately notify the Superintendent of Schools. The Building Principal shall thoroughly and promptly investigate the allegations to determine whether or not reasonable suspicion exists that an act of child abuse in an educational setting has been found and forward such findings to the Superintendent of Schools. The police authorities shall be immediately notified in any case where reasonable suspicion of child abuse in an educational setting by school officers, employees or volunteers has occurred. The Superintendent of Schools shall send all requisite notices to parents and the State Education Department when there is a finding of reasonable suspicion.
For purposes of this policy, "required reporter" is defined as any:
- school board member
- school nurse
- school guidance counselor
- school psychologist
- school social worker
- school administrator
- other school personnel required to hold a teaching or administrative license or certificate.
- teaching assistant and aide
"Child abuse" shall mean any of the following acts committed in an educational setting by an employee, officer or volunteer against a child under the age of 21 enrolled in a school district of the State: (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 physical injury, serious physical injury or death, or (c) any child sexual abuse as defined in Section 1125 of the Education Law, or (d) the commission or attempted commission against a child of the crime of disseminating indecent materials to minors pursuant to Article 235 of the Penal Law.
"Employee" shall mean any person receiving compensation from a school district or employee of a contracted service provider.
"Volunteer" shall mean any person, other than an employee, who provides services to a school or school district, which involves direct student contact.
"Educational setting" means the buildings and grounds of the district, the vehicles provided by the district to transport students to and from school buildings, field trips, 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.
The Superintendent of Schools shall develop regulations consistent with the requirements of Article 23-B of the Education Law and Part 100.2(hh) of the Commissioner's Regulations for the purpose of implementing this policy and to assure the notification and annual training of school district officials and employees.
Adopted by the Board of Education: March 30, 2004