Regulation 9010: Child Abuse Reporting In An Educational Setting

The duties of employees and Board members are as follows:

In any case where an oral or written allegation of child abuse by an employee or volunteer in an educational setting 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, such person shall:

1. promptly fully complete a written report on a form prepared by the Commissioner of Education;
2. promptly personally deliver a copy of such written report to the principal or other chief school officer of the school in which the child abuse allegedly occurred; or
3. where the allegation involves an allegation of child abuse by an employee or volunteer of a school other than a school within the school district of the child's attendance, promptly forward the report to the Superintendent of Schools of the school district of the child's attendance and to the Superintendent of Schools where the abuse allegedly occurred.

The duties of principals and Superintendents of Schools are as follows:

Where there is reasonable suspicion to believe that an act of child abuse has occurred upon receipt of a written report, the principal shall, unless such action is to be undertaken by the Superintendent of Schools:

1. promptly notify the parent of the child that such allegation has been made;
2. promptly provide the parent with a written statement of parental rights.

When a Superintendent of Schools forwards to law enforcement a report of child abuse in an educational setting, the Superintendent of Schools shall also refer such report to the Commissioner of Education where the employee or volunteer holds a certificate or license issued by the Department of Education.

The Superintendent of Schools shall expunge from any record kept by a school or school district, after five (5) years from the date of the making of a report or at such earlier time as may be determined, a report made pursuant to this law which, after investigation, does not result in criminal conviction.

The Board directs the Superintendent to establish and implement on an ongoing basis, a training program regarding the procedures set forth in the law for all current and new teachers, school nurses, school counselors, school psychologists, school social workers, school administrators, other personnel required to hold a teaching or administrative certificate or license, and school board members.

The training program shall include, but is not limited to, training regarding:

1. duties of employees, identified in the law, upon receipt of an allegation of child abuse in an educational setting;
2. confidentiality of records;
3. duties of school administrators upon receipt of a report of an allegation of child abuse in an educational setting;
4. penalties for failure to comply with the law;
5. notification by district attorneys, and actions taken upon conviction of a licensed or certified school employee;
6. prohibition against unreported resignations or voluntary suspension of employees against whom an allegation is made; and
7. immunity provisions.

The Superintendent shall annually provide to each teacher and all other school officials a written explanation, pursuant to Education Law, Section 3028-b, concerning the reporting of child abuse in an educational setting, including the immunity provisions of the law.

Neither a school administrator nor a Superintendent of Schools shall make any agreement to withhold from law enforcement authorities, the Superintendent of Schools or the Commissioner of Education, where appropriate, the fact of an allegation of child abuse in an educational setting against an employee or volunteer in return for the resignation or voluntary suspension of the employee.

A violation of such prohibition shall constitute a Class E Felony, and shall also be punishable by a civil penalty not to exceed $20,000.00.

Reports and other written material submitted pursuant to the laws and regulations, and photographs taken concerning a report of alleged child abuse in an educational setting, in the possession of any person authorized to receive such information, shall be confidential and shall not be redisclosed except to law enforcement authorities involved in an investigation of child abuse in an educational setting or as expressly authorized by law or pursuant to a court-ordered subpoena.

A school administrator or Superintendent of Schools shall exercise reasonable care in preventing such authorized disclosure.

Willful disclosure of a written record required to be kept confidential to a person not authorized to receive or review such record is a Class A misdemeanor.

The willful failure of an employee to prepare and submit a written report at an allegation of child abuse in a public setting shall be a Class A misdemeanor.

The willful failure of a school administrator or Superintendent of Schools to submit a written report of child abuse to an appropriate law enforcement authority shall be a Class A misdemeanor; and shall also be punishable by a civil penalty not to exceed $5,000.00 upon an administrative determination by the Commissioner of Education.

The willful disclosure of a written record required to be kept confidential to a person not authorized to receive or review such record is a Class A misdemeanor.

A violation of the prohibition against unreported resignations is a Class E felony; and shall also be punishable by a civil penalty not to exceed $20,000.00.

Any employee or volunteer 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 the law shall have immunity from civil liability which might otherwise result from such actions.

Any school administrator or Superintendent of Schools 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 report to a person or agency and in a manner required by the law, shall have immunity from civil liability which might otherwise result from such actions.

Any Superintendent of Schools who reasonably and in good faith reports to law enforcement officials information regarding a resignation of an employee against whom an allegation has been made shall have immunity from any liability, civil or criminal, which might otherwise result by reason of such action.

Where a criminal investigation is undertaken of an allegation of child abuse in an educational setting, and law enforcement authorities have provided such report to the district attorney and requested assistance, as soon as practicable, the district attorney shall notify the Superintendent of Schools of the district where the acts allegedly occurred and of the school district where the child is attending, if different, of a indictment or the filing of an accusatory instrument against the employee or volunteer; and the district attorney shall make such same notification of the disposition of the criminal investigation.

In the event that a licensed or certified school employee is convicted of any crime involving child abuse in an educational setting, the district attorney shall provide notice thereof to the Commissioner of Education, the Superintendent of Schools where the child abuse acts occurred and to the Superintendent of Schools where the child is attending, if different.

Nothing in the law creates any authority to take adverse action against an employee or volunteer by virtue of a report of alleged child abuse in an educational setting which has not been substantiated.

An employee or volunteer who has adverse action taken against him or her by virtue of or in connection with a report pursuant to the law shall be entitled to receive a copy of such report and to respond to the allegations therein. Any employee or volunteer, in addition, shall be entitled to seek disclosure of such report pursuant to Public Officers Law, Article 6.

Nothing in the law creates any authority to take adverse action against an employee or volunteer by virtue or a report of alleged child abuse in an educational setting which has not been substantiated.

An employee or volunteer who has adverse action taken against him or her by virtue of or in connection with a report pursuant to the law shall be entitled to receive a copy of such report and to respond to the allegations therein. Any employee or volunteer, in addition, shall be entitled to seek disclosure of such report pursuant to Public Officers Law, Article 6.