Requires immediate notification of a child's parent when an allegation of child abuse in an educational setting has been made regarding such child

S T A T E   O F   N E W   Y O R K
        ________________________________________________________________________

                                          8204

                               2025-2026 Regular Sessions

                                  I N  A S S E M B L Y

                                       May 5, 2025
                                       ___________

        Introduced  by M. of A. CLARK -- read once and referred to the Committee
          on Education

        AN ACT to amend the education law, in relation  to  requiring  immediate
          notification  of  a  child's  parent or guardian when an allegation of
          child abuse in an educational setting has  been  made  regarding  such
          child

          THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
        BLY, DO ENACT AS FOLLOWS:

     1    Section 1. Subdivisions 1 and 3 of section 1128 of the education  law,
     2  as  added  by  chapter  180  of the laws of 2000, are amended to read as
     3  follows:
     4    1. Where the subject child has made  the  allegation:  (a)  [promptly]
     5  IMMEDIATELY  notify the parent OR GUARDIAN of such child that an allega-
     6  tion of child abuse in an educational setting has  been  made  regarding
     7  such  child  and  promptly provide the parent OR GUARDIAN with a written
     8  statement prepared pursuant to regulations of the  commissioner  setting
     9  forth  parental rights, responsibilities and procedures under this arti-
    10  cle; (b) where a school administrator receives a written report, prompt-
    11  ly provide a copy of such report to the superintendent; and (c) promptly
    12  forward such report to appropriate law enforcement  authorities.  In  no
    13  event  shall  reporting  to  law  enforcement be delayed by reason of an
    14  inability to contact the superintendent.
    15    3. Where a person other than the subject child or the parent OR GUARD-
    16  IAN of a subject child has made the  allegation:  (a)  [promptly]  IMME-
    17  DIATELY notify the parent OR GUARDIAN of the subject child that an alle-
    18  gation  of child abuse in an educational setting has been made regarding
    19  [his or her] THEIR child and promptly provide  the  parent  OR  GUARDIAN
    20  with a written statement prepared pursuant to regulations of the commis-
    21  sioner  setting  forth  parental rights, responsibilities and procedures
    22  under this article; (b) ascertain from the person making such report the
    23  source and basis for such allegation; (c) where a  school  administrator

         EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10116-01-5
        A. 8204                             2

     1  receives a written report, promptly provide a copy of such report to the
     2  superintendent;  and (d) promptly forward such report to appropriate law
     3  enforcement authorities. In no event shall reporting to law  enforcement
     4  be delayed by reason of an inability to contact the superintendent.
     5    §  2.  This  act shall take effect on the thirtieth day after it shall
     6  have become a law.