Proposed Amendment to Section 100.2 of the Regulations of the Commissioner of Education Pursuant to Education Law Sections 101, 207, 305, 1128, 1132 and 3028-b and Sections 12 and 13 of Chapter 180 of the Law of 2000.
Subdivision (hh) of section 100.2 of the Regulations of the Commissioner of Education is added, effective August 9, 2001, as follows:
(hh) Reporting of Child Abuse in an Educational Setting.
(1) Written statement of parental rights. The written statement to be provided pursuant to Education Law section 1128 to the parent of a child who is the subject of an allegation of child abuse in an educational setting shall set forth parental rights, responsibilities and procedures under Article 23-B of the Education Law including, but not limited to:
(i) the duties of employees upon receipt of an allegation of child abuse in an educational setting pursuant to Education Law section 1126;
(ii) the duties of school administrators and superintendents upon receipt of a written report alleging child abuse in an educational setting pursuant to Education Law section 1128;
(iii) additional duties of superintendents pursuant to Education Law section 1128;
(iv) notification by district attorney pursuant to Education Law section 1130 and actions to be taken upon criminal conviction of a licensed or certified school employee pursuant to Education Law section 1131;
(v) duties of the commissioner relating to child abuse in an educational setting pursuant to Education Law section 1132;
(vi) confidentiality of records pursuant to Education Law section 1127;
(vii) penalties for failure to comply pursuant to Education Law section 1129; and
(viii) prohibition and penalty against agreements relating to the unreported resignation of an employee or volunteer pursuant to Education Law section 1133.
(2) Training in Reporting of Child Abuse in an Educational Setting.
(i) Each school district and each board of cooperative educational services shall establish, and implement on an ongoing basis, a training program regarding the procedures set forth in Article 23-B of the Education 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.
(ii) Such program shall include, but is not limited to, training regarding:
(a) the duties of employees specifically enumerated in Education Law section 1126 upon receipt of an allegation of child abuse in an educational setting;
(b) confidentiality of records pursuant to Education Law section 1127;
(c) duties of school administrators and superintendents upon receipt of a report pursuant to Education Law section 1128, and the additional duties of superintendents pursuant to Education Law section 1128-a;
(d) penalties for failure to comply pursuant to Education Law section 1129;
(e) notification by a district attorney pursuant to Education Law section 1130, and actions taken upon criminal conviction of a licensed or certified school employee pursuant to Education Law section 1131; and
(f) the prohibition set forth in Education Law section 1133 with respect to an unreported resignation or voluntary suspension of an employee or volunteer against whom an allegation of child abuse in an educational setting is made.
(3) Each school shall annually provide to each teacher and all other school officials a written explanation pursuant to section 3028-b of the Education Law concerning the reporting of child abuse in an educational setting, including the immunity provisions of Education Law section 1126.