Pursuant to Board of Education policy and Education Law, Marcus Whitman Central School District staff and school volunteers should be on the alert for the purpose of identifying abused and maltreated children, including abuse which occurs in an educational setting as enumerated in law; and reporting such findings as required. For the purpose of discerning whether or not child abuse has occurred, the following definitions should be considered.

 

Definitions

 

1)       "Child abuse" shall mean any of the following acts committed in an educational setting by an employee or volunteer against a child:

 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 such physical injury, serious physical injury or death; or

 

c.       Any child sexual abuse, defined as conduct prohibited by Article 130 or 263 of the Penal

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.

 

2)      "Child" shall mean a person under the age of twenty-one (21) years enrolled in a school district in this state, other than a school district within a city having a population of one million or more.

 

3)      "Employee" shall mean any person receiving compensation from the Marcus Whitman Central School District or employee of a contracted service provider or worker placed within the school under a public assistance employment program pursuant to Title 9-B of Article 5 of the Social Services Law and,consistent with the requirements of such law for the provisions of services to the District, its students or employees,directly or through contract, whereby services performed by such person involve direct student contact.

 

4)      "Volunteer" shall mean any person, other than employee, who provides services to the Marcus

Whitman Central School District or a school in the District which involve direct student contact.

 "Educational setting" shall mean:

 

a.      The building(s) and grounds of the Marcus Whitman Central School District;

 

b.      The  vehicles  provided  by  the  Marcus  Whitman  Central  School  District  for  the transportation of  students to  and from school  buildings, field trips,  co-curricular and extracurricular activities both on and off Marcus Whitman Central School District grounds;

 

c.      All co-curricular and extracurricular activities sites; and

 

d.      Any other location where direct contact between an employee or volunteer and a child has allegedly occurred.

 

6)     "Administrator" or "school administrator" shall mean a Principal of a public school, charter school or Board of Cooperative Educational Services, or other chief school officer (e.g., Superintendent of Schools).

 

7)     "Law enforcement authorities" shall mean a municipal police department,sheriffs department, the division of state police or any officer thereof. However, notwithstanding any other provision of law, law enforcement authorities shall not include any child protective service or any society for the prevention of cruelty to children as such terms are defined in Section 423 of the Social Services Law.

 

8)     "Parent" shall mean either or both of a child's parents or other persons legally responsible for the child.

 

9)      "Child sexual abuse" shall mean conduct prohibited by Article 130 or 263 of the Penal Law. Employees Obligated to Report Cases of Suspected Child Abuse in an Educational Setting

Mandatory reporters pursuant to Education Law are teachers, school registered professional nurses, school guidance counselors, school psychologists, school social workers, Superintendents and other school administrators, School Board members, and other school personnel required to hold a teaching or administrative license or certificate.

 Duties of Employees upon Receipt of an Allegation of Child Abuse in an Educational Setting

 

In any case where an oral or written allegation is made to an employee specifically enumerated above that a child has been subjected to child abuse by an employee or volunteer in an educational setting, that person shall upon receipt of such allegation:

 

1)     Promptly complete a written report of such allegation including the full name of the child alleged to be abused; the name of the child's parent; the identity of the person making the allegation and their relationship to the alleged child victim; the name of the employee or volunteer against whom the allegation was made; and a listing of the specific allegations of child abuse in an educational setting. Such written report shall be completed on a form prescribed by the Commissioner of Education.

 

2)     Except where the  school  administrator is  the  person  receiving such oral  or  written allegation, the employee shall promptly personally deliver a copy of that written report to the school administrator of the school in which the child abuse allegedly occurred.

 

3)     Inany case where it is alleged that a child was abused by an employee or volunteer of a school other than a school within the school district of the child's attendance, the report of such allegations shall be promptly forwarded to the Superintendent of Schools of the school district of the child's attendance and the school district where the abuse allegedly occurred;     whereupon,    both    School    Superintendents   shall    comply    with    the reporting/notification requirements as mandated by law and enumerated below.

 

Duties of School Administrators and Superintendents upon Receipt of a Written Report

Alleging Child Abuse in an Educational Setting

 

Upon receipt of a written report as described above alleging that a child has been abused in an educational setting, a school administrator or the Superintendent must then determine whether there is "reasonable suspicion" to believe that an act of such child abuse has occurred. Upon a determination that there is such reasonable suspicion, the school administrator or Superintendent shall comply with the following procedures:

 

Wherethe Child Has Made the Allegation

 

 1)     Promptly notify the parent of such child that an allegation of child abuse in an educational setting has been made regarding such child and promptly provide the parent with a written statement prepared pursuant to Commissioner's Regulations setting forth parental rights, responsibilitiesand procedures under the law; 2)     Where a school administrator receives a written report, promptly provide a copy of the report to the Superintendent; and

3)      Promptly forward such report to appropriate law enforcement authorities.

 

In no event shall reporting to law enforcement authorities be delayed by reason of an inability to contact the Superintendent of Schools.

 

Wherethe Parent of the Child Has Made the Allegation

 

1)    Promptly provide the parent of such child with a written statement prepared pursuant to Commissioner's Regulations setting forth parental rights, responsibilities and procedures under the law;

 

2)     Where a school administrator receives a written report, promptly provide a copy of the report to the Superintendent; and

 

3)       Promptly forward such report to appropriate law enforcement authorities.

 

In no event shall reporting to law enforcement authorities be delayed by reason of an inability to contact the Superintendent of Schools.

 

Where Someone Other Than the Child or the Parent of the Child Has Made the Allegation

 

1)     Promptly notify the parent of the child that an allegation of child abuse in an educational setting has been made regarding his/her child and promptly provide the parent with a written statement prepared pursuant to Commissioner's Regulations setting forth parental rights, responsibilities and procedures under the law;

 

2)      Ascertain from the person making the report the source and basis for such allegation;

 

3)     Where a school administrator receives a written report, promptly provide a copy of the report to the Superintendent; and

 

4)      Promptly forward such report to appropriate law enforcement authorities.

 

In no event shall reporting to law enforcement authorities be delayed by reason of an inability to contact the Superintendent of Schools.

Additional Duties of the Superintendent

 

1)     Where  the Superintendent  or  school  administrator  forwards  to law  enforcement  a  report as mandated by law and enumerated above, the Superintendent must then forward such report to the Commissioner of Education where the employee or volunteer alleged to have committed an act of  child  abuse  in an educational  setting  holds  a  certification  or  license  issued  by the  State Education Department.

 

2)     A  report  which  is  made  pursuant  to  Education  Law  Article  23-B  and  does  not,  after investigation, result in a criminal conviction shall be expunged from any record which may be kept by a school or the School District with respect to the subject of such a report after a period of five (5) years from the date of the making of the report, or at such earlier time as the school or School District determines.

 

Immunity from Liability

 

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 the manner enumerated in law and described above will have immunity from civil liability which might otherwise result by reason of such actions. Similarly,  any school administrator  or Superintendent  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 a report to a person or agency as required by the law will also have immunity from civil liability which might otherwise result by reason of such actions.

 

Confidentiality of Reports

 

Reports  and  other  written  material  submitted  pursuant  to  the  law,  and  photographs  taken concerning such reports in the possession of any person legally 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. The Superintendent and school administrators shall exercise reasonable care in preventing unauthorized disclosure of such records. Willful disclosure of a written record required to be kept confidential pursuant to the law to a person not authorized to receive or review such a record shall constitute a Class A misdemeanor.

 

 Penalties for Failure to Report

 

Willful failure of an employee to prepare and submit a written report of an allegation of child abuse as required in the law will be considered a Class A misdemeanor.

 

Willful failure of a school administrator or the Superintendent to submit a written report of child abuse to an appropriate law enforcement authority is also a Class A misdemeanor.

 

Any failure to submit a written report of child abuse to an appropriate law enforcement authority as required by law, whether or not willful, shall be punishable by a civil penalty (i.e., fine) of up to five  thousand  dollars  ($5000)  upon  an  administrative  determination   by  the  Commissioner   of Education.

         Notification by District Attorney

 

Where a criminal investigation of an allegation of child abuse by an employee or volunteer is undertaken as a result of a written report forwarded by a school administrator or the Superintendent to law enforcement authorities, and where law enforcement authorities have provided such report to the District Attorney and have requested assistance, the District Attorney shall notify the Superintendent of Schools of the district where the acts of child abuse allegedly occurred and of the school district where the child is attending, if different, of an indictment or the filing of an accusatory instrument against the employee or volunteer against whom the allegation of child abuse in an educational setting was made.

 

The District Attorney shall notify the Superintendent of Schools of the district where the acts of child abuse allegedly occurred and of the school district, if different, where the child is attending of the  disposition  of  the  criminal  case  against  such  employee  or  volunteer  or  the  suspension  or termination of the criminal investigation of such employee or volunteer.

 

Actions upon Criminal Conviction of a Licensed or Certified School Employee

 

In the event that a licensed or certified school employee against whom an allegation of child abuse in an educational setting has been made is convicted of any crime involving child abuse in an educational setting, the District Attorney shall provide notice of such criminal conviction to the Commissioner, the Superintendent of Schools of the district where the acts of child abuse occurred and to the school district where the child is attending school, if different.

 

Upon  receiving  notice  of  a  conviction  from  the  District  Attorney,  the  Commissioner  shall determine whether the individual possesses "good moral character" in accordance with Part 83 of the New York Code of Rules and Regulations. However, Education Law 3020-a proceedings are still required.

An employee or volunteer who has adverse action taken against him/her because of any reports made against them pursuant to this law are entitled to receive a copy of such report and respond to the allegations of child abuse. Any employee or volunteer is also entitled to seek disclosure of such report pursuant to Article 6 of the Public Officers Law (Freedom of lnformation Law).

 

Responsibilities of the Commissioner of Education

 

The Commissioner shall prepare a form for the recording and transmitting of allegations of child abuse in an educational setting as mandated pursuant to law. Additionally, the Commissioner shall promulgate rules and regulations for training necessary for the implementation of this law.

 

Notification/Training for Teachers and Other School Officials

 

The Marcus Whitman Central School District shall annually provide to all teachers and all other school officials a written explanation concerning the reporting of child abuse in an educational setting, including the immunity provisions, as mandated pursuant to law and enumerated above. The District will implement, on an ongoing basis, a  training program regarding the procedures set forth  as enumerated in law and Commissioner's Regulations for all current and new teachers, school registered professional 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. Training programs and notification procedures implemented pursuant to this law shall not replace or negate other mandatory training/notification requirements addressing the reporting of child abuse pursuant to Education Law, the Family Court Act and the Social Services Law.

 

The Commissioner, with the assistance and cooperation of the Commissioner of Children and Family Services and the Commissioner of Criminal Justice Services, shall furnish the Marcus Whitman Central School District with the required information. Such information shall be updated by the Commissioner at least once each school year.

 

Prohibition of "Silent" (Unreported) Resignations

 

The Superintendent and other school administrators shall not make any agreement to withhold from  law  enforcement authorities, the  Superintendent or  the  Commissioner, where appropriate, information concerning allegations of child abuse in an educational setting against an employee or volunteer in exchange for that individual's resignation or voluntary suspension from his/her position.

 

 Superintendents (or a designated administrator)  who reasonably and in good faith report to law enforcement  officials  information  regarding  allegations  of child abuse or a resignation as required pursuant to law shall have immunity from any liability, civil or criminal, which might otherwise result by reason of such actions.