S T A T E   O F   N E W   Y O R K
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                                  3242

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2011
                               ___________

Introduced by M. of A. JEFFRIES -- read once and referred to the Commit-
  tee on Social Services

AN  ACT  to  amend  the  social  services law, in relation to reports of
  educational neglect by school districts

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

  Section  1.  Subdivision 8 of section 34-a of the social services law,
as added by chapter 543 of the laws of  2006,  is  amended  to  read  as
follows:
  8.  The  commissioner  of  the  office of children and family services
shall, in conjunction with the commissioner of education, develop  model
practices  and procedures for local social services districts and school
districts regarding  the  reporting  and  investigation  of  educational
neglect.  SUCH POLICIES SHALL REQUIRE THAT A HEARING BY THE COMMITTEE ON
SPECIAL EDUCATION, OR SUCH OTHER  APPROPRIATE  HEARING  BODY,  SHALL  BE
CONDUCTED AND CONCLUDED PRIOR TO THE FILING OF ANY REPORT WITH THE LOCAL
SOCIAL  SERVICES DISTRICT ALLEGING EDUCATIONAL NEGLECT. Such model prac-
tices and procedures shall be available to social services districts and
school districts and shall be posted on the office of children and fami-
ly services website and the state department  of  education  website  by
September  first,  two  thousand  seven.   Each social services district
shall, in conjunction with local school districts within  its  district,
submit written policies and procedures regarding the reporting of educa-
tional  neglect  by  each  school  district  within such social services
district and the investigation of  educational  neglect  allegations  by
child protective services. Such policies and procedures shall be submit-
ted  to the office of children and family services for review by January
first, two thousand eight and the office  shall  approve  or  disapprove
such  local  policies and procedures, based upon the model practices and
procedures established in  conjunction  with  the  state  department  of
education, within sixty days of submission.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02373-01-1
              

A. 3242                             2

  S  2.  Paragraph  (c)  of  subdivision  5 of section 422 of the social
services law, as added by chapter 555 of the laws of 2000, is amended to
read as follows:
  (c) Notwithstanding any other provision of law, the office of children
and  family  services may, in its discretion, grant a request to expunge
an unfounded report where: (i) the source of the report was convicted of
a violation of subdivision three of section 240.55 of the penal  law  in
regard  to such report; or (ii) the subject of the report presents clear
and convincing evidence that affirmatively  refutes  the  allegation  of
abuse  or  maltreatment;  provided however, that the absence of credible
evidence supporting the allegation of abuse or maltreatment shall not be
the sole basis to expunge the report, EXCEPT THAT WHERE THE MALTREATMENT
ALLEGED WAS BASED UPON A CLAIM OF EDUCATIONAL NEGLECT  AND  SUCH  REPORT
WAS DETERMINED TO BE UNFOUNDED THE OFFICE SHALL EXPUNGE THE REPORT BASED
SOLELY  UPON  SUCH  FINDING. Nothing in this paragraph shall require the
office of children and family services to hold an administrative hearing
in deciding whether to expunge a report.  Such  office  shall  make  its
determination  upon  reviewing  the  written  evidence  submitted by the
subject of the report and any records or information obtained  from  the
state  or  local  agency  which investigated the allegations of abuse or
maltreatment.
  S 3. This act shall take effect immediately.