S1047-2011 Actions

• Jan 4, 2012: REFERRED TO CHILDREN AND FAMILIES
• Jan 5, 2011: REFERRED TO CHILDREN AND FAMILIES

S1047-2011 Memo

BILL NUMBER:S1047

TITLE OF BILL:
An act
to amend the education law, in relation to including pupils from school
districts within a city having a population of one million or more
within the definition of child for the purposes of their protection
from abuse and maltreatment in educational settings

PURPOSE OF BILL:
This bill would amend the education law to extend protection to
children in school districts throughout the state without having to
adhere to population restrictions.

SUMMARY OF PROVISIONS:
� 1 of this bill amends subdivision 2 of section 1125 of the education
laws of 2000 to define "Child" to mean a person under the age of
twenty-one years enrolled in a school district in this state.

JUSTIFICATION:
On May 2, 2001 a teacher employed at Public School 78 in the Bronx was
charged with sodomizing a 9-year old boy. Previously, in 1998, the
accused teacher had been under internal investigation for exposing
himself to a student.

It is unacceptable that the incident was not reported to the
authorities, opening the door for that teacher to engage in the
behavior at the center of the 2001 incident. Allegations of such a
nature should not be handled internally.

Protecting our children is one of parents' most heartfelt concerns. In
order to secure the safety of our children, schools around the state
were required to adhere to a stricter standard of reporting incidents
of child abuse and maltreatment. However, New York City was exempted
from that stricter standard.

A study done by the American Association of University Women in 2001
states that over "4.5 million students are sexually harassed or
abused by an employee of a school sometime between kindergarten and
12th grade." (See,
httphttp://www.freerepublic.com/focus/focus/f-news/1094835/posts) (last
visited 1/3/11).

Based upon data collected for the National Incident-Based Reporting
System between 1991 and 2002, 67 percent of victims of sexual assault
were juveniles under the age of 18, and 34 percent were victims under
the age of 12. (see,
http://http://www.prevent-abuse-now.com/stats.html) (last visited
1/3/11).

A number of studies suggest that sexual misconduct can happen anywhere
from 13 to 34 percent for females and 7 to 16 percent for males.
(see, http://www2.ed.gov/rschstat/research/pubs/misconductreview/
report.pdf)(last visited 1/3/11).


Sexual abuse is a serious crime which can adversely effect a child's
life. The result of being sexually abused can have psychological
consequences that can result in anger, eating disorders, self
mutilation, and a loss of self esteem. (see, http://www.ncvc.org/
ncvc/main.aspx?dbName=DocumentViewer&DocumentID=32369
3).

In order to properly protect our children, the law needs to cover all
school districts, which requires that the exemption for cities over
one million in population be eliminated.

LEGISLATIVE HISTORY:
2009-10: S.7003/A.4234 - REFERRED TO EDUCATION/passed assembly;
2007-08: A.6636 - referred to rules;
2005-06: A.4410 - referred to education;
2003-04: A.8914 - referred to codes;
2001-02: S.5720/A.8872 - REFERRED TO CHILDREN AND FAMILIES.

FISCAL IMPLICATIONS:
Minimal fiscal implications.

EFFECTIVE DATE:
This act shall take effect immediately.

S1047-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1047
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
 printed to be committed to the Committee on Children and Families
 

AN ACT to amend the education law, in relation to including pupils  from
 school  districts  within a city having a population of one million or
 more within  the  definition  of  child  for  the  purposes  of  their
 protection from abuse and maltreatment in educational settings
 

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

 

Section 1. Subdivision 2 of section 1125  of  the  education  law,  as
 added by chapter 180 of the laws of 2000, is amended to read as follows:

 2.  "Child"  shall  mean  a  person  under the age of twenty-one 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].
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01332-01-1

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